[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32158]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF LABOR
 

Summary of Decisions Granting in Whole or in Part Petitions for 
Modification

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of affirmative decisions issued by the Administrators 
for Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and 
Health on petitions for modification of the application of mandatory 
safety standards.

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SUMMARY: Under section 101(c) of the Federal Mine Safety and Health Act 
of 1977, the Secretary of Labor may modify the application of a 
mandatory safety standard to a mine if the Secretary determines either 
that an alternate method exists at a specific mine that will guarantee 
no less protection for the miners affected than that provided by the 
standard, or that the application of the standard at a specific mine 
will result in a diminution of safety to the affected miners.
    Summaries of petitions received by the Secretary appear 
periodically in the Federal Register. Final decisions on these 
petitions are based upon the petitioner's statements, comments and 
information submitted by interested persons, and a field investigation 
of the conditions at the mine. MSHA has granted or partially granted 
the requests for modification submitted by the petitioners listed 
below. In some instances the decisions are conditioned upon compliance 
with stipulations stated in the decision.

FOR FURTHER INFORMATION: Petitions and copies of the final decisions 
are available for examination by the public in the Office of Standards, 
Regulations and Variances, MSHA, Room 627, 4015 Wilson Boulevard, 
Arlington, Virginia 22203.

    Dated: December 21, 1994.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-90-14-C.
    FR Notice: 55 FR 5088.
    Petitioner: Island Creek Coal Company.
    Reg Affected: 30 CFR 75.326.
    Summary of Findings: Petitioner's proposal to install a low-level 
carbon monoxide detection system as an early warning fire detection 
system in all belt entries used as intake air courses at its Ohio No. 
11 Mine considered acceptable alternate method. Granted with 
conditions.

    Docket No.: M-92-150-C.
    FR Notice: 57 FR 56376.
    Petitioner: Buck Mountain Coal Company No. 2.
    Reg Affected: 30 CFR 75.1105.
    Summary of Findings: Petitioner's proposal to use an underground 
battery-charging station to charge locomotive batteries on idle shifts 
and have the air currents used to ventilate the battery charger and 
batteries travel the intake to the idle faces and then enter the return 
at its Buck Mountain Slope Mine considered acceptable alternate method. 
Granted with conditions for underground battery charging station in the 
intake (gangway) entry.

    Docket No.: M-93-21-C.
    FR Notice: 58 FR 13805.
    Petitioner: Peabody Coal Company.
    Reg Affected: 30 CFR 75.1103-4.
    Summary of Findings: Petitioner's proposal to install a carbon 
monoxide monitoring system along belt conveyor entries to identify the 
specific belt flights in case the early warning fire detection is 
activated and install a low-level carbon monoxide detection system in 
all belt entries as an early warning fire detection system at its Camp 
No. 11 Mine considered acceptable alternate method. Granted with 
conditions for a carbon monoxide monitoring system which identifies 
sensor locations in lieu of belt flights.

    Docket No.: M-93-59-C.
    FR Notice: 58 FR 29640.
    Petitioner: Dynamic Recovery, Inc.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish evaluation 
check points to monitor the quality and quantity of air in certain 
areas of the return air course due to hazardous roof conditions, and 
found to be applicable to the intake air course 30 CFR 75.364(b)(1) 
during the investigation instead of the return air course at its 
Lazarus Mine considered acceptable alternate method. Granted with 
conditions for the intake air course ventilating the four seals of the 
No. 1 and No. 2 Pitt Gas Sealed Areas and for the intake air course 
ventilating the nine seals of the Gateway-Lazarus Sealed Area.

    Docket No.: M-93-77-C.
    FR Notice: 58 FR 39234.
    Petitioner: BHP Mineral International, Inc.
    Reg Affected: 30 CFR 75.1304(a).
    Summary of Findings: Petitioner's proposal to use fuel oil blended 
with recycled oil as a blasting agent at its Navajo Mine considered 
acceptable alternate method. Granted with conditions.

    Docket No.: M-93-82-C.
    FR Notice: 58 FR 39235.
    Petitioner: New Warwick Mining Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish a check 
point to monitor the air in certain areas of the return air course due 
to hazardous conditions and roof falls considered acceptable alternate 
method. Granted with conditions for the return air course off of 2 
North and West of 2 North shaft at its Warwick Mine considered 
acceptable alternate method. Granted with conditions.

    Docket No.: M-93-90-C.
    FR Notice: 58 FR 39236.
    Petitioner: Neumeister Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage are not practical at its No. 2 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-99-C.
    FR Notice: 58 FR 39237.
    Petitioner: E & E Fuels.
    Reg Affected: 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage are not practical at its Orchard 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-109-C.
    FR Notice: 58 FR 39238.
    Petitioner: Wenrich Coal Company.
    Reg Affected: 30 CFR 75.360 (b)(4) and (b)(5).
    Summary of Findings: Petitioner's proposal to examine each seal for 
physical damage from the slope gunboat during the preshift examination 
after an air quality reading inby the intake portal and to test for the 
quantity and quality of air at the intake air split locations off the 
slope in the gangway portion of the working section at its Buck 
Mountain Slope Mine considered acceptable alternate method. Granted 
with conditions for examination of seals with regard to 30 CFR 
75.360(b)(5) conducted from the gunboat in the intake air haulage slope 
of the Buck Mountain Slope Mine.

    Docket No.: M-93-111-C.
    FR Notice: 58 FR 39238.
    Petitioner: Wenrich Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage are not practical at its Buck 
Mountain Slope Mine considered acceptable alternate method. Granted 
with conditions for firefighting equipment in the working section.

    Docket No.: M-93-127-C.
    FR Notice: 58 FR 39240.
    Petitioner: Kintzel Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage are not practical at its Lykens No. 
6 Mine considered acceptable alternate method. Granted with conditions 
for firefighting equipment in the working section.

    Docket No.: M-93-135-C.
    FR Notice: 58 FR 39241.
    Petitioner: M and S Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage are not practical at its Buck 
Mountain Slope Mine considered acceptable alternate method. Granted 
with conditions for firefighting equipment in the working section.

    Docket No.: M-93-139-C.
    FR Notice: 58 FR 39241.
    Petitioner: Jeff Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage are not practical at its Tracey 
Vein Slope considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-145-C.
    FR Notice: 58 FR 39569.
    Petitioner: U.S. Steel Mining Company, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use guarded high-
voltage cables with flame-resistant jackets to power longwall equipment 
at its Oak Grove Mine considered acceptable alternate method. Granted 
with conditions for the 4,160 high-voltage longwall.

    Docket No.: M-93-154-C.
    FR Notice: 58 FR 39570.
    Petitioner: Little Rock Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its No. 1 Slope 
Mine considered acceptable alternate method. Granted with conditions 
for firefighting equipment in the working section.

    Docket No.: M-93-163-C.
    FR Notice: 58 FR 41295.
    Petitioner: Nowacki Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its Nowacki 
Coal Company Slope Mine considered acceptable alternate method. Granted 
with conditions for firefighting equipment in the working section.

    Docket No.: M-93-169-C.
    FR Notice: 58 FR 41295.
    Petitioner: TITO Coal.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its White Vein 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-176-C.
    FR Notice: 58 FR 41296.
    Petitioner: Little Buck Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its No. 2 Slope 
Mine considered acceptable alternate method. Granted with conditions 
for firefighting equipment in the working section.

    Docket No.: M-93-185-C.
    FR Notice: 58 FR 41297.
    Petitioner: Primrose Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its Primrose 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-190-C.
    FR Notice: 58 FR 41298.
    Petitioner: Brookside Coal Company.
    Reg Affected: 30 CFR 75.340.
    Summary of Findings: Petitioner's proposal to charge batteries on 
the mines locomotive when all miners are out of the mine and to have 
intake air used to ventilate the charging station to continue through 
the normal route to the last open crosscut and into the monkey airway 
(return) at its Four Foot Slope Mine considered acceptable alternate 
method. Granted with conditions for an underground battery charging 
station in the intake (gangway) entry.

    Docket No.: M-93-194-C.
    FR Notice: 58 FR 41298.
    Petitioner: Brookside Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its Four Foot 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-197-C.
    FR Notice: 58 FR 44700.
    Petitioner: Eastern Associated Coal Corporation.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish 4 
ventilation check points to monitor the methane and oxygen airflow in 
certain areas of the main return airway due to deteriorating roof 
conditions at its Federal No. 2 Mine considered acceptable alternate 
method. Granted with conditions for the 1 West right air courses 
between 1 Right and 4 Right.

    Docket No.: M-93-198-C.
    FR Notice: 57 FR 44700.
    Petitioner: New Warwick Mining Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish evaluation 
check points to monitor the quantity and quality of air entering and 
leaving certain areas of the return air course due to hazardous 
conditions and roof falls at its Warwick Mine considered acceptable 
alternate method. Granted with conditions for the left return air 
course of No. 2 South.

    Docket No.: M-93-199-C.
    FR Notice: 58 FR 44700.
    Petitioner: Island Creek Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish monitoring 
stations on each side of a roof fall to monitor the return air across 
the fall and to examine the location weekly for hazardous conditions 
due to roof falls in the Main South return entries Ohio No. 11 Mine 
considered acceptable alternate method. Granted with conditions.

    Docket No.: M-93-205-C.
    FR Notice: 58 FR 44700.
    Petitioner: Ashland Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its Orchard 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-208-C.
    FR Notice: 58 FR 44701.
    Petitioner: C and C Coal Company.
    Reg Affected: 30 CFR 75.1400.
    Summary of Findings: Petitioner's proposal to use an increased rope 
strength and secondary safety rope instead of safety catches on the 
slope conveyance (gunboat) used to transport persons at its Primrose 
Slope Mine considered acceptable alternate method. Granted with 
conditions for the use of the gunboat without safety catches.

    Docket No.: M-93-212-C.
    FR Notice: 58 FR 44701.
    Petitioner: Clinch Valley Coal Corporation.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish evaluation 
check points to monitor the quantity and quality of air in the left 
return air course due to deteriorating roof conditions at its No. 5 
Mine considered acceptable alternate method. Granted with conditions 
for the West return air courses of the Big Creek Mains.

    Docket No.: M-93-220-C.
    FR Notice: 58 FR 46219.
    Petitioner: Rhen Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its Skidmore 
Slope Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-234-C.
    FR Notice: 58 FR 46221.
    Petitioner: S & M Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its Buck 
Mountain Slope Mine considered acceptable alternate method. Granted 
with conditions for firefighting equipment in the working section.

    Docket No.: M-93-246-C.
    FR Notice: 58 FR 50055.
    Petitioner: New Warwick Mining Company.
    Reg Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal to plug and mine through 
oil and gas wells at its Warwick No. 3 Mine considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-93-249-C.
    FR Notice: 58 FR 50055.
    Petitioner: Island Creek Coal Company.
    Reg Affected: 30 CFR 75.1100-2(b).
    Summary of Findings: Petitioner's proposal to install a fire hose 
of sufficient length to cover any affected area of the belt from the 
most proximate fire hose outlet; to maintain 700 feet of fire hose at a 
location in the immediate area of the longwall belt drive; to remove 
portions of the stoppings or provide stopping doors at or near the fire 
hose outlets so that crosscuts leading to fire hose outlets from the 
belt entry are passable; and to mark each fire hose in both the track 
and the belt entries for easy identification at its Virginia Pocahontas 
No. 3 Mine considered acceptable alternate method. Granted with 
conditions for the retreating longwall sections.

    Docket No.: M-93-268-C.
    FR Notice: 58 FR 57627.
    Petitioner: Black Hawk Coal Corporation.
    Reg Affected: 30 CFR 75.1710-1.
    Summary of Findings: Petitioner's proposal to operate electric face 
equipment without canopies due to dips in the coal bed that would 
result in a diminution of safety to the equipment operator at its No. 1 
Mine considered acceptable alternate method. Granted with conditions 
for the two 21SC Joy shuttle cars, Serial Nos. ET-15165 and ET-15166, a 
Simmons Rand twin headed roof bolting machine, Serial No. 21916, a Long 
Airdox roof bolting machine, Serial No. 62-716, and the Joy 14CM-5 
continuous mining machine, Serial No. JM-3674 in mining heights less 
than 46 inches.

    Docket No.: M-93-270-C.
    FR Notice: 57 FR 57627.
    Petitioner: Clinchfield Coal Company.
    Reg Affected: 30 CFR 75.804.
    Summary of Findings: Petitioner's proposal to use Cablec Anaconda 
brand 5KV 3/C Type SHD+GC, Amnercable Tiger Brand 3/C 5KV type SHD-CGC 
or Pirelli 5KV 3/C type SHD-CENTER-GC, MSHA accepted as flame-resistant 
high-voltage cables for longwall equipment and to use a No. 16 AWG 
stranded conductor as the ground check conductor at its McClure No. 1 
Mine considered acceptable alternate method. Granted with conditions.

    Docket No.: M-93-272-C.
    FR Notice: 58 FR 57627.
    Petitioner: Mallie Coal Company, Inc.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to monitor continuously 
with a hand-held methane and oxygen detector instead of using a methane 
monitoring system on permissible three-wheel tractors with drag type 
buckets at its No. 3 Mine considered acceptable alternate method. 
Granted with conditions for the permissible three-wheel tractors used 
to load coal.

    Docket No.: M-93-275-C.
    FR Notice: 58 FR 58566.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish airway 
check points in certain areas of the return air course due to hazardous 
roof conditions at its Loveridge No. 22 Mine considered acceptable 
alternate method. Granted with conditions for the intake air courses 
ventilating No. 3 North seals and No. 2-1/2 North seals.

    Docket No.: M-93-279-C.
    FR Notice: 58 FR 58566.
    Petitioner: Windsor Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1) and (b)(2).
    Summary of Findings: Petitioner's proposal to establish check 
points to monitor for methane and the quantity and quality of air at 
these check points on a weekly basis due to hazardous roof and rib 
conditions at its Windsor Mine considered acceptable alternate method. 
Granted with conditions for the right intake air course entry of the 
``Tripple Entries'' beginning at the No. 1 South seal, and the right 
entries of the North Mains to the 5 West overcasts.

    Docket No.: M-93-283-C.
    FR Notice: 58 FR 58567.
    Petitioner: Red Bone Mining Company.
    Reg Affected: 30 CFR 75.364(b)(1) (Amended Petition 12/8/93).
    Summary of Findings: Petitioner's proposal to establish evaluation 
check points to monitor for methane and oxygen in certain areas of the 
intake air course due to deteriorating roof conditions at its Pokey No. 
1 Mine considered acceptable alternate method. Granted with conditions 
for the intake air course 780 feet in length, adjacent to the sealed 
worked-out area east of the mine portals.

    Docket No.: M-93-292-C.
    FR Notice: 58 FR 58568.
    Petitioner: R S & W Coal Company, Inc.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its R S & W 
Drift Mine considered acceptable alternate method. Granted with 
conditions for firefighting equipment in the working section.

    Docket No.: M-93-297-C.
    FR Notice: 58 FR 59078.
    Petitioner: Monterey Coal Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to install two 350 MCM 
SHD-GC type portable cables, 1100 feet in length on a cable handling 
and support system to supply power from the Longwall Power Center to 
the Longwall Controller considered acceptable alternate method. Granted 
for the length of the trailing cables.

    Docket No.: M-93-302-C.
    FR Notice: 58 FR 62378.
    Petitioner: Peabody Coal Company.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
(2400 volts) longwall mining equipment in the No. 9 Seam inby the last 
open crosscut due to the width of the coal panels and required 
production at its Camp No. 11 Mine considered acceptable alternate 
method. Granted with conditions. Application for Relief to Give Effect 
to the Proposed Decision and Order. Granted.

    Docket No.: M-93-322-C.
    FR Notice: 58 FR 68671.
    Petitioner: Energy West Mining Company.
    Reg Affected: 30 CFR 75.352.
    Summary of Findings: Petitioner's proposal to use the conveyor belt 
in a return air course during development of a two-entry mining system 
at its Trail Mountain Mine considered acceptable alternate method. 
Granted with conditions.

    Docket No.: M-94-9-C.
    FR Notice: 59 FR 6975.
    Petitioner: SBM Coal Company.
    Reg Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars and other water storage are not practical at its M & R Slope 
Mine considered acceptable alternate method. Granted with conditions 
for firefighting equipment in the working section.

    Docket No.: M-94-15-C.
    FR Notice: 59 FR 9001.
    Petitioner: Energy West Mining Company.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
(2400 volts) cable to power longwall mining equipment at its Deer 
Creek, Trail Mountain, and Cottonwood Mines considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-94-16-C.
    FR Notice: 59 FR 9001.
    Petitioner: Andalex Resources, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
(2400 volts) cable to power longwall mining equipment in the last open 
crosscut at the longwall sections at its Pinnacle, and Aberdeen Mines 
considered acceptable alternate method. Granted with conditions.

    Docket No.: M-94-36-C.
    FR Notice: 59 FR 17793.
    Petitioner: Drummond Coal Company, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
(2400 volts) cable to power longwall mining equipment at its Mary Lee 
No. 1 Mine considered acceptable alternate method. Granted with 
conditions.

    Docket No.: M-81-28-M.
    FR Notice: 46 FR 49230.
    Petitioner: American Gilsonite Company.
    Reg Affected: 30 CFR 57.4760 (previously 57.4-61A).
    Summary of Findings: Petitioner's granted petition for modification 
was reviewed and changes were noted which have occurred since petition 
was granted. Based on this review, MSHA has issued an amended Proposed 
Decision and Order. Petitioner's proposal to mine underground without 
installing fire doors at its Bonanza Operations considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-85-12-M.
    FR Notice: 50 FR 33122.
    Petitioner: Chevron Resources Company (now SF Phosphates Ltd.).
    Reg Affected: 30 CFR 56.14130 (previously 56.9088).
    Summary of Findings: Petitioner's granted petition for modification 
was reviewed and changes were noted which have occurred since petition 
was granted. Based on this review , MSHA has issued an amended Proposed 
Decision and Order. The petitioner's proposal to use a D-4E side boom 
pipe layer without ROPS and conditions upon specified factors at its 
Vernal Pit and Vernal Mill considered acceptable alternate method. 
Granted with conditions.

    Docket No.: M-94-06-M.
    FR Notice: 58 FR 10172.
    Petitioner: AZKO Nobel Salt, Inc.
    Reg Affected: 30 CFR 57.19073 (previously 57.19-73).
    Summary of Findings: On February 14, 1994, petitioner filed a 
petition to modification of application of 30 CFR 57.19073. Petitioner 
was granted a modification by the State of New York on February 22, 
1972, and this modification was still in effect at the time of new 
petition request and should continue in effect until revoked, 
terminated, modified, superseded, or set aside by the Secretary of 
Labor, the Federal Mine Safety and Health Review Commission, or other 
authorized officials. Petitioner's proposal to provide protection for 
miners in the service shaft man cage against falling materials from 
adjacent hoisting devices at its Retsop Mine considered acceptable 
alternate method. Granted with conditions.

[FR Doc. 94-32158 Filed 12-29-94; 8:45 am]
BILLING CODE 4510-43-P