[Federal Register: May 17, 2005 (Volume 70, Number 94)]
[Notices]
[Page 28321]
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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. Wabash Mine Holding Company
[Docket No. M-2005-030-C]
Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to
modify the application of 30 CFR 75.364(b)(1) and (b)(4) (Weekly
examination) to its Wabash Mine (MSHA I.D. No. 11-00877) located in
Wabash County, Illinois. The petitioner requests a modification of the
existing standard to permit an alternative method of compliance for
examination of certain sealed areas of the Wabash Mine. The petitioner
states that certain portions of the mine has been sealed off in the
Main South and East seals; air ventilating these seals does ventilate
any working section but travels to a nearby return air shaft; roof
falls have occurred in several of the airways formerly providing access
to the seals; and the remaining entries providing access to the seals
have deteriorated roof conditions and hinder safe access to the seals.
The petitioner asserts that to examine these seals would result in a
diminution of safety to the miners. The petitioner proposes to
establish a permanent monitoring station to monitor the air for oxygen
and methane after it passes through the affected area of the Main East
and Main South seals; to have a certified person evaluate on a weekly
basis the air that passes the seals before it reaches the seals in the
affected area; and to submit proposed revisions to include initial and
refresher training for its approved 30 CFR Part 48 training plan to the
District Manager within 60 days after the Proposed Decision and Order
becomes final. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as the
existing standard.
2. Wabash Mine Holding Company
[Docket No. M-2005-031-C]
Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to
its Wabash Mine (MSHA I.D. No. 11-00877) located in Wabash County,
Illinois. The petitioner requests a modification of the existing
standard to permit an alternative method of compliance for examination
of certain sealed areas of the Wabash Mine. Due to deteriorating roof
conditions and limited access in the 1N3W air course from the
1W#3b tail area to the west side of the existing 1N3W seals,
traveling the air course in its entirety to conduct weekly examinations
would be hazardous to the miners. The petitioner proposes to establish
an inlet evaluation point, ``Intake EP'' and two (2) outlet evaluation
points ``Permanent Outby EP'' to be evaluated by a certified person on
a weekly basis; and to submit proposed revisions that will include
initial and refresher training for its approved 30 CFR part 48 training
plan to the District Manager within 60 days after the Proposed Decision
and Order becomes final. The petitioner asserts that application of the
existing standard would result in a diminution of safety to the miners
and that the proposed alternative method would provide at least the
same measure of protection as the existing standard.
3. Eighty Four Mining Company
[Docket No. M-2005-032-C]
Eighty Four Mining Company, 1800 Washington Road, Pittsburgh,
Pennsylvania 15241-1421 has filed a petition to modify the application
of 30 CFR 75.364(a) (Weekly examination) to its Mine 84 (MSHA I.D. No.
36-00958) located in Washington County, Pennsylvania. The petitioner
requests a modification of the existing standard to permit an
alternative method of compliance for examination of the worked out area
behind the No. 18 belt air dump (sump area) of Mine 84. Due to
deteriorating roof conditions, traveling the affected area of the mine
would expose workers to hazardous conditions. The petitioner proposes
to establish check points G and H to monitor the quantity and quality
of air at these check points, and have a certified person to measure
the air quality and quantity and record their initials, the date and
time in a record book to certify that the examination was conducted.
The record book will be kept on the surface for a period of six months
and made available for inspection by interested persons. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as the existing standard.
4. Coulterville Coal Company, LLC
[Docket No. M-2005-033-C)
Coulterville Coal Company, LLC, 13101 Zeigler 11 Road, P.O. Box
397, Coulterville, Illinois 62237 has filed a petition to modify the
application of 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered
equipment; design and performance requirements) to its Gateway Mine
(MSHA I.D. No. 11-02408) located in Randolph County, Illinois. The
petitioner proposes to operate a six-wheel Getman Road Builder, model
RDG-1504S, serial number 6739, as it was originally designed without
front brakes. The petitioner states that the Getman Road Builder has
dual brake systems on the four (4) rear wheels and is designed to
prevent loss of braking due to a single component failure. The
petitioner will train the grader operators to limit the maximum speed
of the Road Builder to 10 miles per hour (MPH) by permanently blocking
out any gear that would provide higher speed, or use transmission and
differential ratios that would limit the maximum speed to 10 MPH; to
recognize the appropriate speeds to use on different roadway conditions
and slopes; and to lower the grader blade for additional stopping
capability in emergency situations. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as the existing standard.
Request for Comments
Persons interested in these petitions are encouraged to submit
comments via Federal eRulemaking Portal: http://www.regulations.gov; E-mail: zzMSHA-Comments@dol.gov; Fax: (202) 693-9441; or Regular Mail/Hand Delivery/Courier: Mine Safety and Health Administration, Office of
Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room
2350, Arlington, Virginia 22209. All comments must be postmarked or
received in that office on or before May 31, 2005. Copies of these
petitions are available for inspection at that address.
Dated in Arlington, Virginia, this 22nd day of April 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-9798 Filed 5-16-05; 8:45 am]
BILLING CODE 4510-43-P
