[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Notices]
[Pages 32180-32184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15055]



[[Page 32180]]

DEPARTMENT OF LABOR

Mine Safety and Health Administration


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: June 13, 1995.
Richard V. Zeutenhorst,
Associate Director, Office of Standards, Regulations and Variances.
Affirmative Decisions on Petitions for Modification

Docket No.: M-92-166-C
FR Notice: 57 FR 59361
Petitioner: Costain Coal, Inc.
Reg Affected: 30 CFR 75.360
Summary of Findings: Petitioner's proposal to establish a continuous 
monitoring station to monitor the air passing through the William 
Station intake air shaft, the 3rd East, the 8th Main North intake and 
the 9th Main North entries considered acceptable alternative method. 
Granted with conditions for the 3rd East, 8th Main North, and 8th Main 
North Parallel intake aircourses.

Docket No.: M-93-108-C
FR Notice: 58 FR 39238
Petitioner: Wenrich Coal Company
Reg Affected: 30 CFR 75.335
Summary of Findings: Petitioner's proposal for construction of seals 
using wooden materials of moderate size and weight due to the 
difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings; to accept a design criteria 
in the 10 psi range; and to permit the water trap to be installed in 
the gangway seal and sampling tube in the monkey seal for seals 
installed in pairs considered acceptable alternative method. Granted 
with conditions.

Docket No.: M-93-146-C
FR Notice: 58 FR 39569
Petitioner: RoxCoal, Inc.
Reg Affected: 30 CFR 75.1719-1
Summary of Findings: Petitioner's proposal to ensure that no equipment 
or pedestrians will travel in front of mobile roof support (MRS) while 
its being set up; to provide the MRS with reflective tape; and to use 
continuous mining machines to illuminate the MRS area of travel on the 
pillar line instead of illuminating the work area considered acceptable 
alternative method. Granted with conditions for the J. H. Fletcher 
mobile roof support, Model No. MRS-13 (MRS), used as mobile roof 
support for second mining.

Docket No.: M-93-149-C
FR Notice: 58 FR 39569
Petitioner: Little Rock Coal Company
Reg Affected: 30 CFR 75.335
Summary of Findings: Petitioner's proposal for construction of seals 
using wooden materials of moderate size and weight due to the 
difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings; to accept a design criteria 
in the 10 psi range; and to permit the water trap to be installed in 
the gangway seal and sampling tube in the monkey seal for seals 
installed in pairs considered acceptable alternative method. Granted 
with conditions.

Docket No.: M-93-210-C
FR Notice: 58 FR 44701
Petitioner: Drummond Company, Inc.
Reg Affected: CFR 75.1103-4(a)
Summary of Findings: Petitioner's proposal to install low-level carbon 
monoxide sensors as an early warning fire detection system in all belt 
entries in lieu of point-type heat sensors considered acceptable 
alternate method. Granted with conditions. Petitioner's request for 
relief to give effect to the modification granted.

Docket No.: M-93-211-C
FR Notice: 58 FR 44701
Petitioner: Drummond Company, Inc.
Reg Affected: 30 CFR 75.350
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 aircourses. Granted for the 
use of belt air to ventilate active working sections. Petitioner's 
application for relief to give effect to the March 2, 1995, Proposed 
Decision and Order GRANTED.

Docket No.: M-93-252-C
FR Notice: 58 FR 50055
Petitioner: The Harriman Coal Corporation
Reg Affected: 30 CFR 77.409(b)
Summary of Findings: Petitioner's proposal to operate its Caterpillar 
Excavators, Model 245 without handrails on the outside of walkways 
considered acceptable alternative method. Granted with conditions.

Docket No.: M-93-267-C
FR Notice: 58 FR 57627
Petitioner: AMAX Coal Company
Reg Affected: 30 CFR 77.900
Summary of Findings: Petitioner's proposal to use electronic pump 
controllers to sense the volume of water coming into the pit pumps and 
automatically turn the pump on and off electronically considered 
acceptable alternative method. Granted with conditions for pontoon-
mounted de-watering pumps to be operated with undervoltage protection 
provided by the ground monitor circuit breaker.

Docket No.: M-93-271-C
FR Notice: 58 FR 57627
Petitioner: Peabody Coal Company
Reg Affected: 30 CFR 75.364(b)(1)
Summary of Findings: Petitioner's proposal to establish evaluation 
points in each of the aircourse entries #1, #2, and #3 at the outby end 
of the 1st Sub-Main North aircourse near coordinate 1+70 and at the 
inby end near coordinate 12+70; to test these evaluation points on a 
weekly basis and record the test results in a designated book; and to 
travel the ``neutral entries'' adjacent to the 1st Sub-Main North 
entries on a weekly basis when monitoring the atmosphere that 
ventilates the entries considered acceptable alternative method. 
Granted with conditions for the 1st Sub-main North intake aircourse 
entries from coordinate 1+70 to 12+70, located between crosscut No. 15 
to crosscut No. 84.

[[Page 32181]] Docket No.: M-93-308-C
FR Notice: 58 FR 64972
Petitioner: Consolidation Coal Company
Reg Affected: 30 CFR 75.1002
Summary of Findings: Petitioner's request that paragraph 25 of MSHA's 
Proposed Decision and Order, docket number M-92-90-C be amended to 
eliminate conflict between paragraph 25 and MSHA's subsequently issued 
section 75.342(a)(2) requirements considered acceptable alternative 
method. Granted with conditions for the high-voltage longwall system at 
the Robinson Run No. 95 Mine.

Docket No.: M-93-309-C
FR Notice: 58 FR 64972
Petitioner: Tennessee Energy Corporation
Reg Affected: 30 CFR 75.333(g)
Summary of Findings: Petitioner's proposal to designate specific 
locations strategically positioned and to evaluate the quantity and 
quality of air entering and leaving the affected area instead of 
ventilating and evaluating each individual area considered acceptable 
alternative method. Granted with conditions for the unventilated room 
necks of the mine's main return aircourse for approximately 1,300 feet.

Docket No.: M-93-311-C
FR Notice: 58 FR 64972
Petitioner: Maple Meadow Mining Company
Reg Affected: 30 CFR 75.364(a)(1)
Summary of Findings: Petitioner's proposal to establish monitoring 
stations at a point 50 feet outby spad #2076, No. 3 Entry to monitor 
the quantity and direction of air entering and leaving the affected 
area due to deteriorating roof conditions considered acceptable 
alternative method. Granted with conditions for the intake aircourse 
through 2111 panel.

Docket No.: M-93-313-C
FR Notice: 58 FR 64972
Petitioner: Heatherly Mining, Inc.
Reg Affected: 30 CFR 75.1700
Summary of Findings: Petitioner's proposal to mine through oil and gas 
well boreholes considered acceptable alternative method. Granted with 
conditions.

Docket No.: M-93-317-C
FR Notice: 58 FR 68670
Petitioner: Richland Coal Company (now Canfield Energy, 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 bottom 
buckets considered acceptable alternative method. Granted with 
conditions for the permissible three-wheel battery-powered tractors 
used to load coal.

Docket No.: M-93-318-C
FR Notice: 58 FR 68670
Petitioner: Consolidation Coal Company
Reg Affected: 30 CFR 75.343(b)
Summary of Findings: Petitioner's proposal to ventilate the underground 
shop with intake air that is coursed through the affected air course 
directly into a return air course and that is not used to ventilate 
working places; and to establish check points to monitor for methane 
and the quantity of air in the affected area on a weekly basis due to 
deteriorating conditions considered acceptable alternative method. 
Granted with conditions for the underground shop known as the Bowers 
Air Shaft Motor Barn.

Docket No.: M-93-321-C
FR Notice: 58 FR 68671
Petitioner: Energy West Mining Company (formerly Utah Power and Light 
Company)
Reg Affected: 30 CFR 75.1101-8
Summary of Findings: Petitioner requests to amend MSHA's Proposed 
Decision and Order, dated April 29, 1987 granting petition for 
modification, docket number M-85-49-C. Petitioner's proposal to protect 
all belt drives in these mines with water sprinkler systems; to use 
upright type sprinkler heads as an alternative to the previously 
approved pendant type sprinkler heads; and to include an optional 2-
inch outlet at the end of the 2-inch sprinkler pipe to extend the 
circuit in order to provide optional coverage of remote headrollers at 
its Deer Creek, Trail Mountain and Cottonwood Mines in Emery County, 
Utah considered acceptable alternative method. Granted with conditions.

Docket No.: M-93-327-C
FR Notice: 59 FR 1568
Petitioner: McElroy Coal Company
Reg Affected: 30 CFR 75.364(b)(2)
Summary of Findings: Petitioner's proposal to establish evaluation 
points at specific locations and to have a certified person monitor for 
methane and the quantity and quality of air at these evaluation points 
on a weekly basis and record the results in a book kept on the surface 
due to deteriorating roof conditions in certain areas of the return 
aircourse considered acceptable alternative method. Granted with 
conditions for the ``East Return'' aircourses between Monitoring 
Station No. 8 (near 2 South sealed area) and Monitoring Station No. 9 
(near Big Tribble return air shaft).

Docket No.: M-94-03-C
FR Notice: 59 FR 4114
Petitioner: Peabody Coal Company
Reg Affected: 30 CFR 75.364(b)(4)
Summary of Findings: Petitioner's proposal to have a certified person 
to monitor on a weekly basis the methane and oxygen concentrations and 
quantity of air outby the No. 1 Permanent Seal at Station 41+10 in 
Entry 1 of the 1st Submain North off the 1st Submain East and inby the 
No. 1 Permanent Seal at Station 40+70 in Entry 1 of the 1st Submain 
North off the 1st Submain East due to hazardous roof conditions and to 
record the results in a book kept on the surface available to 
interested persons considered acceptable alternative method. Granted 
with conditions for the examination of the No. 1 seal of the 2nd Panel 
West at the Camp No. 1 Mine.

Docket No.: M-94-30-C
FR Notice: 59 FR 15238
Petitioner: Mon River Mining Corporation
Reg Affected: 30 CFR 75.364(b)(2)
Summary of Findings: Petitioner's proposal to establish evaluation 
check point No. 3 outby and check point No. 4 inby the crosscut due to 
deteriorating roof conditions in the right return in the crosscut outby 
the belt overcast and the adjacent heading at survey Station No. 45; to 
post danger signs and block off the affected area; to check each side 
of the crosscut for proper air movement and for methane and oxygen 
deficiency and record the date, time and initials on date board on each 
side of the crosscut; to make weekly examinations and record the 
results in a record book kept on the surface available to interested 
persons considered acceptable alternative method. Granted with 
conditions for approximately 50 feet of the return aircourse off the 
No. 1 and No. 2 Right rooms ventilated worked-out areas at the No. 1 
Deep Mine.

Docket No.: M-94-35-C
FR Notice: 59 FR 17793
Petitioner: Mountain Coal Company
Reg Affected: 30 CFR 75.804(a)
Summary of Findings: Petitioner's proposal to use 2/0 and 4/0 Anaconda 
SHD+GC, and 2/0 and 4/0 Pirelli SHD-Center-GC type flame resistant 
cables with a flexible No. 16 A.W.G. ground check conductor for the 
ground check continuity check circuit on high-voltage longwall 
system(s) considered acceptable alternative [[Page 32182]] method. 
Granted with conditions for Mountain Coal Company's West Elk Mine's 
longwall systems at the West Elk Mine.

Docket No.: M-94-37-C
FR Notice: 59 FR 17793
Petitioner: Golden Oak Mining Company, L.P.
Reg Affected: 30 CFR 75.1710-1
Summary of Findings: Petitioner's proposal to operate its Joy 21 
shuttle cars without canopies or cabs and assertion that application of 
the standard would result in a diminution of safety to the miners 
considered acceptable. Granted for the two-middle 21SC Joy shuttle cars 
on the 004-0 MMU section, in mining heights less than 48 inches at the 
Tango Mine .

Docket No.: M-94-53-C
FR Notice: 59 FR 24729
Petitioner: Kerr-McGee Coal Corporation
Reg Affected: 30 CFR 75.503
Summary of Findings: Petitioner's proposal to use electric motor-driven 
mine equipment in a longwall recovery room to serve as a power center 
(transformer) in intake air for furnishing power to roofbolters with a 
1200 foot long, Number 2, G-GC, 2KV trail cable that is protected for a 
short circuit fault with an instantaneous circuit breaker set at not 
more than 600 amperes at all points of the recovery room considered 
acceptable alternative method. Granted with conditions for trailing 
cables supplying the 3 Flether single boom roof bolters, Model No. CDR-
13-EC-F, approval No. 2G-2674A-4, Serial Nos. 91086, 91087, and 92048 
at the Galatia No. 56-1 Mine.

Docket No.: M-94-58-C
FR Notice: 59 FR 26816
Petitioner: Costain Coal, Inc.
Reg Affected: 30 CFR 75.1002
Summary of Findings: Petitioner's proposal to use high-voltage (2400 
volts) operated equipment inby the last open crosscut at the working 
longwall sections considered acceptable alternative method. Granted 
with conditions for the permissible high-voltage longwall equipment at 
the Baker Mine.

Docket No.: M-94-60-C
FR Notice: 59 FR 29304
Petitioner: CONSOL of Kentucky, Inc.
Reg Affected: 30 CFR 75.1101-8
Summary of Findings: Petitioner's proposal to use a single overhead 
pipe system with \1/2\-inch orifice automatic sprinklers located on 10 
foot centers to cover 50 feet of fire-resistant belt or 150 feet of 
nonfire-resistant belt with actuation temperatures between 200 and 230 
degrees fahrenheit with water pressure equal or greater than 10 psi and 
with sprinklers located 10 feet apart so that the discharge of water 
will extend over the belt drive, belt take-up, electrical control, and 
gear reducing unit considered acceptable alternative method. Granted 
with conditions at the Jones Fork #11bcde-h4 Mine.

Docket No.: M-94-62-C
FR Notice: 59 FR 29305
Petitioner: Air Products and Chemicals, Inc.
Reg Affected: 30 CFR 77.213
Summary of Findings: Petitioner's proposal to have an escapeway not 
less than 30 inches in diameter from the tunnel within 24 feet of the 
tail roller at the closed end of the tunnel; to install a cable type 
heat detection system set at 140 degrees fahrenheit in the enclosed 
portion of the tunnel; to install heat activated sprinklers in the 
tunnel; to install a carbon monoxide (CO) monitoring sensor in the 
tunnel near the tail roller in order to activate a visual alarm in the 
area of the tail roller and in the main and fuel handling control rooms 
when a level of 15 ppm is reached; and to install a pull cord 
throughout the tunnel to stop the belt conveyor considered acceptable 
alternative method. Granted with conditions for an alternate escapeway 
from the conveyor tunnel at the Cambria Cogeneration Facility.

Docket No.: M-94-66-C
FR Notice: 59 FR 32465
Petitioner: Blue Arc Coal Corporation, 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 bottom 
buckets considered acceptable alternative method. Granted with 
conditions for the Mescher permissible three-wheel battery-powered 
tractors used to load coal at the No. 2 Mine.

Docket No.: M-94-68-C
FR Notice: 59 FR 32465
Petitioner: Island Creek Coal Company
Reg Affected: 30 CFR 75.1100-2(b)
Summary of Findings: Petitioner's proposal to have a fire hose 
strategically located of sufficient length so that any affected area of 
the belt would be covered from the most proximate fire hose outlet; to 
have 700 feet of fire hose instead of the required 500 feet at a 
location in the immediate area of the longwall belt drive; to have 
crosscuts leading to the firehose outlets passable from the belt entry 
by removing a portion of the stoppings at or near the fire hose outlets 
or by providing stopping doors at or near the fire hose outlets 
considered acceptable alternative method. Granted with conditions for 
the retreating longwall sections at the VP-8 Mine.

Docket No.: M-94-82-C
FR Notice: 59 FR 35148
Petitioner: K & S Coal Company
Reg Affected: 30 CFR 75.1100-2(a)(2)
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 considered acceptable 
alternative method. Granted with conditions for firefighting equipment 
in the working sections at the First Chance Slope Mine.

Docket No.: M-94-107-C
FR Notice: 59 FR 40924
Petitioner: Energy West Mining Company
Reg Affected: 30 CFR 75.804(a)
Summary of Findings: Petitioner's proposal to use Cablec Anacondabrand 
5KV 3/C Type SHD+GC, Piralli Type SHD-CENTER-GC, or Tiger Brand 5KV 
Type SHD-CGC, MSHA-approved flame resistant cables with a flexible No. 
16 A.W.G. ground check conductor for the ground continuity check 
circuit, on high-voltage longwall systems considered acceptable 
alternative method. Granted with conditions for longwall systems at the 
Deer Creek Mine.

Docket No.: M-94-114-C
FR Notice: 59 FR 40925
Petitioner: Consolidation Coal Company
Reg Affected: 30 CFR 75.503
Summary of Findings: Petitioner's proposal to use 800 feet of trailing 
cables with three-phase 480 volt to supply power to loading machines, 
shuttle cars, roofbolters, and section ventilation fans while 
developing longwall panels considered acceptable alternative method. 
Granted with conditions for the loading machines, roofbolters, shuttle 
cars, and section ventilation fans used to develop three-entry longwall 
panels in the Dilworth Mine.

Docket No.: M-94-115-C
FR Notice: 59 FR 40925
Petitioner: R & S Coal Company
Reg Affected: 30 CFR 75.1400
Summary of Findings: Petitioner's proposal to use the gunboat without 
safety catches and an increased rope strength safety factor and 
secondary safety connections which are securely [[Page 32183]] fastened 
around the gunboat and to the hoisting rope above the main connecting 
device because of the steep, frequently changing pitch and numerous 
curves and knuckles in the main haulage slope considered acceptable 
alternative method. Granted with conditions for the use of the gunboat 
without safety catches at the Primrose Slope Mine.

Docket No.: M-94-122-C
FR Notice: 59 FR 43869
Petitioner: Freeman United Coal Mining Company
Reg Affected: 30 CFR 75.1002
Summary of Findings: Petitioner's proposal to use high-voltage (2400 
volts) cables to power longwall equipment inby the last open crosscut 
and within 150 feet of pillar workings (gob) areas considered 
acceptable alternative method. Granted with conditions for the 
permissible high-voltage longwall equipment at the Orient No. 6 Mine.

Docket No.: M-94-131-C
FR Notice: 59 FR 46269
Petitioner: Monterey Coal Company
Reg Affected: 30 CFR 75.503
Summary of Findings: Petitioner's proposal to use two Fletcher Model 
CDR-15 slim line roof bolters with No. 2 AWG G-GC portable cables with 
1,200 feet of the cable reaching across the face from the power center 
outby and near the end of the longwall panel in order to provide 
additional support for the face in preparation for equipment transfer 
to the next panel considered acceptable alternative method. Granted 
with conditions at the No. 1 Mine.

Docket No.: M-94-132-C
FR Notice: 59 FR 46269
Petitioner: Consolidation Coal Company
Reg Affected: 30 CFR 75.1002
Summary of Findings: Petitioner's proposal to use high-voltage (4160 
volts) cables inby the last open crosscut to supply power to longwall 
equipment and that application of the standard would result in a 
diminution of safety to the miners considered acceptable alternative 
method. Granted with conditions for the hybrid longwall system 
(combination high-voltage and medium voltage) at the Showmaker Mine.

Docket No.: M-94-164-C
FR Notice: 59 FR 59435
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 bottom 
buckets considered acceptable alternative method. Granted with 
conditions for the Mescher permissible three-wheel battery-powered 
tractors used to load coal at the No. 4 Mine.

Docket No.: M-94-183-C
FR Notice: 60 FR 3437
Petitioner: Southern Utah Fuel Company
Reg Affected: 30 CFR 75.1002
Summary of Findings: Petitioner's proposal to use high-voltage (2400 
volts) cables to power longwall equipment considered acceptable 
alternative method. Granted with conditions for the permissible high-
voltage longwall equipment at the SUFCo Mine. Petitioner's application 
for relief to give effect to the March 17, 1995, Proposed Decision and 
Order GRANTED.

Docket No.: M-79-32-M
FR Notice: 45 FR 3678
Petitioner: Kerr-McGee Chemical Corp. (now New Mexico Potash 
Corporation)
Reg Affected: 30 CFR 57.11050 (previously 30 CFR 57.11-50)
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 use a rescue changer 
instead of a second escapeway in certain limited situations considered 
acceptable alternative method. Granted with conditions.

Docket No.: M-81-01-M
FR Notice: 48 FR 12564
Petitioner: Sunshine Mining Company (now Sunshine Precious Metals, 
Inc.)
Reg Affected: 30 CFR 57.11059 (previously 57.11-59)
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 use a one-hour self-
contained breathing apparatus for their underground hoist operators 
considered acceptable alternative method. Granted with conditions.

Docket No.: M-82-03-M
FR Notice: 47 FR 8896
Petitioner: Franklin Limestone Company (now Franklin Industrial 
Minerals)
Reg Affected: 30 CFR 57.4761 (previously 57.4-61B)
Summary of Findings: Petitioner's granted petition for modification was 
reviewed and noted that changes were needed to the previous amended 
Proposed Decision and Order December 14, 1994, to incorporate the 
changes specified as it pertains to operating an underground shop 
without fire extinguishers installed. Based on this review, MSHA has 
issued an amended Proposed Decision and Order to correct the phrase to 
read ``. . . ordered that modification of the application of 30 CFR 
57.4761 to the Crab Orchard Mine as it pertains to operating an 
underground shop without certain ventilation or mechanical fire control 
devices installed.'' Granted with conditions.

Docket No.: M-86-20-M
FR Notice: 52 FR 5217
Petitioner: Kennecott Utah Copper
Reg Affected: 30 CFR 56.9300 (previously 56.9022)
Summary of Findings: On December 3, 1986, Petitioner filed a petition 
seeking a modification of the application of 30 CFR 56.9022 to its Utah 
Copper Division Concentrator Plants located in Magna, Salt Lake County, 
Utah. The petitioner alleging that application of the standard would 
result in a diminution of safety to the miners and that the alternative 
method outlined in the petition would guarantee no less than the same 
measure of protection as the mandatory standard. A Proposed Decision 
and Order (PDO) was issued granting this petition on May 25, 1988. On 
June 24, 1988, petitioner submitted comments requesting correction to 
certain sections in the PDO. On July 14, 1988, MSHA issued an amended 
PDO incorporating the changes requested by petitioner, allowing the 
operator to use the tailings impoundment roadway without berms or 
guards conditioned upon petitioner's compliance with specific factors 
and upon circumstances existing at the mine at the time modification 
was granted. On October 24, 1988, the mandatory standard was revised 
and redesignated as 56.9300. On July 26, 1994, petitioner submitted a 
request for petition to be amended, noting that conditions have changed 
since previous petition was granted. After review of the entire record, 
and MSHA's investigative report and recommendations, an amended PDO was 
issued on March 8, 1995, modifying the granted modification of 30 CFR 
56.9022 to Kennecott Utah Copper Concentrator--North. On March 28, 
1995, petitioner submitted [[Page 32184]] comments requesting 
correction and/or clarification of certain sections in the PDO. This 
amended PDO incorporates the changes requested by the petitioner. 
Granted with conditions.

Docket No.: M-94-18-M
FR Notice: 59 FR 15239
Petitioner: Santa Fe Pacific Gold Corp.
Reg Affected: 30 CFR 56.6309
Summary of Findings: Petitioner's proposal to recycle used petroleum-
based and lubrication oil from equipment and blend it with fuel oil to 
create a blasting agent (ANFO) was granted, MSHA Proposed Decision and 
Order (PDO) issued November 21, 1994, to the Twin Creeks Mine, allowing 
the operator to use waste oil instead of conventional oil when 
preparing Ammonium Nitrate Fuel oil blasting agents with specific 
conditions. On December 8 and 29, 1994, the petitioner submitted a 
review of the conditions relevant to the PDO. In that review it was 
noted that conditions No. 2, 6, and 14 were incorrect and needed to be 
modified. This PDO incorporates those modifications. Granted with 
conditions.

Docket No.: M-94-38-M
FR Notice: 59 FR 50008
Petitioner: Independent Aggregates
Reg Affected: 30 CFR 56.6306(b)
Summary of Findings: Petitioner's proposal to continue drilling the 
shop pattern while loading is in progress by completing a drill hole 
and immediately loading the hole while continuing to drill a new hole 
considered acceptable alternative method. Granted with conditions.

[FR Doc. 95-15055 Filed 6-19-95; 8:45 am]
BILLING CODE 4510-43-P