[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Notices]
[Page 18986-18987]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
The following parties have filed petitions to modify the
application of existing safety standards under section 101(c) of the
Federal Mine Safety and Health Act of 1977.
1. The Sabine Mining Company
[Docket No. M-2004-012-C]
The Sabine Mining Company, 6501 Farm Road 968 West, Hallsville,
Texas 75650-7413 has filed a petition to modify the application of 30
CFR 77.803 (Fail safe ground check circuits on high-voltage resistance
grounded systems) to its South Hallsville No. 1 Mine (MSHA I.D. No. 41-
03101) located in Harrison County, Texas. The petitioner requests a
modification of the existing standard to allow an alternative method of
compliance when the boom/mast is raised or lowered during necessary
repairs. The petitioner states that during the procedure for raising
and lowering the boom for construction/maintenance, the machine will
not be performing mining operations. The procedure would also be
applicable in instances of disassembly or major maintenance which
require the boom to be raised or lowered. The petitioner further states
that the procedures of raising and lowering the boom/mast during
disassembly or major maintenance would be performed on an as needed
basis; and training and review of the procedures would be conducted prior to each time it is needed since raising and lowering the boom is done infrequently with long intervals
of time between each occurrence, and all persons involved in the
process will be trained or retrained at that time. The petitioner has
listed specific guidelines in this petition that would be followed to
minimize the potential for electrical power loss during this critical
boom procedure. The petitioner asserts that this procedure does not
replace other mechanical precautions or the requirements of 30 CFR
77.405(b) that are necessary to safely secure boom/masts during
construction or maintenance procedures and that its proposed
alternative method would not result in a diminution of safety to the
miners.
2. CONSOL of Kentucky, Inc.
[Docket No. M-2004-013-C]
CONSOL of Kentucky, Inc., 1800 Washington Road, Pittsburgh,
Pennsylvania 15241-1421 has filed a petition to modify the application
of 30 CFR 75.1101-8 (Water sprinkler systems; arrangement of
sprinklers) to its Raccoon E-1 Mine (MSHA I.D. No. 15-18709) located in
Floyd County, Kentucky. The petitioner requests a modification of the
existing standard to permit the use of a single line of automatic
sprinklers for its fire protection system on main and secondary belt
conveyors in the Raccoon E-1 Mine. The petitioner proposes to use a
single overhead pipe system with \1/2\-inch orifice automatic
sprinklers located on 10-foot centers, located to cover 50 feet of
fire-resistant belt or 150 feet of non-fire resistant belt, with
actuation temperatures between 200 and 230 degrees Fahrenheit, and with
water pressure equal to or greater than 10 psi. The petitioner also
proposes to have automatic sprinklers located not more than 10 feet
apart so that the discharge of water will extend over the belt drive,
belt take-up, electrical control, and gear reducing unit; conduct a
test to Insure proper operation during the installation of each new
system and during any subsequent repair or replacement of any critical
part of the sprinkler system; conduct a functional test to ensure
proper operation during subsequent repair or replacement of any
critical part of the sprinkler system; and conduct a functional test on
an annual basis. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as the
existing standard.
3. Acme Brick Company
[Docket No. M-2004-003-M]
Acme Brick Company, 2825 Crockett, Fort Worth, Texas 76107 has
filed a petition to modify the application of 30 CFR 56.9300 (Berms and
guardrails) to its Perla Pit & Plant (MSHA I.D. No. 03-00132) located
in Hot Springs County, Arkansas; Bennett Plant (MSHA I.D. No. 41-00243)
located in Parker County, Texas; Bridgeport Plant (MSHA I.D. No. 41-
00244) located in Wise County, Texas; Standard Pit (MSHA I.D. No. 41-
00264) located in Bastrop County, Texas; Harbert, Hobson, Sewell (MSHA
I.D. No. 41-00368) located in Denton County, Texas; Chew Mine (MSHA
I.D. No. 41-03361) located in Austin County, Texas; Edmond Pit & Plant
(MSHA I.D. No. 34-00110) located in Oklahoma County, Oklahoma; Tulsa
#665 (MSHA I.D. No. 34-00108) located in Tulsa County,
Oklahoma; McQueeny Pits & Plant (MSHA I.D. No. 41-00241) located in
Guadalupe County, Texas; AWC, JEN, RSP, FRK, MLC, HLP Pits (MSHA I.D.
No. 41-00305) located in Henderson County, Texas; Jamestown Pit (MSHA
I.D. No. 16-00391) located in Bienville County, Louisiana; and Garrison
Pit & Plant (MSHA I.D. No. 41-00242) located in Nacogdoches County,
Texas. The petitioner proposes to use an alternative method of
compliance for stockpiling mined clay in lieu of using berms or
guardrails. The petitioner is presently using two scrapers to haul
mined clay up onto the stockpile and a motor grader to level off the
stockpile as the scrapers dump their belly pans. The petitioner is
requesting a variance from the existing standard to permit continued
use of this procedure for stockpiling mined clay.
The petitioner has listed specific procedures in this petition that will be followed when using its proposed alternative method. The
petitioner asserts that application of the existing standard will
result in a diminution of safety to the miners and that the proposed
alternative will provide the same or greater degree of safety than the
existing standard.
5. Acme Brick Company
[Docket No. M-2004-004-M]
Acme Brick Company, 2825 Crockett, Fort Worth, Texas 76107 has
filed a petition to modify the application of 30 CFR 56.9301 (Dump site
restraints) to its Perla Pit & Plant (MSHA I.D. No. 03-00132) located
in Hot Springs County, Arkansas; Bennett Plant (MSHA I.D. No. 41-00243)
located in Parker County, Texas; Bridgeport Plant (MSHA I.D. No. 41-
00244) located in Wise County, Texas; Standard Pit (MSHA I.D. No. 41-
00264) located in Bastrop County, Texas; Harbert, Hobson, Sewell (MSHA
I.D. No. 41-00368) located in Denton County, Texas; Chew Mine (MSHA
I.D. No. 41-03361) located in Austin County, Texas; Edmond Pit & Plant
(MSHA I.D. No. 34-00110) located in Oklahoma County, Oklahoma; Tulsa
#665 (MSHA I.D. No. 34-00108) located Tulsa County, Oklahoma;
McQueeny Pits & Plant (MSHA I.D. No. 41-00241) located in Guadalupe
County, Texas; AWC, JEN, RSP, FRK, MLC, HLP Pits (MSHA I.D. No. 41-
00305) located in Henderson County, Texas; Jamestown Pit (MSHA I.D. No.
16-00391) located in Bienville County, Louisiana; and Garrison Pit &
Plant (MSHA I.D. No. 41-00242) located in Nacogdoches County, Texas.
The petitioner proposes to use an alternative method of compliance for
stockpiling mined clay in lieu of using berms or guardrails. The
petitioner is presently using two scrapers to haul mined clay up onto
the stockpile and a motor grader to level off the stockpile as the
scrapers dump their belly pans. The petitioner is requesting a variance
from the existing standard to permit continued use of this procedure
for stockpiling mined clay. The petitioner has listed specific
procedures in this petition that will be followed when using its
proposed alternative method. The petitioner asserts that application of
the existing standard will result in a diminution of safety to the
miners and that the proposed alternative will provide the same or
greater degree of safety than the existing standard.
Request for Comments
Persons interested in these petitions are encouraged to submit
comments via e-mail to zzMSHA-Comments@dol.gov, or on a computer disk along with an original hard copy to the Office of Standards, Regulations, and
Variances, Mine Safety and Health Administration, 1100 Wilson
Boulevard, room 2350, Arlington, Virginia 22209. All comments must be
postmarked or received in that office on or before May 10, 2004. Copies
of these petitions are available for inspection at that address.
Dated in Arlington, Virginia this 2nd day of April 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-8034 Filed 4-8-04; 8:45 am]
BILLING CODE 4510-43-P
