[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Notices]
[Pages 69414-69415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26280]


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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. J & J Coal Company

[Docket No. M-2004-046-C]

    J & J Coal Company, 678 Main Street, Goodspring, Pennsylvania 17981 
has filed a petition to modify the application of 30 CFR 75.335 
(Construction of seals) to its Rocky Top Mine (MSHA I.D. No. 36-09072) 
located in Schuylkill County, Pennsylvania. Petitioner proposes 
constructing seals from wooden materials of moderate size and weight; 
designing the seals to withstand a static horizontal pressure in the 
range of 10 psi; and installing a sampling tube only in the monkey 
(higher elevation) seal. The petitioner asserts that because of the 
pitch of anthracite veins, concrete blocks are difficult to use and 
expose miners to safety hazards during transport. The petitioner cites 
the low level of explosibility of anthracite coal dust and the minimal 
potential for either an accumulation of methane in previously mined 
pitching veins or an ignition source in the gob area as justification 
for the proposed 10 psi design criterion. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

2. Arclar Company, LLC

[Docket No. M-2004-047-C]

    Arclar Company, LLC, 420 Long Lane Road, Equality, Illinois 62934 
has filed a petition to modify the application of 30 CFR 75.1909(b)(6) 
(Nonpermissible

[[Page 69415]]

diesel-powered equipment; design and performance requirements) to its 
Willow Lake Mine (MSHA I.D. No. 11-030054) located in Saline County, 
Illinois. The petitioner proposes to operate its Getman RDG-1504S Road 
Builder as it was originally designed, without front wheel brakes. The 
petitioner states that the Getman Road Builder has six (6) wheels and a 
dual brake system on the four (4) rear wheels and is designed to 
prevent a loss of braking due to a single component failure. In 
addition, the petitioner will limit the speed of the equipment to 10 
miles per hour; provide training to the operators to recognize 
appropriate speeds for different road conditions and slopes; and 
provide training for the operators to lower the grader blade to provide 
additional stopping capability. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

3. Unimin Corporation

[Docket No. M-2004-009-M]

    Unimin Corporation, 258 Elm Street, New Canaan, Connecticut 06840 
has filed a petition to modify the application of 30 CFR 56.13020 (Use 
of compressed air) to its Marston Plant (MSHA I.D. No. 31-01518) 
located in Richmond County, North Carolina. The petitioner proposes to 
implement a clothes cleaning booth process that has been jointly 
developed with and successfully tested by the National Institute for 
Occupational Safety and Health (NIOSH), for the use of controlled 
compressed air for cleaning miners' dust laden clothing. 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: <a href="/cdn-cgi/l/email-protection#f4b79b9999919a8087b4b9a7bcb5da939b82"><span class="__cf_email__" data-cfemail="185b7775757d766c6b58554b5059367f776e">[email protected]</span></a>; 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 December 29, 2004. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 22nd day of November 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-26280 Filed 11-26-04; 8:45 am]
BILLING CODE 4510-43-P


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