[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)] [Notices] [Pages 42915-42919] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-21021] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. Contact Barbara Barron at 703-235-1910. Dated: August 13, 1996. Edward C. Hugler, Deputy Assistant Secretary for Mine Safety and Health. Affirmative Decisions on Petitions for Modification Docket No.: M-95-001-C. FR Notice: 60 FR 9866. Petitioner: Serendipity Mining, Inc. Reg Affected: 30 CFR 75.313 (now 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 for the No. 4 Mine with conditions for the Mescher permissible three-wheel battery- powered tractors used to load coal. Docket No.: M-95-006-C. FR Notice: 60 FR 9867. Petitioner: C.S. & S. Coal Corporation. Reg Affected: 30 CFR 75.1710-1. Summary of Findings: Petitioner's proposal to operate electric mobile equipment without canopies in seam heights up to 48 inches considered acceptable alternative method. Granted for the No. 7 Mine with conditions for two center-driven Joy 21-SC shuttle cars, two S&S Scoops and the Eimco 3510 Roof Bolting Machine. Docket No.: M-95-007-C. FR Notice: 60 FR 11680. Petitioner: Rothermel Coal Company. Reg Affected: 30 CFR 75.335(a)(1). Summary of Findings: Petitioner's proposal to construct 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 criterion 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 for the 11 Vein Slope Mine with conditions for seals installed at the mine. Docket No.: M-95-012-C. FR Notice: 60 FR 11680. Petitioner: Stephen Shingara Jr. Coal Company. Reg Affected: 30 CFR 75.335 (a)(1). Summary of Findings: Petitioner's proposal to construct 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 criterion in the 10 psi range; and to permit the water trap to be installed in the monkey seal for seals installed in pairs considered acceptable alternative method. Granted for the No. 1 Slope with conditions for seals installed in this mine considered acceptable alternative method. Docket No.: M-95-013-C. FR Notice: 60 FR 11681. Petitioner: Stephen Shingara Jr. Coal Company. Reg Affected: 30 CFR 75.360(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 quantity reading is taken in by the intake portal; 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; and to physically examine the entire length of the slope once a month considered acceptable alternative method. Granted for the No. 1 Slope Mine with conditions for examination of seals in the intake air haulage slope of this mine. Docket No.: M-95-014-C. FR Notice: 60 FR 11681. Petitioner: Stephen Shingara Jr. 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 for the No. 1 Slope Mine with conditions for firefighting equipment in the working section. Docket No.: M-95-015-C. FR Notice: 60 FR 11681. Petitioner: Stephen Shingara Jr. Coal Company. Reg Affected: 30 CFR 75.1200(d) & (1). Summary of Findings: Petitioner's proposal to use cross-sections instead of contour lines through the intake slope, at locations of rock tunnel connections between veins, and at 1,000 feet intervals of advance from the intake slope and to limit the mapping of mine workings above and below to those present within 100 feet of the vein being mined except when veins are interconnected to other veins beyond the 100 feet limit through rock tunnels considered acceptable alternative method. Granted for the No. 1 Slope Mine with conditions for the use of cross sections, in lieu of contour lines, limiting the mapping of mines above or below this mine to those within 100 feet of the vein being mined. Docket No.: M-95-016-C. FR Notice: 60 FR 11681. Petitioner: Stephen Shingara Jr. Coal Company. [[Page 42916]] Reg Affected: 30 CFR 75.1202-1(a). Summary of Findings: Petitioner's proposal to revise and supplement mine maps on an annual basis instead of the required 6 month interval and to update maps daily by hand notations considered acceptable alternative method. Granted for the No. 1 Slope Mine with conditions for annual revisions and supplements of the mine map. Docket No.: M-95-018-C. FR Notice: 60 FR 11681. Petitioner: Pen Coal Corporation. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to replace a padlock on battery plug connectors with a threaded ring and a spring loaded device on mobile battery-powered machines to prevent the plug connector from accidently disengaging while under load; to have a warning tag on all battery plug connectors on the battery-powered machines that states ``do not disengage plugs under load;'' and to instruct all persons required to operate or maintain the battery-powered machines in the safe practices and provisions provided for in the alternative method of compliance considered acceptable alternative method. Granted for the Frank Branch No. 2 mine with conditions for the use of permanently installed spring-loaded locking devices in lieu of pad locks on battery plugs. Docket No.: M-95-019-C. FR Notice: 60 FR 11681. Petitioner: Copperas Coal Corporation. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to replace a padlock on battery plug connectors with a threaded ring and a spring loaded device on mobile battery-powered machines to prevent the plug connector from accidently disengaging while under load; to have a warning tag on all battery plug connectors on the battery-powered machines that states ``do not disengage plugs under load''; and to instruct all persons required to operate or maintain the battery-powered machines in the safe practices and provisions provided for in the alternative method of compliance considered acceptable alternative method. Granted for the Red Oak Mine with conditions for the use of permanently installed spring-loaded locking devices in lieu of padlocks on battery plugs. Docket No.: M-95-023-C. FR Notice: 60 FR 16165. Petitioner: U.S Steel Mining Company, Inc. Reg Affected: 30 CFR 75.1101-1(b). Summary of Findings: Petitioner's proposal to continue its weekly inspections and functional testing of the complete deluge-type water spray system and to remove blow-off dust covers from the nozzles considered acceptable alternative method. Granted for the Gary No. 50 Mine with conditions for weekly examination and functional testing of deluge type fire suppression systems installed at conveyor belt drives in lieu of dust covers for nozzles of water deluge fire suppression systems at the mine. Docket No.: M-95-026-C. FR Notice: 60 FR 16165. Petitioner: McElroy Coal Company. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to increase the maximum length of its trailing cables to 800 feet to supply three-phase, 480- volt power to loading machines, shuttle cars, roof bolters, and section ventilation fans during development of longwall panels considered acceptable alternative method. Granted for the McElroy Mine with conditions for the 480-volt loading machines, roof bolters, shuttle cars, and section ventilation fans used in the three-entry longwall panels and six-entry main and submain sections. Docket No.: M-95-027-C. FR Notice: 60 FR 16165. Petitioner: Monterey Coal Company. Reg Affected: 30 CFR 75.1100-2(i)(1). Summary of Findings: Petitioner's proposal to use the following materials: 112 Kennedy Metal Stopping Panels with associated head sills and twist clamps, 24 Kennedy Stopping Rib Angles, 2 rolls of tape, 2 twist tools, 2 rolls of brattice cloth, 2 stopping jacks, 2 picks, 2 shovels, 6 buckets of Celtite 10-12 Airtite (or equivalent material for stoppings), and 5 tons of rock dust considered acceptable alternative method. Granted for the No. 2 Mine with conditions for emergency materials readily available at locations not exceeding 2 miles from each working section. Docket No.: M-95-029-C. FR Notice: 60 FR 16165. Petitioner: U.S. Steel Mining Company, Inc. Reg Affected: 30 CFR 75.1002. Summary of Findings: Petitioner's proposal to use high-voltage (4,160 volts) cables to power longwall mining equipment and to train all electrical personnel before the alternative method is implemented considered acceptable alternative method. Granted for the Maple Creek Mine with conditions for the high-voltage equipment located at the mine. Docket No.: M-95-036-C. FR Notice: 60 FR 16166. Petitioner: Consolidation Coal Company. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to increase the maximum length of its trailing cables to 800 feet to supply three-phase, 480- volt power to loading machines, shuttle cars, roof bolters, and section ventilation fans during development of longwall panels considered acceptable alternative method. Granted for the Shoemaker Mine with conditions for the 480-volt loading machines, roof bolters, shuttle cars, and section ventilation fans used in the three-entry longwall panels and six-entry main and submain sections at the mine. Docket No.: M-95-037-C. FR Notice: 60 FR 16166. Petitioner: Cyprus Emerald Resources Corporation. Reg Affected: 30 CFR 75.1002. Summary of Findings: Petitioner's proposal to use high-voltage (4,160 volts) cables to power longwall mining equipment considered acceptable alternative method. Granted for the Emerald Mine No. 1 with conditions for the 4,160-volt high-voltage equipment located at the mine. Docket No.: M-95-038-C. FR Notice: 60 FR 16166. Petitioner: Twentymile Coal Company. Reg Affected: 30 CFR 75.1002. Summary of Findings: Petitioner's proposal to use high-voltage (4,160 volts) cables to power longwall mining equipment considered acceptable alternative method. Granted for the Foidel Creek Mine with conditions for the 4,160-volt high-voltage equipment located at the mine. Docket No.: M-95-039-C. FR Notice: 60 FR 18147. Petitioner: C & B Mining Company. Reg Affected: 30 CFR 75.335(a)(1). Summary of Findings: Petitioner's proposal to construct 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 for the No. 2 Vein Slope Mine with conditions for seals installed in this mine. Docket No.: M-95-041-C. FR Notice: 60 FR 18147. Petitioner: C & B Mining 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 [[Page 42917]] requirements where rock dust, water cars, and other water storage are not practical considered acceptable alternative method. Granted for the No. 2 Vein Slope Mine with conditions for firefighting equipment in the working sections at the mine. Docket No.: M-95-042-C. FR Notice: 60 FR 18147. Petitioner: C & B Mining Company. Reg Affected: 30 CFR 75.1200 (d), (h), and (i). Summary of Findings: Petitioner's proposal to use cross-sections instead of contour lines through the intake slope, at locations of rock tunnel connections between veins, and at 1,000 feet intervals of advance from the intake slope and to limit the mapping of mine workings above and below to those present within 100 feet of the vein being mined except when veins are interconnected to other veins beyond the 100 feet limit through rock tunnels considered acceptable alternative method. Granted for the No. 2 Vein Slope Mine with conditions for the use of cross-sections, in lieu of contour lines, limiting the mapping of mines above or below this mine to those within 100 feet of the vein being mined. Docket No.: M-95-043-C. FR Notice: 60 FR 18147. Petitioner: C & B Mining Company. Reg Affected: 30 CFR 75.1202-1(a). Summary of Findings: Petitioner's proposal to revise and supplement mine maps on an annual basis instead of the required 6 month interval and to update maps daily by hand notations considered acceptable alternative method. Granted for the No. 2 Vein Slope Mine with conditions for annual revisions and supplements of the mine map. Docket No.: M-95-044-C. FR Notice: 60 FR 18147. Petitioner: Kerr-McGee Coal Corporation. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to use trailing cables to supply power to the Fletcher single boom roof bolter, Model No. CDR- 13-EC-F, Approval No. 2G-2674A-4, and all updated approval extensions of this equipment as applicable and request to amend granted petition (Docket No. M-94-53-C) considered acceptable alternative method. Granted for the Galatia No. 56-1 Mine with conditions for the use of longer trailing cables to supply power to single boom Fletcher roof bolters, Model No. DR-13, approval No. 2G2956A-1, and the Petitto shield mover, Model No. 1039, approval no. 2G-3113A-1. Docket No.: M-95-045-C. FR Notice: 60 FR 18147. Petitioner: Kerr-McGee Coal Corporation. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to use trailing cables to supply power to the Fletcher single boom roof bolter, Model No. CDR- 13-EC-F, Approval No. 2G-2674A-4, and all updated approval extensions of this equipment as applicable and request to amend granted petition (Docket No. M-91-12-C) considered acceptable alternative method. Granted for the Galatia No. 56-1 Mine with conditions for the use of longer trailing cables to supply power to single boom Fletcher roof bolters, Model No. CDR-13-EC-F, approval No. 2G2674A-4. Docket No.: M-95-046-C. Petitioner: Roberts Brothers Coal Company, Inc. Reg Affected: 30 CFR 75.901(a). Summary of Findings: Petitioner's proposal to operate its Diesel Powered Generator (DPG) without an earth referenced ground and proposal to use resistors, ground fault relays and trips, and SHD-GC shielded cable in lieu of an earth referenced ground considered acceptable alternative method. Granted for the Cardinal No. 2 Mine with conditions for the diesel powered generator located at the mine. Docket No.: M-95-054-C. FR Notice: 60 FR 21831. 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 degrees and 230 degrees fahrenheit and with water pressure equal to or greater than 10 psi; and to have sprinklers located not more than 10 feet apart, so that the discharge of water would extend over the belt drive, belt take-up, electrical control, and gear reducing unit considered acceptable alternative method. Granted for the Indian Gap Mine with conditions for the use of a single overhead branch line sprinkler system at main and secondary conveyor belt drives. Docket No.: M-95-055-C. FR Notice: 60 FR 21831. Petitioner: Mountain Valley Management, Inc., T/A Bucket Coal Company. Reg Affected: 30 CFR 75.335(a)(1). Summary of Findings: Petitioner's proposal to construct 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 for the Heather Mine with conditions for seals installed at this mine. Docket No.: M-95-060. FR Notice: 60 FR 21832. Petitioner: Mystic Energy, Inc. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to replace a padlock on battery plug connectors on mobile battery-powered machines used inby the last open crosscut with a threaded ring and a spring loaded device to prevent the plug connector from accidently disengaging while under load; to provide a warning tag that states ``Do Not Disengage Plugs Under Load'' on all battery plug connectors on battery-powered machines using the alternative method; and to instruct all persons who are required to operate or maintain the battery-operated machines on safe work practices and procedures considered acceptable alternative method. Granted for the Candice No. 2 Mine with conditions for the use of permanently installed spring-loaded locking devices in lieu of padlocks on battery plugs. Docket No.: M-95-061-C. FR Notice: 60 FR 21832. Petitioner: AMAX Coal West, Inc. Reg Affected: 30 CFR 77.1304(a). Summary of Findings: Petitioner's proposal to use petroleum-based lubrication oils, recycled from equipment used at its mine for blending with fuel oil to create ammonium nitrate/fuel oil (ANFO) for use as a blasting agent at its surface coal mine considered acceptable alternative method. Granted for the Eagle Butte Mine with conditions. Docket No.: M-95-062-C. FR Notice: 60 FR 21832. Petitioner: Pen Coal Corporation. Reg Affected: 30 CFR 75.503. Summary of Findings: Petitioner's proposal to replace a padlock on battery plug connectors on mobile battery-powered machines used inby the last open crosscut with a threaded ring and a spring loaded device to prevent the plug connector from accidently disengaging while under load; to provide a warning tag that states ``Do Not Disengage Plugs Under Load'' on all battery plug connectors on battery-powered machines using the alternative method; and to instruct all persons who are required to operate or maintain the battery-operated machines on safe work [[Page 42918]] practices and procedures considered acceptable alternative method. Granted for the Develstrace No. 3 Mine with conditions for the use of permanently installed spring-loaded locking devices in lieu of padlocks on battery plugs. Docket No.: M-95-064-C. FR Notice: 60 FR 26903. Petitioner: Shady Lane Coal Corporation. Reg Affected: 30 CFR 77.214(a). Summary of Findings: Petitioner's proposal to construct a refuse fill in an area containing abandoned mine openings considered acceptable alternative method. Granted for the Mine No. 4 with conditions to allow installation of refuse piles over the abandoned mine opening at No. 2 and No. 8 mines. Docket No.: M-95-065-C. FR Notice: 60 FR 26903. Petitioner: Genewal Resources, Inc. Reg Affected: 30 CFR 75.804(a). Summary of Findings: Petitioner's proposal to use Anaconda type SHD+GC, Pirelli type SHD-CENTER-GC, and Tiger Brand type SHD-CGC flame- resistant cables with a flexible No. 16 (A.W.G.) ground check conductor for the ground continuity check circuit considered acceptable alternative method. Granted for the Crandall Canyon Mine with conditions for Genewal Resources, Inc. Crandall Canyon Mine's longwall systems. Docket No.: M-95-067-C. FR Notice: 60 FR 29714. Petitioner: H & S Coal Company. Reg Affected: 30 CFR 75.1400. Summary of Findings: Petitioner's proposal to use a slope conveyance (gunboat) in transporting persons without installing safety catches or other no less effective devices but instead use a increased rope strength/safety factor and secondary safety rope connection in place of such devices considered acceptable alternate method. Granted for the No. 1 Slope Mine with conditions for the use of the gunboat without safety catches. Docket No.: M-95-070-C. FR Notice: 60 CFR 29714. Petitioner: Clinchfield Coal Company. Reg Affected: 30 CFR 75.350. Summary of Findings: Petitioner's proposal to install a low-level carbon monoxide monitoring system as an early warning fire detection system in all belt entries used as intake air courses to ventilate the active working faces, and to dilute and render harmless respirable dust and harmful gases considered acceptable alternative method. Granted for the McClure No. 2 Mine with conditions to allow air coursed through conveyor belt entries to be used to ventilate working places. Docket No.: M-95-074-C. FR Notice: 60 FR 29715. Petitioner: Industrial Coal Corporation. Reg Affected: 30 CFR 77.214(a). Summary of Findings: Petitioner's proposal to seal the mine by removing all sloughed overburden for 10 to 12 feet in front of and to either side of the drift openings in order to allow placement of suitable material for sealing, and to install a rock core underdrain constructed of durable sandstone rock, enclosed in filter fabric to prevent piping, and/or 2 to 3 inch CMP drain for wet seal in the lowest entry; to backfill the portal areas with an impervious, noncombustible material, that contains enough fines to ensure an airtight seal and compacted to 90 percent Proctor dry density; to backfill to 4 feet above drift openings or to 4 feet above any visible cracks above the drifts; and to backfill all exposed coal seams in the vicinity of the openings to a minimum depth of 4 feet above the top of the seam considered acceptable alternative method. Granted for the Mine No. 3 with conditions to allow installation of refuse piles over the abandoned mine opening at No. 2 and No. 8 mines. Docket No.: M-95-075-C. FR Notice: 60 FR 29715. Petitioner: Trapper Mining, Inc. Reg Affected: 30 CFR 77.1304(a). Summary of Findings: Petitioner's proposal to allow the addition of petroleum-based solvent (NAPHTHA) to the recycled oil/diesel fuel mixture in the creation of an ammonium nitrate-fuel oil (ANFO) for use as a blasting agent at the mine site which would amend granted petition (Docket No. M-93-54-C) considered acceptable alternative method. Granted for the Trapper Mine with conditions for the use of petroleum- based lubricating oils and solvents in ANFO. Docket No.: M-95-076-C. FR Notice: 60 FR 29715. Petitioner: Twentymile Coal Company. Reg Affected: 30 CFR 75.507. Summary of Findings: Petitioner's proposal to use high-voltage submersible pumps in boreholes drilled into a sump area of the mine and request to amend granted petition (Docket No. M-90-79-C) considered acceptable alternative method. Granted for the Foidel Creek Mine with conditions for the use of non-permissible submersible high-voltage pumps located throughout the mine. Docket No.: M-95-077-C. FR Notice: 60 FR 29715. Petitioner: Twentymile Coal Company. Reg Affected: 30 CFR 75.803. Summary of Findings: Petitioner's proposal to use high-voltage submersible pumps in boreholes drilled into a sump area of the mine and request to amend granted petition (Docket No. M-90-80-C) considered acceptable alternative method. Granted for the Foidel Creek Mine with conditions. Docket No.: M-95-086-C. FR Notice: 60 FR 29715. Petitioner: Keystone Coal Mining Corporation. Reg Affected: 30 CFR 75.380(d)(3). Summary of Findings: Petitioner's proposal to continue utilizing the passable escapeway as it presently exists for approximately 8 to 9 feet as an alternative to enhancing the height of the overcast area due to geologic conditions of that area of the mine and assertion that application of the standard would result in a diminution of safety to the miners considered acceptable alternative method. Granted for the Emilie No. 1 Mine with conditions for the continued use of the primary escapeway less than seam height over the overcast at three cross cuts inby the belt/track haulage slope. Docket No.: M-95-094-C. FR Notice: 60 FR 39429. Petitioner: Western Mingo Coal Company. 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 air courses considered acceptable alternative method. Granted for the Northern Mingo No. 2 Mine with conditions to allow air coursed through conveyor belt entries to be used to ventilate working places. Docket No.: M-95-095-C. FR Notice: 60 FR 39429. 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 degrees and 230 degrees fahrenheit and with water pressure equal to or greater than 10 psi; to have automatic sprinklers located not more than 10 feet apart in order for the discharge of water to extend over the belt drive, belt take-up, electrical control, and gear reducing unit; and to conduct annual functional tests of each water sprinkler system considered acceptable alternative method. Granted for the 9ab-h4 Mine [[Page 42919]] with conditions for a single overhead pipe sprinkler system. Docket No.: M-95-096-C. FR Notice: 60 FR 39429. Petitioner: Cyprus Cumberland Resources Corporation. Reg Affected: 30 CFR 75.507. Summary of Findings: Petitioner's proposal to use nonpermissible submersible pumps to dewater bleeder sumps or bleeder entries in order to provide unrestricted airflow into the return air shaft or through the return entries and assertion that application of the standard would result in a diminution of safety to the miners considered acceptable alternative method. Granted for the Cumberland Mine with conditions for the use of non-permissible submersible 480-volt pumps located throughout the cumberland mine, including in the area at or near the bottom of the No. 1 bleeder shaft of the No. 32 longwall panel. Docket No.: M-95-097-C. FR Notice: 60 FR 39429. Petitioner: Cyprus Empire Corporation. Reg Affected: 30 CFR 75.1002. Summary of Findings: Petitioner's result to amend item 10 of previously granted petition (Docket No. M-84-263-C) considered acceptable alternative method. Granted for the Eagle No. 5 Mine with conditions. Docket No.: M-95-098-C. FR Notice: 60 FR 39429. Petitioner: Mt. Top Coal Company. Reg Affected: 30 CFR 75.335(a)(1). Summary of Findings: Petitioner's proposal to construct 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 criterion in the 10 psi range; and to permit the water trap to be installed in the gangway and sampling tube in the monkey seal for seals installed in pairs considered acceptable alternative method. Granted for the Mt. Top Coal Company Mine with conditions for seals installed at the mine. Docket No.: M-95-118-C. FR Notice: 60 FR 52217. Petitioner: Consolidation Coal Company. Reg Affected: 30 CFR 75.804(a). Summary of Findings: Petitioner's proposal to use high-voltage cables (4,160-volts) CABLEC/BICC Anaconda Brand, 5kV, 3/C, type SHD+GC; Amercable Tiger Brand, 3/C, 5kV, type SHD-CGC; Pirelli 5kV, 3/C, type SHD-CENTER-GC; or similar 5,000-volt conductor cables with an internal ground check conductor smaller than No. 10 A.W.G. as a part of its longwall mining system considered acceptable alternative method. Granted for the Robinson Run No. 95 Mine with conditions for Consolidated Coal Company's, Robinson Run No. 95 Mine's longwall systems. Docket No.: M-95-120-C. FR Notice: 60 FR 52217. Petitioner: Energy West Mining Company. Reg Affected: 30 CFR 75.804(a). Summary of Findings: Petitioner's request to amend previously granted petition (Docket No. M-94-107-C) to include its new Trail Mountain Mine, an extension of the Cottonwood Mine for use of the Cablec Anaconda Brand 5kV, 3/C, type SHD+GC; Pirelli 5kV, 3/C, type SHD-CENTER-GC; or Tiger Brand 5kV, type SHC-CGC; on high-voltage longwall equipment considered acceptable alternative method. Granted for the Deer Creek Mine with conditions for Energy West Mining Company's, Deer Creek and Trail Mountain Mine's longwall systems. Docket No.: M-95-121-C. FR Notice: 60 FR 52217. Petitioner: Energy West Mining Company. Reg Affected: 30 CFR 75.1100-2(e)(2). Summary of Findings: Petitioner's requests to amend previously granted petition (Docket No. M-94-92-C) to include its new Trail Mountain Mine for the use of fire extinguishers instead of rock dust at temporary electrical installations considered acceptable alternative method. Granted for the Deer Creek Mine, Cottonwood Mine and Trail Mountain Mine. Docket No.: M-95-131-C. FR Notice: 60 FR 52219. Petitioner: Performance Coal Company. Reg Affected: 30 CFR 75.1002. Summary of Findings: Petitioner's proposal to use high-voltage (4,160 volts) cables to power longwall equipment considered acceptable alternative method. Granted for the Upper Big Branch South Mine with conditions for the 4,160-volt longwall equipment. Docket No.: M-95-138-C. FR Notice: 60 FR 54391. Petitioner: McElroy Coal Company. Reg Affected: 30 CFR 75.1002. Summary of Findings: Petitioner's proposal to use high-voltage (4,160 volts) cables in by the last open crosscut to supply power to longwall mining equipment considered acceptable alternative method. Granted for the McElroy Mine with conditions for the 4,160-volt longwall equipment. Docket No.: M-95-153-C. FR Notice: 60 FR 57024. Petitioner: Twentymile Coal Company. Reg Affected: 30 CFR 75.804(a). Summary of Findings: Petitioner's request to amend previously granted petition (Docket No. M-92-55-C), to use high-voltage (2400 and 4160-volts) cables made by any manufacturer instead of one manufacturer, type Tiger Brand SHD-CGC, Pirelli SHD-Center-GC, and Cablec SHD + GC Cables, or any cable manufactured to ICEA specification S-75-381 for type SHD-3 conductor cable that is 5000 volt MSHA-accepted flame-resistant cable, with a ground-check wire that is 16 A.W.G minimum for its longwall systems considered acceptable alternative method. Granted for the Foidel Creek Mine with conditions for Twentymile Coal Company, Foidel Creek Mine's longwall systems. [FR Doc. 96-21021 Filed 8-16-96; 8:45 am] BILLING CODE 4510-43-P