[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Notices]
[Pages 44927-44936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22534]


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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.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-97-001-C.
    FR Notice: 62 FR 11926.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
(4,160 volt) cables inby the last open crosscut considered acceptable 
alternative method. Granted for the Shoemaker Mine with conditions for 
the 4,160-volt longwall equipment.

    Docket No.: M-97-002-C.
    FR Notice: 62 FR 11926.
    Petitioner: Eastern Associated Coal Corporation.
    Reg Affected: 30 CFR 75.364.
    Summary of Findings: Petitioner's proposal states that a portion of 
the mine has been sealed thus eliminating the need for certain 
checkpoints; that checkpoints 3, 4, 7, and 8 are now

[[Page 44928]]

behind seals and, therefore, are no longer necessary; and that 
checkpoints 5 and 6 that were used to evaluate a return air course from 
2 West Mains will be eliminated due to rehabilitation and ventilation 
changes in the seal project which is now being examined as required 
considered acceptable alternative method. Granted for the Federal No. 2 
Mine with conditions for the monitoring and evaluation of the unsafe-
to-travel segment of the designated return aircourse in Miracle Run 
Shaft Bottom area.

    Docket No.: M-97-003-C.
    FR Notice: 62 FR 11926.
    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 
non-fire resistant belt, with actuation temperatures between 200 and 
230 degrees Fahrenheit and with water pressure equal to or greater than 
10 psi; and to have the sprinklers located not more than 10 feet apart 
so that the discharge of water will extend over the belt drive, belt 
take-up, electrical control, and gear reducing unit considered 
acceptable alternative method. Granted for the Jones Fork 13A-H4 Mine 
with conditions for a single overhead pipe sprinkler system.

    Docket No.: M-97-004.
    FR Notice: 62 FR 11926.
    Petitioner: Marrowbone Development Company.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use 2,400-volt a.c. 
electricity to power continuous mining equipment considered acceptable 
alternative method. Granted for the Big Branch Mine with conditions for 
the 2,400-volt continuous miner.

    Docket No.: M-97-005-C.
    FR Notice: 62 FR 11926.
    Petitioner: Powderhorn Coal Company.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to use belt air 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 Roadside Mine with conditions to 
allow air coursed through conveyor belt entries to be used to ventilate 
working places.

    Docket No.: M-97-006-C.
    FR Notice: 62 FR 11926.
    Petitioner: Philippi Development, Inc.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish an inlet 
evaluation point along with an outlet evaluation point at which every 
seven days a certified person would measure methane and oxygen 
concentrations, air quantity, make tests to determine if the air is 
moving in its proper direction and record the results in a book 
provided on the surface considered acceptable alternative method. 
Granted for the Sentinel Mine with conditions for the evaluation of 
airflow through an approximately 600-foot long, unsafe-to-travel 
segment of common return aircourse entries.

    Docket No.: M-97-007-C.
    FR Notice: 62 FR 11926.
    Petitioner: Laurel Coal Company.
    Reg Affected: 30 CFR 75.503 (18.41(f) of Part 18).
    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 Coalburg 7A Mine with conditions 
for the use of permanently installed spring-loaded locking devices in 
lieu of padlocks on battery plugs.

    Docket No.: M-97-008-C.
    FR Notice: 62 FR 11927.
    Petitioner: Laurel Coal Corporation.
    Reg Affected: 30 CFR 75.503 (18.41(f) of Part 18).
    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 Coalburg 9A Mine with conditions 
for the use of permanently installed spring-loaded locking devices in 
lieu of padlocks on battery plugs.

    Docket No.: M-97-012-C.
    FR Notice: 62 FR 11927.
    Petitioner: Paramont Coal Corporation.
    Reg Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal to backfill the existing 
highwall with scalp rock in an area containing abandoned mine openings 
considered acceptable alternative method. Granted for the Deep Mine No. 
24 Mine with conditions for the modification of 30 CFR 77.214(a).

    Docket No.: M-97-019-C.
    FR Notice: 62 FR 23797.
    Petitioner: C & H Mining Company.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen indicators instead of machine 
mounted methane monitoring systems on permissible three-wheel tractors 
with drag bottom buckets considered acceptable alternative method. 
Granted for the No. 8 Mine with conditions for the Mescher permissible 
three-wheel battery-powered tractors used to load coal.

    Docket No.: M-97-022-C.
    FR Notice: 62 FR 23797.
    Petitioner: Brookside Coal Company.
    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 Diamond Vein Slope Mine 
with conditions.

    Docket No.: M-97-025-C.
    FR Notice: 62 FR 23798.
    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 
non-fire resistant belt, with actuation temperatures between 200 
degrees and 230 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 E3RF 
Mine with conditions for a single overhead pipe sprinkler system.

    Docket No.: M-97-028-C.
    FR Notice: 62 FR 23798.
    Petitioner: Maple Meadow Mining 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 Maple Meadow Mine with conditions 
for the use of permanently installed spring-loaded locking devices in 
lieu of padlocks on battery plugs.

    Docket No.: M-97-033-C.
    FR Notice: 62 FR 23799.
    Petitioner: Peabody Coal Company.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
trailing

[[Page 44929]]

cables (2,400-volt) inby the last open crosscut at the sections where 
continuous miners are working considered acceptable alternative method. 
Granted for the Marissa Mine with conditions for the 2,400-volt 
continuous miner used at the Marissa Mine.

    Docket No.: M-97-036-C.
    FR Notice: 62 FR 23799.
    Petitioner: Long Branch Energy.
    Reg Affected: 30 CFR 75.503(18.41)(f).
    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 No. 22 Mine with conditions for the 
use of permanently installed spring-loaded locking devices in lieu of 
padlocks on battery plugs.

    Docket No.: M-97-040-C.
    FR Notice: 62 FR 29370.
    Petitioner: G & P Contractors, Inc.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen indicators on permissible three-
wheel tractors instead of machine-mounted methane monitors considered 
acceptable alternative method. Granted for Stoney Fork No. 2 Mine with 
conditions for the Mescher permissible three-wheel battery-powered 
tractors used to load coal.

    Docket No.: M-97-050-C.
    FR Notice: 62 FR 29372.
    Petitioner: Canyon Fuel Company, LLC.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
(4,160-volt) cables to supply power to longwall equipment used inby the 
last open crosscut considered acceptable alternative method. Granted 
for the SUFCO Mine with conditions for the 4,160-volt longwall 
equipment.

    Docket No.: M-97-057-C.
    FR Notice: 62 FR 29373.
    Petitioner: Headache Coal Company, Inc.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two 5-pound 
or one 10-pound portable chemical fire extinguisher in the operator's 
deck of each Mescher tractor and to have the fire extinguisher readily 
accessible to the operator; to have the fire extinguisher inspected 
daily by the equipment operator prior to entering the escapeway; to 
have the operator make daily inspections of the fire extinguisher and 
keep the records at the mine site; and to have a sufficient number of 
spare fire extinguishers maintained at the mine in case an extinguisher 
becomes defective considered acceptable alternative method. Granted for 
the Mine No. 7 with conditions for Mescher three wheel tractors to be 
operated in the primary intake escapeway.

    Docket No.: M-97-058-C.
    FR Notice: 62 FR 34311.
    Petitioner: Clark Elkhorn Mining Company.
    Reg Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal to use contactors to 
obtain undervoltage protection instead of using circuits breakers 
considered acceptable alternative method. Granted for the Sunset Mine 
No. 2 Mine with conditions to allow the use of vacuum contactors to 
provide undervoltage, grounded phase, and overload protection and 
monitor the grounding conductors for 480-volt belt conveyor drive 
motors and water pump motors greater than 5 horsepower.

    Docket No.: M-97-059-C.
    FR Notice: 62 FR 34311.
    Petitioner: B & B Anthracite Coal.
    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 considered acceptable alternative method. Granted for the Rock 
Ridge No. 1 Slope Mine with conditions for examinations of seals 
(conducted from the gunboat) in the intake air haulage slope of this 
mine.

    Docket No.: M-97-061-C.
    FR Notice: 62 FR 34311.
    Petitioner: B & B Anthracite Coal.
    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 Rock Ridge Slope with 
conditions for firefighting equipment in the working section.

    Docket No.: M-97-063-C.
    FR Notice: 62 FR 34311.
    Petitioner: Ambrose Branch Coal Company, Inc.
    Reg Affected: 30 CFR 77.214.
    Summary of Findings: Petitioner's proposal to fill seven (7) drift 
openings with refuse material at the abandoned Fleetwood Energy, Inc., 
Mine No. 2 considered acceptable alternative method. Granted for the 
Preparation Plant with conditions for modification of 30 CFR 77.214(a).

    Docket No.: M-97-065-C.
    FR Notice: 62 FR 34313.
    Petitioner: Monterey Coal Company.
    Reg Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal to mine through oil and 
gas wells with the longwall system after they have been properly 
plugged considered acceptable alternative method. Granted for the No. 1 
Mine with conditions for mining through or near plugged oil or gas 
wells penetrating the Illinois No. 6 Coal Seam.

    Docket No.: M-97-066-C.
    FR Notice: 62 FR 34312.
    Petitioner: Turris Coal Company.
    Reg Affected: 30 CFR 75.1100-2(i)(1).
    Summary of Findings: Petitioner's proposal to use the following 
materials at its Elkhart Mine: 160 Kennedy Metal Stopping Panels 32 
Kennedy Stopping Rib Angles; 3 rolls of tape; 3 twist tools; 2 rolls of 
brattice cloth; 3 stopping jacks; 3 dutch heads; 3 shovels; 12 buckets 
of Celtite 10-12 Airtite (or equivalent material for stopping); and 5 
tons of rock dust considered acceptable alternative method. Granted for 
the Elkhart Mine with conditions for emergency materials readily 
available at locations not exceeding 2 miles from each working section.

    Docket No.: M-97-068-C.
    FR Notice: 62 FR 34312.
    Petitioner: Drummond Company, Inc.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's request for an amendment to the 
final Decision and Order dated April 1, 1995 was granted for the Shoal 
Creek Mine with conditions for the use of belt air to ventilate active 
workings.

    Docket No.: M-97-080-C.
    FR Notice: 62 FR 38124.
    Petitioner: Little Buck Coal Company.
    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 No. 3 Slope Buck Mt. 
Vein with conditions for firefighting equipment in the working section.

    Docket No.: M-97-088-C.
    FR Notice: 62 FR 44723.
    Petitioner: Eastern Associated Coal Corporation.
    Reg Affected: 30 CFR 75.380(g).
    Summary of Findings: Petitioner's proposal to change the longwall 
panel

[[Page 44930]]

development to a three-entry system considered acceptable alternative 
method. Granted for the Federal No. 2 Mine with conditions for the use 
of trolley track haulage entries as primary escapeways on longwall 
development panels.

    Docket No.: M-96-015-C.
    FR Notice: 61 FR 17733.
    Petitioner: Roberts Brothers Coal Company.
    Reg Affected: 30 CFR 75.1103-4.
    Summary of Findings: Petitioner's proposal to use two belt flights 
to be monitored by one identification line considered acceptable 
alternative method. Granted for the Cardinal No. 2 Mine with conditions 
to allow the extension of the Pyott--Boone Electronics Inc. point type 
heat sensor fire detection system installed in panels from which rooms 
are driven, to be extended to provide fire detection for a secondary 
in-panel belt conveyor without identifying such as separate belt flight 
during retreat of the panel by room development.

    Docket No.: M-96-018-C.
    FR Notice: 61 FR 17733.
    Petitioner: Eagle Nest, Inc.
    Reg Affected: 30 CFR 75.503(18.41).
    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 have a tag that states ``DO NOT DISENGAGE PLUGS UNDER LOAD'' 
on all battery plug connectors used on the machines; and to provide 
instructions in the safe practices and provisions to all persons who 
are required to operate or maintain the machines considered acceptable 
alternative method. Granted for the Eagle Nest Inc. Mine with 
conditions for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-019-C.
    FR Notice: 61 FR 17733.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal to establish check 
points to monitor methane and to ensure passage of air; to maintain the 
check points in safe condition at all times; to have a certified person 
test for methane and the quantity of air at each check point on a 
weekly basis; and to have the certified person making the examinations 
and tests place their initials, date, and time in a record book kept on 
the surface and made available for inspection by interested persons 
considered acceptable alternative method. Granted for the Robinson Run 
No. 95 Mine with conditions for the ``North Mains'' aircourse 
ventilating eight 1-East seals, two 26-Block seals and six of eighteen 
3-Block seals.

    Docket No.: M-96-040-C.
    FR Notice: 61 FR 33141.
    Petitioner: Pontiki Coal Corporation.
    Reg Affected: 30 CFR 75.388.
    Summary of Findings: Petitioner's proposal to drill boreholes when 
working places advance to within 30 feet of certain surveyed areas in 
the mine unless those areas have been preshift examined considered 
acceptable alternative method. Granted for the Pontiki No. 1 Mine with 
conditions for the use of administration and engineering controls in 
lieu of drilling boreholes when the working place approaches to within 
25 feet of an adjacent panel that cannot be preshift examined.

    Docket No.: M-96-041-C.
    FR Notice: 61 FR 33141.
    Petitioner: Pontiki Coal Corporation.
    Reg Affected: 30 CFR 75.388.
    Summary of Findings: Petitioner's proposal to drill boreholes when 
working places advance to within 30 feet of certain surveyed areas in 
the mine unless those areas have been preshift examined considered 
acceptable alternative method. Granted for the Pontiki No. 1 Mine with 
conditions for the use of administration and engineering controls in 
lieu of drilling boreholes when the working place approaches to within 
25 feet of an adjacent panel that cannot be preshift examined.

    Docket No.: M-96-062-C.
    FR Notice: 61 FR 38787.
    Petitioner: Cyprus Cumberland Resources Corp.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to permit the velocity 
of air in the belt conveyor entries to be increased above 300 feet per 
minute (fpm) considered acceptable alternate method. Granted for the 
Cumberland Mine with conditions to allow air coursed through conveyor 
belt entries to be used to ventilate working places.

    Docket No.: M-96-064-C.
    FR Notice: 61 FR 38787.
    Petitioner: West Cameron Mining.
    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 Lenig Tunnel Mine with 
conditions for firefighting equipment in the working section.

    Docket No.: M-96-075-C.
    FR Notice: 61 FR 47192.
    Petitioner: Cumberland Resources Corporation.
    Reg Affected: 30 CFR 75.1103-4(a).
    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 Cumberland 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-96-092-C.
    FR Notice: 61 FR 47194.
    Petitioner: Eastern Mingo Coal Company.
    Reg Affected: 30 CFR 75.503(18.41)(f).
    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 accidentally disengaging while under load considered acceptable 
alternative method. Granted for the Big Branch Mine with conditions for 
the use of permanently installed spring-loaded locking devices in lieu 
of padlocks on battery plugs.

    Docket No.: M-96-093-C.
    FR Notice: 61 FR 47194.
    Petitioner: Western Mingo Coal Company.
    Reg Affected: 30 CFR 75.503(18.41)(f).
    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 Northern Mingo 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-96-094-C.
    FR Notice: 61 FR 47194.
    Petitioner: Western Mingo Coal Company.
    Reg Affected: 30 CFR 75.503(18.41)(f).
    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

[[Page 44931]]

method. Granted for the Northern Mingo 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-96-097-C.
    FR Notice: 62 FR 47194.
    Petitioner: Arch of Illinois.
    Reg Affected: 30 CFR 75.1107-4(a)(1).
    Summary of Findings: Petitioner's proposal to use an operator/
technician, the Archveyor mining system's Program Logic Controlled 
(PLC) computer, and the continuous monitoring of the Archveyor mining 
system while energized, as a fire suppression device, during secondary 
mining considered acceptable alternative method. Granted for the Conant 
Mine with conditions for the Archveyor Mining System.

    Docket No.: M-96-098-C.
    FR Notice: 61 FR 57458.
    Petitioner: Sidney Coal Company, Inc. and its subsidiaries.
    Reg Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal to use a diesel 
generator to move equipment in and out of its underground mines 
considered acceptable alternative method. Granted for Freedom Energy 
Mine No. 1; Solid Energy Mine No. 1; Clean Energy Mine No. 1; Black 
Diamond Mine no. 1 and Rockhouse Mine Energy No. 1 with conditions for 
the 480-volt, three-phase, 150 KW/187.5 KVA diesel powered generator 
set.

    Docket No.: M-96-104-C.
    FR Notice: 62 FR 420.
    Petitioner: Mountain Coal Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to use 1,100 feet of 2/
0, type SHD-GC cable on continuous miners, 1,000 feet of #2, type GC 
cable on roof bolters, and 1,000 feet of #2, type SHD-GC cable on 
auxiliary face fans considered acceptable alternative method. Granted 
for the West Elk Mine with conditions for the three-phase, 995-volt 
continuous mining machine, 995-volt roof bolting machine, 995-volt 
auxiliary fan, 575-volt roof bolting machine, and 575-volt auxiliary 
fan.

    Docket No.: M-96-105-C.
    FR Notice: 61 FR 57459.
    Petitioner: Little Buck Coal Company.
    Reg Affected: 30 CFR 75.1400.
    Summary of Findings: Petitioner's proposal to permit the use of the 
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 alternative 
method. Granted for the No. 3 Slope Buck Mountain Mine with conditions 
for the use of the gunboat without safety catches.

    Docket No.: M-96-107-C.
    FR Notice: 61 FR 57459.
    Petitioner: Old Ben Coal Company.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to use the split-tail 
system of face ventilation allowing the belt to be blended with the air 
to the faces from the intake entries 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 Ziegler No. 11 Mine with conditions 
to allow air coursed through conveyer belt entries to be used to 
ventilate working places.

    Docket No.: M-96-109-C.
    FR Notice: 61 FR 57459.
    Petitioner: The Ohio Valley Coal Company.
    Reg Affected: 30 CFR 75.364.
    Summary of Findings: Petitioner's proposal to establish evaluation 
stations to monitor the affected area; to have a certified person to: 
(1) test the evaluation stations on a weekly basis to determine the 
volume of air, and methane and oxygen concentrations; and (2) record on 
a date board located at each checkpoint the initials of the examiner 
and the date and time of the examination; and to maintain the air 
measurement stations in a safe and travelable condition considered 
acceptable alternative method. Granted for the Powhatan No. 6 Mine with 
conditions for the unsafe-to-travel aircourses rended inaccessible by 
roof falls and roof deterioration known as MAIN EAST and LOADED SIDE.

    Docket No.: M-96-111-C.
    FR Notice: 61 FR 57459.
    Petitioner: CONSOL of Kentucky, Inc.
    Reg Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal to use a single overhead 
pipe system with \1/2\-inch orifice automatic sprinklers located on 10-
foot centers, to cover 50 feet of fire-resistant belt or 150 feet of 
nonfire-resistant belt, with actuation temperatures between 200 and 230 
degrees Fahrenheit, and with water pressure equal to or greater than 10 
psi and the sprinklers would be located to discharge water over the 
belt drive, belt take-up, electrical control, and gear reducing unit 
considered acceptable alternative method. Granted for the Loves Branch 
H-4 Mine with conditions for a single overhead pipe sprinkler.

    Docket No.: M-96-112-C.
    FR Notice: 61 FR 57459.
    Petitioner: K & M Coal Company, Inc.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen indicators instead of machine 
mounted methane monitors on permissible three-wheel tractors with drag 
type buckets considered acceptable alternative method. Granted for the 
No. 18 Mine with conditions for the Mescher permissible three-wheel 
battery-powered tractors used to load coal.

    Docket No.: M-96-113-C.
    FR Notice: 61 FR 57460.
    Petitioner: Jackstone Coal Company.
    Reg Affected: 30 CFR 75.335(a)(1).
    Summary of Findings: Petitioner's proposal to permit alternative 
methods of construction using wooden materials of moderate size and 
weight due to the difficulty in accessing previously driven headings 
and breasts containing the 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 Buck Mountain Slope with conditions for seals installed 
in this mine.

    Docket No.: M-96-114-C.
    FR Notice: 61 FR 57460.
    Petitioner: Jackstone Coal Company.
    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 considered acceptable alternative method. Granted for the Buck 
Mountain Slope Mine with conditions for examination of seals (conducted 
from the gunboat) in the intake air haulage slope of this mine.

    Docket No.: M-96-116-C.
    FR Notice: 61 FR 57460.
    Petitioner: Jackstone 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 Buck Mountain Slope Mine 
with conditions for firefighting equipment in the working section.

    Docket No.: M-96-117-C.
    FR Notice: 61 FR 57460.
    Petitioner: Jackstone Coal Company.

[[Page 44932]]

    Reg Affected: 30 CFR 75.1200(d) 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-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 Buck Mountain 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-96-118-C.
    FR Notice: 61 FR 57460.
    Petitioner: Jackstone Coal Company.
    Reg Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal to revise and supplement 
mine maps annually instead of every 6 months, as required, and to 
update maps daily by hand notations considered acceptable alternative 
method. Granted for Buck Mountain Slope Mine with conditions for annual 
revisions and supplements of the mine map.

    Docket No.: M-96-122-C.
    FR Notice: 61 FR 57480.
    Petitioner: Keystone Coal Mining Corporation.
    Reg Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal to establish two 
monitoring stations to evaluate the affected area; to post a sign in an 
adjacent travel entry indicating the safe travel route to each 
monitoring station; to have a certified person conduct weekly 
examinations at each monitoring station to measure the quantity and 
quality of air entering or exiting the monitoring station; to post at 
each monitoring station a diagram showing the normal quantity and 
quality of methane, oxygen measurements, and the direction of the air 
flow; to have the examiner record their initials, date and time of 
examinations on a date board provided at the monitoring stations; and 
to record the results of the tests in a weekly examination book kept on 
the surface and made available to all interested parties considered 
acceptable alternative method. Granted for the Urling No. 1 Mine with 
conditions for the evaluation of airflow through an approximately 800-
feet long, unsafe to travel, segment of three common intake aircourse 
entries of the West Extension area.

    Docket No.: M-96-130-C.
    FR Notice: 61 FR 64372.
    Petitioner: Yellow Creek Corporation.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two 5-pound 
or one 10-pound portable chemical fire extinguisher in the operator 
deck of each Mescher Tractor operated at the mine; to have the fire 
extinguisher readily accessible to the operator; to have the equipment 
operator inspect each fire extinguisher daily and keep records of the 
inspections; and to replace the fire extinguisher if found to be 
defective considered acceptable alternative method. Granted for the No. 
2 Mine with conditions for Mescher three wheel tractors to be operated 
in the primary intake escapeway.

    Docket No.: M-96-131-C.
    FR Notice: 61 FR 64373.
    Petitioner: Hut Coal Company, Inc.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two 5-pound 
or one 10-pound portable chemical fire extinguisher in the operator's 
deck of each Mescher tractor operated at the mine; to have the fire 
extinguisher readily accessible to the operator; to have the equipment 
operator inspect each fire extinguisher daily and keep records of the 
inspection; and to replace the fire extinguisher if found to be 
defective considered acceptable alternative method. Granted for the No. 
1 Mine with conditions for Mescher three wheel tractors to be operated 
in the primary intake escapeway.

    Docket No.: M-96-132-C.
    FR Notice: 61 FR 64373.
    Petitioner: Canfield Energy, Inc.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two 5-pound 
or one 10-pound portable chemical fire extinguisher in the operator's 
deck of each Mescher tractor operated at the mine; to have the fire 
extinguisher readily accessible to the operator; to have the equipment 
operator inspect each fire extinguisher daily and keep records of the 
inspections and to maintain a sufficient number of spare fire 
extinguishers at the mine in case a defective fire extinguisher needs 
to be replaced considered acceptable alternative method. Granted for 
the No. 3 Mine with conditions for Mescher three wheel tractors to be 
operated in the primary intake escapeway.

    Docket No.: M-96-133-C.
    FR Notice: 61 FR 64373.
    Petitioner: Summit Anthracite, Inc.
    Reg Affected: 30 CFR 75.340.
    Summary of Findings: Petitioner's proposal to permit battery 
charging of the mine's locomotive during idle periods when all miners 
are out of the mine; and to permit the intake air used to ventilate the 
charging station located at the No. 1 Chute of the active gangway level 
to continue through its normal route to the last open crosscut and into 
the monkey airway (return) considered acceptable alternative method. 
Granted for the Tracey Vein Slope Mine with conditions for an 
underground battery charging station in the intake (gangway) entry.

    Docket No.: M-96-134-C.
    FR Notice: 61 FR 64373.
    Petitioner: Canfield Energy, Inc.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two 5-pound 
or one 10-pound portable chemical fire extinguisher in the operator's 
deck of each Mescher tractor operated at the mine; to have the fire 
extinguisher readily accessible to the operator; to have the equipment 
operator inspect each fire extinguisher daily and keep records of the 
inspections and to maintain a sufficient number of spare fire 
extinguishers at the mine in case a defective fire extinguisher needs 
to be replaced considered acceptable alternative method. Granted for 
the No. 4 Mine with conditions for Mescher three wheel tractors to be 
operated in the primary intake escapeway.

    Docket No.: M-96-146-C.
    FR Notice: 62 FR 421.
    Petitioner: F-M Coal Company.
    Reg Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal to install two 5-pound 
or one 10-pound portable chemical fire extinguisher in the operator's 
deck of each Mescher tractor operated at the mine; to have the fire 
extinguisher readily accessible to the operator; to have the equipment 
operator inspect each fire extinguisher daily and keep records of the 
inspections and to maintain a sufficient number of spare fire 
extinguishers at the mine in case a defective fire extinguisher needs 
to be replaced considered acceptable alternative method. Granted for 
the No. 2 Mine with conditions for Mescher three wheel tractors to be 
operated in the primary intake escapeway.

    Docket No.: M-96-153-C.
    FR Notice: 62 FR 422.
    Petitioner: Boone Resources, Inc.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to use belt air to 
provide ventilation for the sections and possibly a longwall system; 
and to install a carbon monoxide monitoring system as an early warning 
fire detection system in all belt entries used as intake

[[Page 44933]]

aircourses considered acceptable alternative method. Granted for the 
Boone No. 1 Mine with conditions to allow air coursed through conveyor 
belt entries to be used to ventilate working places.

    Docket No.: M-96-155-C.
    FR Notice: 62 FR 422.
    Petitioner: Road Fork Development Company.
    Reg Affected: 30 CFR 75.901.
    Summary of Findings: Petitioner's proposal to use a diesel 
generator to power mobile equipment in and out of the mines considered 
acceptable alternative method. Granted for the Calloway Mine; Pegs 
Branch Mine; Burnwell Energy Mine; and Extra Energy Mine with 
conditions for the 480-volt, three-phase, 150 KW/187.5 KVA diesel 
powered generator set.

    Docket No.: M-96-156-C.
    FR Notice: 62 FR 422.
    Petitioner: Rawl Sales and Processing.
    Reg Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal to use a diesel 
generator to power mobile equipment in and out of the mine considered 
acceptable alternative method. Granted for the Tall Timber Mine with 
conditions for the 480-volt, three-phase, 150 KW/187.5 KVA diesel 
powered generator set.

    Docket No.: M-96-157-C.
    FR Notice: 62 FR 422.
    Petitioner: Crystal Fuels Company.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner' 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 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-96-158-C.
    FR Notice: 62 FR 422
    Petitioner: Vantage 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 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-96-159-C.
    FR Notice: 62 FR 423.
    Petitioner: Rawl Sales and Processing 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 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 Tall Timber 
Mine with conditions for the use of permanently installed, spring-
loaded locking devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-160-C.
    FR Notice: 62 FR 423.
    Petitioner: Sycamore Fuels, Inc.
    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 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-96-161-C.
    FR Notice: 62 FR 423.
    Petitioner: Rawl Sales and Processing 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 Rocky Hollow Mine 
with conditions for the use of permanently installed, spring-loaded 
locking devices in lieu of padlocks on battery plugs.

    Docket No.: M-96-166-C.
    FR Notice: 62 FR 4331.
    Petitioner: D & D Coal Company.
    Reg Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal to permit construction 
of seals using wooden materials of moderate size and weight due to the 
difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings; to accept a design criteria 
in the 10 psi range; and to permit the water trap to be installed in 
the gangway seal and sampling tube in the monkey seal for seals 
installed in pairs considered acceptable alternative method. Granted 
for 7 Foot Drift Mine with conditions for seals installed in this mine.

    Docket No.: M-96-167.
    FR Notice: 62 FR 4331.
    Petitioner: D & D Coal Company.
    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 7 Foot Drift Mine with 
conditions for firefighting equipment in the working section.

    Docket No.: M-96-170-C.
    FR Notice: 62 FR 4331.
    Petitioner: Burnrite Slope 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 Burnrite 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-96-171-C.
    FR Notice: 62 FR 4331.
    Petitioner: Burnrite Slope Coal Company.
    Reg Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's request to revise and supplement 
mine maps annually instead of every 6 months, as required, and to 
update maps daily by hand notations considered acceptable alternative 
method. Granted for the Burnrite Slope Mine with conditions for annual 
revisions and supplements of the mine map.

    Docket No.: M-96-172-C.
    FR Notice: 62 FR 4332.
    Petitioner: Burnrite Slope Coal Company.
    Reg Affected: 30 CFR 75.1400.
    Summary of Findings: Petitioner's proposal to use a slope 
conveyance (gunboat) in transporting persons

[[Page 44934]]

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 
alternative method. Granted for the Burnrite Slope Mine with conditions 
for the use of the gunboat without safety catches.

    Docket No.: M-96-175-C.
    FR Notice: 62 FR 4332.
    Petitioner: Apex Minerals, Inc.
    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 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-96-176-C.
    FR Notice: 62 FR 4332.
    Petitioner: Rawls Sales and Processing Co.
    Reg Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal to use diesel generator 
to power mobile equipment in and out of its mine, considered acceptable 
alternative method. Granted for the Tall Timber Mine with conditions 
for the 480-volt, three-phase, 150 KW/187.5 KVA diesel powered 
generator set.

    Docket No.: M-96-177-C.
    FR Notice: 62 FR 4332.
    Petitioner: Road Fork Development Company.
    Reg Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal to use diesel generator 
to power mobile equipment in and out of the mines, considered 
acceptable alternative method. Granted for the Calloway Mine; Pegs 
Branch Mine; Burnwell Energy Mine; and Extra Energy Mine with 
conditions for the 480-volt, three-phase, 150 KW/187.5 KVA diesel 
powered generator set.

    Docket No.: M-96-178-C.
    FR Notice: 62 FR 4332.
    Petitioner: Dry Fork Energy, Inc.
    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 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 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-96-179-C.
    FR Notice: 62 FR 4332.
    Petitioner: Dry Fork Energy, Inc.
    Reg Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal to use diesel generator 
to power mobile equipment in and out of its mine, considered acceptable 
alternative method. Granted for the Mine No. 1 with conditions for the 
480-volt, three-phase, 150 KW/187.5 KVA diesel powered generator set.

    Docket No.: M-96-180-C.
    FR Notice: 62 FR 4333.
    Petitioner: Dry Fork Energy, Inc.
    Reg Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal to use a diesel 
generator to power mobile equipment in and out of the mine considered 
acceptable alternative method. Granted for the Mine No. 1 with 
conditions for the 480-volt, three-phase, 150 KW/187.5 KVA diesel 
powered generator set.

    Docket No.: M-96-181-C.
    FR Notice: 62 FR 4333.
    Petitioner: Apex Minerals, Inc.
    Reg Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal to use diesel generator 
to power mobile equipment in and out of its mine, considered acceptable 
alternative method. Granted for the Mine No. 1 with conditions for the 
480-volt, three-phase, 150 KW/187.5 KVA diesel powered generator set.

    Docket No.: M-96-182-C.
    FR Notice: 62 FR 4333.
    Petitioner: Apex Minerals, Inc.
    Reg Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal to use a diesel 
generator to power mobile equipment in and out of the mine considered 
acceptable alternative method. Granted for the Mine No. 1 with 
conditions for the 480-volt, three-phase, 150 KW/187.5 KVA diesel 
powered generator set.

    Docket No.: M-96-184-C.
    FR Notice: 62 FR 4333.
    Petitioner: M & H 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 Mercury 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-96-185-C.
    FR Notice: 62 FR 4333.
    Petitioner: M & H Coal Company.
    Reg Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal to revise and supplement 
mine maps annually instead of every 6 months, as required, and to 
update maps daily by hand notations considered acceptable alternative 
method. Granted for the Mercury Slope Mine with conditions for annual 
revisions and supplements of the mine map.

    Docket No.: M-96-186-C.
    FR Notice: 62 FR 4333.
    Petitioner: M & H Coal Company.
    Reg Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal to permit the use of 
construction of seals using wooden materials of moderate size and 
weight due to the difficulty in accessing previously driven headings 
and breasts containing inaccessible abandoned workings; to accept a 
design criteria in the 10 psi range; and to permit the water trap to be 
installed in the gangway seal and sampling tube in the monkey seal for 
seals installed in pairs considered acceptable alternative method. 
Granted for the Mercury Slope Mine with conditions for seals installed 
in this mine.

    Docket No.: M-96-187-C.
    FR Notice: 62 FR 4333.
    Petitioner: Sheldon Derck.
    Reg Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal to revise and supplement 
mine maps annually instead of every 6 months, as required, and to 
update maps daily by hand notations considered acceptable alternative 
method. Granted for the Slope No. 1 Mine with conditions for annual 
revisions and supplements of the mine map.

    Docket No.: M-96-188-C.
    FR Notice: 62 FR 4334.
    Petitioner: Sheldon Derck.
    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

[[Page 44935]]

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 Slope No. 1 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-96-189-C.
    FR Notice: 62 FR 4334.
    Petitioner: Sheldon Derck.
    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 Slope No. 1 Mine with 
conditions for firefighting equipment in the working section.

    Docket No.: M-96-190-C.
    FR Notice: 62 FR 4334.
    Petitioner: Jordan Coal Company.
    Reg Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal to revise and supplement 
mine maps annually instead of every 6 months, as required, and to 
update maps daily by hand notations considered acceptable alternative 
method. Granted for the Jordan No. 1 Slope Mine with conditions for 
annual revisions and supplements of the mine map.

    Docket No.: M-96-191-C.
    FR Notice: 62 FR 4334.
    Petitioner: Jordan 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 Jordan 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-96-192-C.
    FR Notice: 62 FR 4334.
    Petitioner: Jordan Coal Company.
    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 Jordan No. 1 Slope Mine with 
conditions for firefighting equipment in the working section.

    Docket No.: M-96-193-C.
    FR Notice: 62 FR 4334.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish two check 
points to monitor the affected area; to maintain these check points in 
a safe condition; to have a certified person test for methane and the 
quantity of air on a weekly basis at each check point; and to have the 
person making examinations and tests record their initials, date, and 
time in a record book kept on the surface and made available for 
inspection by interested persons considered acceptable alternative 
method. Granted for Shoemaker Mine with conditions for the unsafe-to-
travel 4025-foot segment of the Main East Returns near Seabright Air 
Shaft.

    Docket No.: M-96-200-C.
    FR Notice: 62 FR 4335.
    Petitioner: Sidney Coal Company, Inc. and its subsidiaries.
    Reg Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal to use diesel generator 
to power mobile equipment in and out of its mine, considered acceptable 
alternative method. Granted for the Freedom Energy Mine No. 1; Solid 
Energy Mine No. 1; Clean Energy Mine No. 1; Black Diamond Mine No. 1; 
and Rockhouse Energy Mine No. 1 with conditions for the 480-volt, 
three-phase, 150 KW/187.5 KVA diesel powered generator set.

    Docket No.: M-96-203-C.
    FR Notice: 62 FR 4335.
    Petitioner: Elk Run Coal Company, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use 2,300-volt cables 
to power longwall equipment in the active pillar workings; to implement 
additional safety procedures devices; and to provide training to all 
mining personnel considered acceptable alternative method. Granted for 
the Black Knight II Mine with conditions for the 2,400-volt continuous 
miner.

    Docket No.: M-96-205-C.
    FR Notice: 62 FR 11925.
    Petitioner: Brookside 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 Diamond 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-96-206-C.
    FR Notice: 62 FR 11925.
    Petitioner: Brookside Coal Company.
    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 in by 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 
workings; and physically examine the entire length of the slope once a 
month considered acceptable alternative method. Granted for the Diamond 
Vein Slope Mine with conditions for examinations of seals (conducted 
from the gunboat) in the intake air haulage slope of this mine.

    Docket No.: M-96-209-C.
    FR Notice: 62 FR 11925.
    Petitioner: Brookside Coal Company.
    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 Diamond Vein Slope Mine 
with conditions for firefighting equipment in the working section.

    Docket No.: M-96-210-C.
    FR Notice: 62 FR 11925.
    Petitioner: Brookside Coal Company.
    Reg Affected: 30 CFR 75.1201-1(a).
    Summary of Findings: Petitioner's proposal to revise and supplement 
mine maps annually instead of every 6 months, as required, and to 
update maps daily by hand notations considered acceptable alternative 
method. Granted for the Diamond Vein Slope Mine with conditions for 
annual revisions and supplements of the mine map.

    Docket No.: M-96-211-C.
    FR Notice: 62 FR 11926.

[[Page 44936]]

    Petitioner: Brookside Coal Company.
    Reg Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal to permit the use of 
construction of seals using wooden materials of moderate size and 
weight due to the difficulty in accessing previously driven headings 
and breasts containing inaccessible abandoned workings; to accept a 
design criteria in the 10 psi range; and to permit the water trap to be 
installed in the gangway seal and sampling tube in the monkey seal for 
seals installed in pairs considered acceptable alternative method. 
Granted for the Diamond Vein Slope Mine with conditions for seals 
installed in this mine.

    Docket No.: M-95-047-C.
    FR Notice: 60 FR 18148.
    Petitioner: Jordan Coal Company.
    Reg Affected: 30 CFR 75.335(a)(1).
    Summary of Findings: Petitioner's proposal to permit seals of 
construction 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 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 Jordan No. 1 Slope Mine with conditions for seals installed in 
this mine.

    Docket No.: M-95-165-C.
    FR Notice: 60 FR 64080.
    Petitioner: Elk Run Coal Company, Inc.
    Reg Affected: 30 CFR 75.333(d)(1).
    Summary of Findings: Petitioner's proposal to use electronically 
operated Roll-Down Doors constructed of rubber material similar to 
those used in conveyor belts to control ventilation within the air 
course in the main entries instead of heavy Metal Doors considered 
acceptable alternative method. Granted for the White Knight Mine; 
Bishop 2 Mine; Laurel Eagle Mine; and Laurel Alma Mine with conditions 
for the installation of flame resistant rubber roll-down doors 
installed in the same framing structure with fuse link controlled, 
automatic closing steel roll-down fire doors.

    Docket No.: M-95-182-C.
    FR Notice: 61 FR 8306.
    Petitioner: Jacks Branch Coal Company.
    Reg Affected: 30 CFR 75.333(d)(1).
    Summary of Findings: Petitioner's proposal to use electronically 
operated Roll-Down Doors constructed of rubber material similar to 
those used in conveyor belts to control ventilation within the air 
course in the main entries instead of using heavy Metal Doors 
considered acceptable alternative method. Granted for the Mine No. 1 
with conditions for the installation of flame resistant rubber roll-
down doors installed in the same framing structure with fuse link 
controlled, automatic closing steel roll-down fire doors.

    Docket No.: M-93-004-C.
    FR Notice: 58 FR 8065.
    Petitioner: Cyprus Mountain Coals Corporation.
    Reg Affected: 30 CFR 77.1304(a).
    Summary of Findings: Petitioner's proposal to use recycled waste 
oil and diesel fuel to form a blasting agent considered acceptable 
alternative method. Granted for the Star Fire Mine with conditions.

    Docket No.: M-93-029-C.
    FR Notice: 58 FR 16553.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish airway 
check points to monitor the quantity and quality of air entering and 
leaving the affected area considered acceptable alternative method. 
Granted for the Loveridge No. 22 Mine with conditions for the intake 
aircourse on the south side of Main West and for the intake aircourse 
at the Sugar Run Portal Motor Barn.

    Docket No.: M-86-167-C.
    FR Notice: 52 FR 46133.
    Petitioner: Clinchfield Coal Company.
    Reg Affected: 30 CFR 75.326.
    Summary of Findings: Petitioner's proposal to use the velocity of 
air in the belt conveyor of 50 feet a minute, or greater, and have a 
definite and distinct movement in the designated direction considered 
acceptable alternative method. Granted for the McClure No. 1 Mine with 
conditions.

    Docket No.: M-85-184-C.
    FR Notice: 52 FR 46134.
    Petitioner: Clinchfield Coal Company.
    Reg Affected: 30 CFR 75.1105.
    Summary of Findings: Petitioner's proposal is amended to read: the 
velocity of air in the belt conveyor will be 50 feet a minute, or 
greater, and have a definite and distinct movement in the designated 
direction considered acceptable alternative method. Granted for the 
McClure No. 1 Mine with conditions.

[FR Doc. 98-22534 Filed 8-20-98; 8:45 am]
BILLING CODE 4510-34-P