[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Notices]
[Page 76959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28082]


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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. W.A. Mining, Inc.

[Docket No. M-2004-050-C]

    True Line, Inc., P.O. Box 85, Thorpe, West Virginia 24888 has filed 
a petition for W. A. Mining, Inc., to modify the application of 30 CFR 
77.214(a) (Draw-off tunnels; stockpiling and reclaiming operations; 
general) to its Caretta Mine No. 2 (MSHA I.D. No. 46-08240) located in 
McDowell County, West Virginia. The petitioner proposes to remove an 
old abandoned refuse pile near the mine site and backfill the mine 
bench with the refuse material in accordance with Surface Mining Coal 
Reclamation Act (SMCRA) regulations. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

2. Kingwood Mining Company, LLC

[Docket No. M-2004-051-C]

    Kingwood Mining Company, LLC, Route 1, Box 294C, Newburg, West 
Virginia 26410 has filed a petition to modify the application of 30 CFR 
75.364(b)(2) (Weekly examination) to its Whitetail K-Mine (MSHA I.D. 
No. 46-08751) located in Preston County, West Virginia. The petitioner 
proposes to: (i) examine the airway of the return air course in its 
entirety up to both sides of the area in question (16XC and 20XC) due 
to deteriorating roof conditions, the affected area cannot be traveled 
in its entirety; and (ii) provide date boards at both ends of the 
affected area and have a certified person examine the area on a weekly 
basis to measure for quantity and quality of air outby (downwind) 
location (16XC) and record results of the measurements in a book and 
made available to interested parties. 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#1655797b7b73786265565b455e5738717960"><span class="__cf_email__" data-cfemail="30735f5d5d555e4443707d6378711e575f46">[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 January 24, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 16th day of December 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-28082 Filed 12-22-04; 8:45 am]
BILLING CODE 4510-43-P


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