[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]


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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. 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