[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Pages 63393-63400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31154]


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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 CONTACT: 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: November 20, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-97-011-C.
    FR Notice: 62 FR 11927.
    Petitioner: Consol Pennsylvania Coal Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to permit the maximum 
lengths of the loading machine, roof bolter, and section ventilation 
fan trailing cables supplying equipment from 480-volt alternating 
current systems to be increased to 800 feet considered acceptable 
alternative method. Granted for the Bailey Mine with conditions for the 
extended length, 480-volt, three-phase alternating current trailing 
cables, used to develop the three and four entry longwall development 
panels and the eleven-entry mains at the Bailey Mine.

    Docket No.: M-97-014-C.
    FR Notice: 62 FR 11927.
    Petitioner: Genwal Resources, 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 for the Crandall Canyon Mine with conditions.

    Docket No.: M-97-039-C.
    FR Notice: 62 FR 23799.
    Petitioner: Spruce Fork Coal Company, Inc.

[[Page 63394]]

    Reg Affected: 30 CFR 75.503(b)(2).
    Summary of Findings: Petitioner's proposal to use a spring loaded 
locking device, instead of padlocks to secure battery plugs to machine 
mounted receptacles, that would prevent the threaded lock on a plug 
from turning and becoming loose unintentionally considered acceptable 
alternative method. Granted for the Spruce Fork Mine No. 1 with 
conditions for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs.

    Docket No.: M-97-041.
    FR Notice: 62 FR 29370.
    Petitioner: Pine Ridge Coal Company.
    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 with a 
threaded ring and a spring loaded device to prevent the plug connector 
from accidently disengaging while under load considered acceptable 
alternative method. Granted for the Robin Hood No. 9 Mine with 
conditions for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs.

    Docket No.: M-97-043-C.
    FR Notice: 62 FR 29371.
    Petitioner: Peabody Coal Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to attach a spring-
loaded plug interlock to the plug receptacle which is permanently 
attached to the battery case, and in addition the spring-loaded plug 
interlock has been designed so that when the battery plugs are secured 
and the spring-loaded interlock released, the threaded ring securing 
the battery plugs cannot become loose considered acceptable alternative 
method. Granted for the Marissa Mine with conditions for the use of 
permanently installed spring-loaded locking devices in lieu of padlocks 
on battery plugs.

    Docket No.: M-97-055-C.
    FR Notice: 62 FR 29372.
    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 with a 
threaded ring and a spring loaded device to prevent the plug connector 
from accidently disengaging while under load; and to instruct all 
persons on the requirements for operating or maintaining battery-
powered machines considered acceptable alternative method. Granted for 
the Deep Mine No. 4 with conditions for the use of permanently 
installed spring-loaded locking devices in lieu of padlocks on battery 
plugs.

    Docket No.: M-96-002-C.
    FR Notice: 61 FR 13882.
    Petitioner: Ohio County 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 considered 
acceptable alternative method. Granted for the Freedom Mine with 
conditions for the diesel powered generator located in the Freedom 
Mine.

    Docket No.: M-96-007-C.
    FR Notice: 61 FR 13883.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(4).
    Summary of Findings: Petitioner's proposal to establish a 
checkpoint and make a weekly examination where an extended probe would 
be used to examine the No. 3 Seal for methane and a smoke tube would be 
used to verify the direction of air flow; to have the person making the 
examination and tests record their initials, date and time in a record 
book which would be kept on the surface and made available for 
inspection by interested parties; and to maintain the checkpoint and 
all approaches to the checkpoint in safe condition at all times 
considered acceptable alternative method. Granted for the Shoemaker 
Mine with conditions for weekly examinations of the No. 3 seal which 
has been rendered inaccessible and hidden from full visibility by 
fallen roof material and entry deterioration near Browns Run Shaft at a 
safe location, 20 feet outby the seal.

    Docket No.: M-96-009-C.
    FR Notice: 61 FR 13883.
    Petitioner: Peabody Coal Company.
    Reg Affected: 75.1100-2(b).
    Summary of Findings: Petitioner's proposal to install firehouse 
outlets with valves in the longwall gate entries every fourth cross-cut 
at intervals of approximately 440 feet instead of at intervals of 300 
feet considered acceptable alternative method. Granted for the Camp No. 
11 Mine with conditions for the increased interval between fire hose 
outlets on the water line installed alongside belt conveyors or in 
entries adjacent to belt conveyors.

    Docket No.: M-96-010-C.
    FR Notice: 61 FR 13883.
    Petitioner: Monterey Coal Company.
    Reg Affected: 30 CFR 75.1100-2(i)(1).
    Summary of Findings: Petitioner's proposal to use the following 
emergency materials instead of emergency materials required by the 
mandatory safety standard: 112 Kennedy Metal Shopping Panels with 
associated head sills and twist clamps; 24 Kennedy Stopping Rib Angles; 
3 rolls of tape; 3 twist tools; 2 rolls of brattice cloth; 3 stopping 
jacks; 3 picks; 3 shovels; 9 buckets of Celtite 10-12 (or equivalent 
material for stopping); and 5 tons of rock dust considered acceptable 
alternative method. Granted for the No. 1 Mine with conditions for 
emergency materials readily available at locations not exceeding 2 
miles from each working section.

    Docket No.: M-96-011-C.
    FR Notice: 61 FR 13883.
    Petitioner: Peabody Coal Company.
    Reg Affected: 30 CFR 77.1304(a).
    Summary of Findings: Petitioner's proposal to use waste petroleum-
based lubrication oil recycled from equipment used at its mine for 
blending with diesel fuel oil to create ammonium nitrate/fuel oil 
(ANFO) for use as a blasting agent considered acceptable alternative 
method. Granted for the Hawthorn Mine with conditions for the 
collection, processing, and use of petroleum-based used oils, for 
blending with No. 2 diesel fuel (fuel oil), to sensitize ammonium 
nitrate prill, and the temporary storage and use of the resulting 
blasting agent (ANFO).

    Docket No.: M-96-014-C.
    FR Notice: 61 FR 17733.
    Petitioner: Tennessee Energy Corporation.
    Reg Affected: 30 CFR 75.1405.
    Summary of Findings: Petitioner's proposal to use a 9-foot steel 
tongue with a hole on each end aligned with existing holes in the frame 
of the motor and flatcar and secured with a pin, to couple the motor to 
the flatcar instead of using automatic couplers considered acceptable 
alternative method. Granted for Mine No. 43 with conditions.

    Docket No.: M-96-024-C.
    FR Notice: 61 FR 20543.
    Petitioner: West End Coal Company, Deep Mine.
    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 Last Chance Slope Mine with 
conditions for annual revisions and supplements of the mine map.

    Docket No.: M-96-025-C.
    FR Notice: 61 FR 20543.
    Petitioner: West End Coal Company, Deep Mine.
    Reg Affected: 30 CFR 75.1200(d) & (i).
    Summary of Findings: Petitioner's proposal to use cross-sections 
instead of contour lines through the intake slope,

[[Page 63395]]

at locations of rock tunnel connections between veins, and at 1,000-
foot intervals of advance from the intake slope and to limit the 
required mapping of the mine workings above and below to those present 
within 100 feet of the veins being mined except when veins are 
interconnected to other veins beyond the 100-foot limit through rock 
tunnel considered acceptable alternative method. Granted for the Last 
Chance 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-96-027-C.
    FR Notice: 61 FR 20543.
    Petitioner: West End Coal Company, Deep Mine.
    Reg Affected: 30 CFR 75.360.
    Summary of Findings: Petitioner's proposal to visually examine each 
seal for physical damage from the slope gunboat during the preshift 
examination after an air quantity reading is taken inby the intake 
portal and to test for the quantity and quality of air at the intake 
air split locations off the slope in the gangway portion of the working 
section, and to physically examine the entire length of the slope once 
a month considered acceptable alternative method. Granted for the Last 
Chance Slope Mine with conditions for examinations of seals (conducted 
from the gunboat) in the intake air haulage slope of this mine.

    Docket No.: M-96-028-C.
    FR Notice: 61 FR 20543.
    Petitioner: West End Coal Company, Deep Mine.
    Reg Affected: 30 CFR 75.335.
    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 Last Chance 
Slope Mine with conditions for seals installed in this mine.

    Docket No.: M-96-029-C.
    FR Notice: 61 FR 20544.
    Petitioner: West End Coal Company, Deep Mine.
    Reg Affected: 30 CFR 75.1100.
    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 Last Chance Slope Mine 
with conditions for firefighting equipment in the working section.

    Docket No.: M-96-031-C.
    FR Notice: 61 FR 20544.
    Petitioner: Eighty-Four Mining Company.
    Reg Affected: 30 CFR 75.1100-2(e).
    Summary of Findings: Petitioner's proposal to use two portable fire 
extinguishers or one portable fire extinguisher with twice the required 
capacity at each temporary electrical installation instead of using one 
fire extinguisher and rock dust at temporary electrical installations 
considered acceptable alternative method. Granted for Mine 84 with 
conditions for the temporary electrical installations provided the 
Petitioner maintains two portable fire extinguishers having at least 
the minimum capacity specified for a portable fire extinguisher in 30 
CFR 75.1100-1(e) at each of the temporary electrical installations.

    Docket No.: M-96-036-C.
    FR Notice: 61 FR 33140.
    Petitioner: Kade Coal Company, Inc.
    Reg Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal to cover several entries 
at each abandoned mine opening with coarse refuse material during 
construction of a refuse fill considered acceptable alternative method. 
Granted for Mine No. 2 with conditions.

    Docket No.: M-96-044-C.
    FR Notice: 61 FR 33141.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal to establish two check 
points, one inby and one outby the affected area; to maintain these 
check points in a safe condition at all times; to have a certified 
person test for methane and the quantity of air on a weekly basis at 
both check points; and to have the person making such examinations 
record the results with their initials and date in a record book kept 
on the surface and made accessible to interested parties considered 
acceptable alternative method. Granted for the Loveridge No. 22 Mine 
with conditions for the ``unsafe to travel'' 60-foot segment of the 
intake aircourse which has ventilated the battery charging station (old 
inside shop) near Sugar Run Shaft.

    Docket No.: M-96-045-C.
    FR Notice: 61 FR 33141.
    Petitioner: Elk Run Coal Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking devices to secure battery plugs on 
mobile equipment instead of padlocks to maintain equipment in 
permissible condition in accordance with 30 CFR 18.41 considered 
acceptable alternative method. Granted for the Castle Mine; Bishop No. 
2 Mine; Black King No. 1/North Portal Mine; White Knight Mine; Laurel 
Eagle Mine; Laurel Alma Mine; and Black King No. 1 Mine with conditions 
for the use of permanently installed spring-loaded locking devices in 
lieu of padlocks on battery plugs.

    Docket No.: M-96-047-C.
    FR Notice: 61 FR 38785.
    Petitioner: Pilgrim Mining Company, Inc.
    Reg Affected: 30 CFR 75.901.
    Summary of Findings: Petitioner's proposal to allow the use of a 
150 KW diesel generator set, Serial Number 94-E5913 considered 
acceptable alternative method. At the request of the petitioner, 
previous MSHA docket numbers M-96-048-C through M-96-051-C were 
withdrawn and M-96-047-C was modified to include the mines covered by 
these petitions. Granted for the Pegasus Mine, 1-C Mine, White Cabin 
No. 1 Mine, White Cabin No. 2 Mine, Pilgrim Mine No. 3, and Voyager 
Mine No. 2 with conditions for the 480-volt, three-phase, 150 KW diesel 
powered generator set.

    Docket No.: M-96-052-C.
    FR Notice: 61 FR 38786.
    Petitioner: Martin County Coal Corporation.
    Reg Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal to allow the use of a 
100 KW diesel generator set, Serial Number 94-E5260 considered 
acceptable alternative method. At the request of the petitioner, 
previous MSHA docket numbers M-96-053-C through M-96-056-C were 
withdrawn and M-96-052-C was modified to include the mines covered by 
these petitions. Granted for the Pegasus Mine, 1-C Mine, White Cabin 
No. 1 Mine, White Cabin No. 2 Mine, Pilgrim Mine No. 3, and Voyager 
conditions for the 480-volt, three-phase, 150-KW diesel powered 
generator set.

    Docket No.: M-96-058-C.
    FR Notice: 61 FR 38786.
    Petitioner: Windsor Coal Company.
    Reg Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal to clean out and plug 
oil and gas wells using specific techniques and procedures as outlined 
in the petition and to mine through the plugged oil or gas well 
considered acceptable alternative method. Granted for the Windsor Mine 
with conditions for mining through plugged oil or gas wells

[[Page 63396]]

penetrating the Pittsburgh No. 8 Coal Seam.

    Docket No.: M-96-063-C.
    FR Notice: 61 FR 38787.
    Petitioner: Enlow Fork Mining Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to increase the maximum 
length of the loading machine, shuttle car, roof bolter, and section 
ventilation fan trailing cables to 900 feet while developing four-entry 
longwall panels; to provide training before alternative method is 
implemented to all miners designated to examine the integrity of seals 
and verify the short-circuit settings and proper procedures for 
examining trailing cables for damage considered acceptable alternative 
method. Granted for the Enlow Fork Mine with conditions.

    Docket No.: M-96-065-C.
    FR Notice: 61 FR 38787.
    Petitioner: West Cameron Mining.
    Reg Affected: 30 CFR 75.1200(d) & (i).
    Summary of Findings: Petitioner's proposal to use cross-sections 
instead of contour connections between veins, and at 1,000-foot 
intervals of advance from the intake slope and to limit the required 
mapping of the mine workings above and below to those present within 
100 feet of the veins being mined except when veins are interconnected 
to other veins beyond the 100-foot limit through rock tunnel considered 
acceptable alternative method. Granted for the Lenig Tunnel 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-96-066-C.
    FR Notice: 61 FR 38787.
    Petitioner: West Cameron Mining.
    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 Lenig Tunnel Mine with conditions 
for annual revisions and supplements of the mine map.

    Docket No.: M-96-067-C.
    FR Notice: 61 FR 38787.
    Petitioner: West Cameron Mining.
    Reg Affected: 30 CFR 75.1405.
    Summary of Findings: Petitioner's proposal to use bar and pin or 
link and pin couplers on its underground haulage equipment considered 
acceptable alternative method. Granted for the Lenig Tunnel Mine with 
conditions.

    Docket No.: M-96-069-C.
    FR Notice: 61 FR 38788.
    Petitioner: Cyprus Emerald Resources Corporation.
    Reg Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal to use a non-permissible 
pump in the longwall bleeder pump located near the No. 3 Bleeder shaft, 
No. 6 Return shaft, and all future and/or bleeder shafts as they are 
developed considered acceptable alternative method. Granted for the 
Emerald No. 1 Mine with conditions for a submersible pump installed in 
the No. 3 bleeder shaft.

    Docket No.: M-96-070-C.
    FR Notice: 61 FR 38788.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.804(a).
    Summary of Findings: Petitioner's proposal to use high-voltage 
cable 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 Loveridge No. 22 Mine's longwall 
system with conditions.

    Docket No.: M-96-071-C.
    FR Notice: 61 FR 38788.
    Petitioner: Genwal Resources, Inc.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to use belt haulage 
entries as intake air courses to ventilate active working places and 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 
Crandall Canyon Mine with conditions for use of belt air in two-entry 
mining systems.

    Docket No.: M-96-072-C.
    FR Notice: 61 FR 47192.
    Petitioner: Old Ben Coal Company.
    Reg Affected: 30 CFR 75.382(a).
    Summary of Findings: Petitioner's proposal to continue using its 
existing escape facilities in both the material and belt slopes 
considered acceptable alternative method. Granted for the Spartan Mine 
with conditions for the slope conveyor belt, operated as a mechanical 
escape facility in the mine's return air alternative escapeway.

    Docket No.: M-96-073-C.
    FR Notice: 61 FR 47192.
    Petitioner: Left Fork Mining, Inc.
    Reg Affected: 30 CFR 75.1103-4(a).
    Summary of Findings: Petitioner's proposal to use one carbon 
monoxide monitoring device for monitoring a belt head and tailpiece 
when located adjacent to each other considered acceptable alternative 
method. Granted for the Straight Creek No. 1 Mine with conditions for 
the use of a carbon monoxide monitoring system that identifies the 
location of sensors in lieu of identifying belt flights.

    Docket No.: M-96-074-C.
    FR Notice: 61 FR 47192.
    Petitioner: Boone Resources, Inc.
    Reg Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal to clean out and plug 
oil and gas wells using specific techniques and procedures as outlined 
in the petition and to mine through the plugged oil or gas well 
considered acceptable alternative method. Granted for the Boone No. 1 
Mine with conditions for plugging of gas wells and the mining-through 
of plugged gas wells.

    Docket No.: M-96-088-C.
    FR Notice: 61 FR 47193.
    Petitioner: Stephen Shingara Jr. 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 an 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-96-089-C.
    FR Notice: 61 FR 47194.
    Petitioner: Mountain Coal Company.
    Reg Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: Petitioner's proposal to use two portable fire 
extinguishers or one portable fire extinguisher with twice the required 
capacity at each temporary electrical installation instead of using one 
fire extinguisher and rock dust at temporary electrical installations 
considered acceptable alternative method. Granted for the West Elk Mine 
with conditions for the temporary electrical installations, provided 
the Petitioner maintains two portable fire extinguishers having at 
least the minimum capacity specified for a portable fire extinguisher 
in 30 CFR 75.1100-1(e) at each of the temporary electrical 
installations.

    Docket No.: M-96-102-C.
    FR Notice: 61 FR 57458.
    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

[[Page 63397]]

actuation temperatures between 200 degrees and 250 degrees fahrenheit 
and with water pressure equal to or greater than 10 psi, 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 Mill Creek E-3 Mine with conditions 
for a single overhead pipe sprinkler system.

    Docket No.: M-96-106-C.
    FR Notice: 61 FR 57459.
    Petitioner: S & M Coal Company.
    Reg Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal to use nonpermissible 
electric equipment within 150 feet of the pillar line and to suspend 
equipment operation anytime methane concentration at the equipment 
reaches 0.5 percent, either during operation or during a pre-shift 
examination considered acceptable alternative method. Granted for the 
Buck Mountain Slope Mine with conditions for the use of non-permissible 
electric drags and associated non-permissible electric components 
located within 150 feet from pillar workings.

    Docket No.: M-96-108-C.
    FR Notice: 61 FR 57459.
    Petitioner: Maple Creek Mining, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use longwall panels 
with a maximum width not to exceed 1,000 feet and a maximum length not 
to exceed 14,000 feet considered acceptable alternative method. Granted 
for the Maple Creek Mine with conditions for the high-voltage equipment 
located in the Maple Creek Mine.

    Docket No.: M-96-140-C.
    FR Notice: 61 FR 64374.
    Petitioner: Drummond Company, Inc.
    Reg Affected: 30 CFR 75.1100-2(e).
    Summary of Findings: Petitioner's proposal to use two portable fire 
extinguishers at each temporary electrical installation instead of 
using one fire extinguisher and 240 pounds of rock dust at each 
electrical installation considered acceptable alternative method. 
Granted for the Shoal Creek Mine with conditions for the temporary 
electrical installations.

    Docket No.: M-96-143-C.
    FR Notice: 62 FR 421.
    Petitioner: Minton Hickory Coal Company.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two five 
pound or one ten pound portable fire extinguisher in the operator deck 
of each Mescher Tractor operated at the mine; to have the fire 
extinguisher readily accessible to the operator; and to have the 
equipment operator inspect each fire extinguisher daily prior to 
entering the escapeway considered acceptable alternative method. 
Granted for the Mine No. 9 with conditions for Mescher three wheel 
tractors to be operated in the primary intake escapeway.

    Docket No.: M-96-144-C.
    FR Notice: 62 FR 421.
    Petitioner: Minton Hickory Coal Company.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen detectors instead of machine mounted 
methane monitoring systems on permissible three-wheel tractors with 
drag bottom buckets considered acceptable alternative method. Granted 
for Mine No. 9 with conditions for the Mescher permissible three-wheel 
battery-powered tractors used to load coal.

    Docket No.: M-96-145-C.
    FR Notice: 62 FR 421.
    Petitioner: F-M Coal Company.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen detectors instead of machine mounted 
methane monitoring systems on permissible three-wheel tractors with 
drag bottom buckets considered acceptable alternative method. Granted 
for Mine No. 2 with conditions for the Mescher permissible three-wheel 
battery-powered tractors used to load coal.

    Docket No.: M-96-147-C.
    FR Notice: 62 FR 421.
    Petitioner: Old Ben Coal Company.
    Reg Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal to use contractors 
capable of dropping out at 40-60 percent the voltage loss on belt 
starting equipment in the Mine's New Main East and New Main South 
Development areas instead of using undervoltage release breakers for 
undervoltage protection considered acceptable alternative method. 
Granted for the Ziegler No. 11 Mine with conditions.

    Docket No.: M-96-148-C.
    FR Notice: 62 FR 421.
    Petitioner: Jim Walter Resources, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to provide the high-
voltage circuit from the longwall power center to the longwall 
controller with short circuit protection set at not more than 2,500 
amperes or the value of current indicated in the Longwall Approval Plan 
and to permit a time delay of not more than 0.25 second for 
coordination with downstream short-circuit protection devices or the 
time delay specified in the Longwall Approval Plan considered 
acceptable alternative method. Granted for the No. 7 Mine with 
conditions.

    Docket No.: M-96-149-C.
    FR Notice: 62 FR 421.
    Petitioner: Eighty-Four Mining Company.
    Reg Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal to use non-permissible 
submersible pumps to dewater a pump in which it is installed; to 
operate the pumps on a 480-volt three-phase alternating-current 
electrical power circuit with power supplied from a resistor grounded 
wye transformer; and to protect the pumps with a line power ground 
fault, pilot combination unit considered acceptable alternative method. 
Granted for the Mine No. 84 with conditions for a submersible pump 
installed in return shafts or boreholes in Mine 84.

    Docket No.: M-96-152-C.
    FR Notice: 62 FR 422.
    Petitioner: Road Fork Development Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking device to secure battery plugs on 
mobile equipment to prevent unintentional loosening of the battery 
plugs from battery receptacles and to eliminate the hazards associated 
with difficult removal of padlocks during emergency situations 
considered acceptable alternative method. Granted for the Extra Energy 
Company Mine, the Burnwell Energy Mine, the Pegs Branch Mine, and the 
Calloway Mine with conditions for the use of permanently installed 
spring-loaded locking devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-165-C.
    FR Notice: 62 FR 423.
    Petitioner: Bar-K, Inc.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use a threaded ring 
and a spring loaded device on battery plug connectors on mobile 
battery-powered machines used inby the last open cross-cut to prevent 
the plug connector from accidently disengaging while under load instead 
of using a padlock considered acceptable alternative method. Granted 
for the Camp Creek No. 1 Mine and the Sugar Tree No. 1 Mine with 
conditions for the use of permanently installed spring-locked locking 
devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-196-C.
    FR Notice: 62 FR 4334.
    Petitioner: Freedom Energy Mining Company.

[[Page 63398]]

    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking device to secure battery plugs on 
mobile equipment to prevent unintentional loosening of the battery 
plugs from battery receptacles and to eliminate the hazards associated 
with difficult removal of padlocks during emergency situations 
considered acceptable alternative method. Granted for the No. 1 Mine 
with conditions for the use of permanently installed spring-locked 
locking devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-197-C.
    FR Notice: 62 FR 4335.
    Petitioner: Rockhouse Energy Mining Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking device to secure battery plugs on 
mobile equipment to prevent unintentional loosening of the battery 
plugs from battery receptacles and to eliminate the hazards associated 
with difficult removal of padlocks during emergency situations 
considered acceptable alternative method. Granted for the Rockhouse 
Mine No. 1 with conditions for the use of permanently installed spring-
locked locking devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-198-C.
    FR Notice: 62 FR 4335.
    Petitioner: Solid Energy Mining Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking device to secure battery plugs on 
mobile equipment to prevent unintentional loosening of the battery 
plugs from battery receptacles and to eliminate the hazards associated 
with difficult removal of padlocks during emergency situations 
considered acceptable alternative method. Granted for Mine No. 1 with 
conditions for the use of permanently installed spring-locked locking 
devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-199-C.
    FR Notice: 62 FR 4335.
    Petitioner: Clean Energy Mining Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking device to secure battery plugs on 
mobile equipment to prevent unintentional loosening of the battery 
plugs from battery receptacles and to eliminate the hazards associated 
with difficult removal of padlocks during emergency situations 
considered acceptable alternative method. Granted for Mine No. 1 with 
conditions for the use of permanently installed spring-locked locking 
devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-202-C.
    FR Notice: 62 FR 4335.
    Petitioner: Blue Mountain Energy, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
2,400-volt cables to power longwall mining equipment in the active 
pillar workings, to implement additional safety features, and to train 
all electrical personnel before the alternative method is implemented 
considered acceptable alternative method. Granted for Deserado Mine 
with conditions.

    Docket No.: M-96-208-C.
    FR Notice: 62 FR 11925.
    Petitioner: Brookside Coal Company.
    Reg Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal to use nonpermissible 
electric equipment within 150 feet of the pillar line and to suspend 
equipment operation anytime methane concentration at the equipment 
reaches 0.5 percent, either during operation or during a pre-shift 
examination considered acceptable alternative method. Granted for the 
Diamond Vein Slope Mine with conditions for the use of nonpermissible 
battery-powered locomotives located within 150 feet from pillar 
workings.

    Docket No.: M-95-008-C.
    FR Notice: 60 FR 11680.
    Petitioner: Rothermel 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. 11 Vein 
Slope Mine with conditions for examinations of seals in the intake air 
haulage slope of this mine.

    Docket No.: M-95-009-C.
    FR Notice: 60 FR 11680.
    Petitioner: Rothermel 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. 11 Vein Slope Mine 
with conditions for firefighting equipment in the working section.

    Docket No.: M-95-010-C.
    FR Notice: 60 FR 11680.
    Petitioner: Rothermel Coal Company.
    Reg Affected: 30 CFR 75.1200(d) & (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-foot intervals of 
advance from the intake slope and to limit the required mapping of the 
mine workings above and below to those present within 100 feet of the 
veins being mined except when veins are interconnected to other veins 
beyond the 100-foot limit through rock tunnels considered acceptable 
alternative method. Granted for the No. 11 Vein Slope Mine with 
conditions for 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-95-011-C.
    FR Notice: 60 FR 11680.
    Petitioner: Rothermel Coal 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. 11 Vein Slope Mine with 
conditions for annual revisions and supplements of the mine map.

    Docket No.: M-95-116-C.
    FR Notice: 60 FR 52217.
    Petitioner: Amax Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish evaluation 
points at crosscut #76 at the 3 South/4 East connection to monitor the 
air entering the Old 3 South/4 East and 5 East from the 3 South /4 East 
connection point and the Main South, and at crosscut #186 and #196 in 
the Main South to monitor the air exiting the area; to have a certified 
person test for methane and the quantity of air at each station on a 
weekly basis and to record their initials, date, time, and results of 
the examinations in a book kept on the surface and available to 
inspection by interested persons considered acceptable alternative 
method. Granted for the Wabash Mine with conditions for continuous 
monitoring using intrinsically safe sensors installed through 
appropriate electrical barriers of an Atmospheric Monitoring System 
(AMS) and weekly evaluation of portions of the air entering and leaving 
the dual sets of return entries of 5 East and 3 South/4 East return 
aircourse.

    Docket No.: M-95-156-C.

[[Page 63399]]

    FR Notice: 60 FR 57025 and 60 FR 64079.
    Petitioner: Amax Coal Company and Clipmate Corporation.
    Reg Affected: 30 CFR 77.1303(y)(1).
    Summary of Findings: Petitioner's proposal to use a protected 
Rozdet open circuit detonator system at its Chinook Mine instead of 
shunted electrical detonators; to package and store the detonator at 
the mine in accordance with the U.S. Department of Transportation 
Report, Reference Number EX-9309092; and to provide instructions in 
each Rozdet package on the proper use of the Rozdet considered 
acceptable alternative method. Granted for the Chinook Mine with 
conditions for the use of protected open circuit detonators.

    Docket No.: M-95-166-C.
    FR Notice: 60 FR 64080.
    Petitioner: Cyprus Plateau Mining Corporation.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to use belt entry in its 
longwall development entries as a return entry during longwall 
development and to use the belt entry as an intake entry during 
longwall retreat mining and in some mains during and after development; 
and to install carbon monoxide detectors as an early warning fire 
detection system in the longwall panel intake escapeway entry and the 
panel belt entry used as a return air course considered acceptable 
alternative method. Granted for the Willow Creek Mine with conditions 
for use of belt air in two-entry mining systems.

    Docket No.: M-95-168-C.
    FR Notice: 60 FR 64081.
    Petitioner: Cyprus Plateau Mining Corporation.
    Reg Affected: 30 CFR 75.352.
    Summary of Findings: Petitioner's proposal to use the belt entry in 
its longwall development entries as a return entry during longwall 
development; and to install carbon monoxide detectors as an early 
warning fire detection system in the longwall panel intake escapeway 
entry and the panel belt entry used as a return air course considered 
acceptable alternative method. Granted for the Willow Creek Mine with 
conditions for use of a conveyor belt in a return air course during 
development of a two-entry mining system.

    Docket No.: M-95-169-C.
    FR Notice: 61 FR 8304.
    Petitioner: Mackie J. Coal Company, Inc.
    Reg Affected: 30 CFR 75.1710-1.
    Summary of Findings: Petitioner's proposal to use self-propelled 
electric face equipment without cabs or canopies in mining heights of 
48 inches or less considered acceptable alternative method. Granted for 
the Mine No. 4 with conditions for the two Fletcher and Lee Norse roof 
bolting machines, three Joy center drive shuttle cars, one Joy 
continuous mining machine, and two S & S scoops, in mining heights less 
than 48 inches.

    Docket No.: M-95-173-C.
    FR Notice: 61 FR 8305.
    Petitioner: Genwal Resources, Inc.
    Reg Affected: 30 CFR 75.352.
    Summary of Findings: Petitioner's proposal to use belt air in a 
two-entry mining system and to install a low-level carbon monoxide 
detection system as an early warning fire detection system in the 
intake escapeway entry and the belt entry considered acceptable 
alternative method. Granted for the Crandall Canyon Mine with 
conditions for use of the conveyor belt in a return aircourse during 
development of a two-entry mining system.

    Docket No.: M-95-175-C.
    FR Notice: 61 FR 8305.
    Petitioner: Philippi Development, Inc.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to increase the maximum 
length of its trailing cables to 900 feet for supplying power to 
shuttle cars, roof bolters and mobile roof supports considered 
acceptable alternative method. Granted for the Sentinel Mine with 
conditions for shuttle cars, roof bolters and mobile roof supports used 
in the Sentinel mine.

    Docket No.: M-95-177-C.
    FR Notice: 61 FR 8305.
    Petitioner: McElroy Coal Company.
    Reg Affected: 30 CFR 75.804(a).
    Summary of Findings: Petitioner's proposal to use a high-voltage 
cable with an internal ground check conductor smaller than No. 10 
(A.W.G.) as part of its 4,160-volt longwall mining system considered 
acceptable alternative method. Granted for the McElroy Mine with 
conditions for McElroy Coal Company's, McElroy Mine's longwall system.

    Docket No.: M-95-181-C.
    FR Notice: 61 FR 8306.
    Petitioner: Philippi Development, Inc.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to install carbon 
monoxide detectors as an early warning fire detection system in all 
belt entries used as intake air courses considered acceptable 
alternative method. Granted for the Sentinel Mine with conditions to 
allow air coursed through conveyor belt entries to be used to ventilate 
working places.

    Docket No.: M-94-043-C.
    FR Notice: 59 FR 24728.
    Petitioner: Little Rock Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
    Summary of Findings: Petitioner's proposal to examine the intake 
haulage slope and primary escapeway from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
to travel and thoroughly examine these areas for hazardous conditions 
less frequently considered acceptable alternative method. Granted for 
the Lykens Valley #1 Vein Slope Mine with conditions for 30 CFR 
75.364(b)(4), to conduct examinations of the seals located along the 
return and bleeder air courses from the ladder on a weekly basis, not 
monthly as proposed by petitioner.

    Docket No.: M-94-048-C.
    FR Notice: 59 FR 24728.
    Petitioner: K & L Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
    Summary of Findings: Petitioner's proposal to examine the intake 
haulage slope and primary escapeway from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
to travel and thoroughly examine these areas for hazardous conditions 
less frequently considered acceptable alternative method. Granted for 
the No. 1 Slope Mine with conditions for 30 CFR 75.364(b)(4), to 
conduct examinations of the seals located along the return and bleeder 
air courses from the ladder on a weekly basis, not monthly as proposed 
by petitioner.

    Docket No.: M-94-074-C.
    FR Notice: 59 FR 35147.
    Petitioner: Chestnut Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
    Summary of Findings: Petitioner's proposal to examine the intake 
haulage slope and primary escapeway from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
to travel and thoroughly examine these areas for hazardous conditions 
less frequently considered acceptable alternative method. Granted for 
the No. 10 Slope Mine with conditions for 30 CFR 75.364(b)(4), to 
conduct examinations of the seals located along the return and bleeder 
air courses from the ladder on a weekly basis, not monthly as proposed 
by petitioner.

    Docket No.: M-94-091-C.
    FR Notice: 59 FR 35149.
    Petitioner: Shadle Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).

[[Page 63400]]

    Summary of Findings: Petitioner's proposal to examine the intake 
haulage slope and primary escapeway from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
to travel and thoroughly examine these areas for hazardous conditions 
less frequently considered acceptable alternative method. Granted for 
the Shadle Slope Mine with conditions for 30 CFR 75.364(b)(4), to 
conduct examinations of the seals located along the return and bleeder 
air courses from the ladder on a weekly basis, not monthly as proposed 
by petitioner.

    Docket No.: M-94-103-C.
    FR Notice: 59 FR 40924.
    Petitioner: H.L. & W. Coal Company.
    Reg Affected: 75.364(b)(1), (4), and (5).
    Summary of Findings: Petitioner's proposal to examine the intake 
haulage slope and primary escapeway from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
to travel and thoroughly examine these areas for hazardous conditions 
less frequently considered acceptable alternative method. Granted for 
the No. 2 Slope Mine with conditions for 30 CFR 75.364(b)(4), to 
conduct examinations of the seals located along the return and bleeder 
air courses from the ladder on a weekly basis, not monthly as proposed 
by petitioner.

    Docket No.: M-93-060-C.
    FR Notice: 58 FR 29640.
    Petitioner: Quarto Mining Company.
    Reg Affected: 30 CFR 75.380(d)(4).
    Summary of Findings: Petitioner's proposal to reroute portions of 
the alternative and primary escapeways; to use the primary escapeway in 
case of an emergency; and if the escapeway is impassible to deenergize 
the longwall machinery and belt haulage while transporting injured 
persons considered acceptable alternative method. Granted for the 
Powhatan No. 4 Mine with conditions for the conveyor belt entry of each 
retreating longwall section.

    Docket No.: M-93-110-C.
    FR Notice: 58 FR 39238.
    Petitioner: Wenrich Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
    Summary of Findings: Petitioner's proposal to examine the intake 
haulage slope and primary escapeway from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
to travel and thoroughly examine these areas for hazardous conditions 
less frequently considered acceptable alternative method. Granted for 
the Buck Mountain Slope Mine with conditions for 30 CFR 75.364(b)(4), 
to conduct examinations of the seals located along the return and 
bleeder air courses from the ladder on a weekly basis, not monthly as 
proposed by petitioner.

    Docket No.: M-93-130-C.
    FR Notice: 58 FR 39240.
    Petitioner: M & S Coal Company.
    Reg Affected: 30 CFR 75.332(b)(1) and (b)(2).
    Summary of Findings: Petitioner's proposal to use air passing 
through inaccessible abandoned workings and additional areas by mixing 
with the air in the intake haulage slope to ventilate the only active 
working section, to ensure air quality by sampling intake air during 
pre-shift and on-shift examinations, and to suspend mine production 
when air quality fails to meet specified criteria considered acceptable 
alternative method. Granted for the Buck Mountain Slope Mine with 
conditions for the quality of air used to ventilate the Buck Mountain 
Slope Mine.

[FR Doc. 97-31154 Filed 11-26-97; 8:45 am]
BILLING CODE 4510-43-P