[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Notices]
[Pages 27301-27309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12550]


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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 of the Federal Mine Safety and Health Act of 
1977, the Secretary of Labor may allow the modification of 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.

    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. 
The cite following ``FR Notice:'' refers to the issue of the Federal 
Register where MSHA published the notice that the petitioner was 
seeking a modification.

FOR FURTHER INFORMATION: Petitions and copies of the final decisions 
are available for examination by the public in the Office of Standards, 
Regulations, and Variances, MSHA, Room 627, 4015 Wilson Boulevard, 
Arlington, Virginia 22203. Contact Barbara Barron at 703-235-1910.

    Dated: May 13, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-98-001-C.

    FR Notice: 63 FR 11696.

    Petitioner: Remington Coal Company, Inc. (formerly Day Mining, 
Inc.).

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use 2,400 volt cables 
to power high-voltage longwall equipment considered acceptable 
alternative method. Granted with conditions for the Stockburg No. 1 
Mine.


    Docket No.: M-98-003-C.

    FR Notice: 63 FR 11696.

    Petitioner: Pine Ridge Coal Company.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use 2,400 volt cables 
to power high-voltage equipment inby the last open crosscut at 
continuous miner sections considered acceptable alternative method. 
Granted with conditions for the Big Mountain No. 16 Mine.


    Docket No.: M-98-004-C.

    FR Notice: 63 FR 11696.

    Petitioner: Pine Ridge Coal Company.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use 2,400 volt cables 
to power high-voltage equipment inby the last open crosscut at 
continuous miner sections considered acceptable alternative method. 
Granted with conditions for the Robin Hood No. 9 Mine.


    Docket No.: M-98-009-C.

    FR Notice: 63 FR 11696.

    Petitioner: FKZ Coal, Inc.

    Regulation Affected: 30 CFR 75.335.

    Summary of Findings: Petitioner's proposal to permit alternative 
methods 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 No. 1 Slope Mine with conditions.


    Docket No.: M-98-012-C.

    FR Notice: 63 FR 11697.

    Petitioner: FKZ Coal, Inc.

    Regulation 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 to use increased 
rope strength/safety factor and secondary safety rope connection in 
place of such devices considered acceptable alternative method. Granted 
for the No. 1 Vein Slope Mine with conditions.


    Docket No.: M-98-016-C.

    FR Notice: 63 FR 11697.

    Petitioner: G & P Contractors, Inc.

    Regulation Affected: 30 CFR 75.380.

    Summary of Findings: Petitioner's proposal to install two five 
pound or one ten pound portable chemical fire extinguisher in the 
operator's deck of each Mescher tractor operated at the mine and to 
have this fire extinguisher readily accessible to the operator; to 
inspect each fire extinguisher daily prior to entering the escapeway; 
to keep at the mine a daily record of the inspection; to have a 
sufficient number of spare fire extinguishers maintained at the mine in 
case a fire extinguisher becomes defective; and to provide training to 
each employee operating the Mescher tractor on the proper procedures 
for conducting daily inspections of the fire extinguisher considered 
acceptable alternative method. Granted for the Goodin Creek Mine with 
conditions.


    Docket No.: M-98-017-C.

    FR Notice: 63 FR 11697.

    Petitioner: Lodestar Energy, Inc.

    Regulation Affected: 30 CFR 75.380.

    Summary of Findings: Petitioner's proposal to use a minimum of 4-
feet of clearance on a secondary escapeway at its Wheatcroft mine 
considered acceptable alternative method. Granted for the Wheatcroft 
Mine with conditions for locations of reduced width in approximately 
twenty feet of the secondary escapeway near and between the slope coal 
haulage conveyor tail roller guarding to the No. 2 belt drive head 
support beam.


    Docket No.: M-98-018-C.

    FR Notice: 63 FR 11697.

    Petitioner: G & P Contractors, Inc.

    Regulation 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 monitors on permissible three-wheel tractors with drag bottom 
buckets considered acceptable alternative method. Granted for the 
Goodin Creek Mine with conditions.


    Docket No.: M-98-019-C.

    FR Notice: 63 FR 18232.

    Petitioner: Energy West Mining Company.


[[Page 27302]]


    Regulation Affected: 30 CFR 75.350.

    Summary of Findings: Petitioner's proposal to amend the Decision 
and Order Granting Petition for Modification No. M-94-166-C is granted. 
The Assistant Secretary had granted a modification of 30 CFR 75.350 to 
enable the company to conduct longwall mining with two rather than 
three entries in longwall panels under deep cover. The Assistant 
Secretary had concluded that mining under deep cover with more than two 
entries would result in a diminution of safety. The current 
modification amends the conditions under which the original 
modification was granted to accommodate the high-pressure emulsion 
station within the two-entry longwall retreat sections at Energy West's 
Trail Mountain Mine.


    Docket No.: M-98-020-C.

    FR Notice: 63 FR 18232.

    Petitioner: Energy West Mining Company.

    Regulation Affected: 30 CFR 75.352.

    Summary of Findings: Petitioner's proposal to amend the Decision 
and Order Granting Petition for Modification No. M-94-167-C is granted. 
The Assistant Secretary had granted a modification of 30 C.F.R. 
Sec. 73.352 to enable the company to conduct longwall mining with two 
rather than three entries in longwall panels under deep cover. The 
Assistant Secretary had concluded that mining under deep cover with 
more than two entries would result in a diminution safety. The current 
modification amends the conditions under which the original 
modification was granted to accommodate the high-pressure emulsion 
station within the two-entry longwall retreat sections at Energy West's 
Trail Mountain Mine.


    Docket No.: M-98-023-C.

    FR Notice: 63 FR 18232.

    Petitioner: Fray Mining, Inc.

    Regulation Affected: 30 CFR 77.214.

    Summary of Findings: Petitioner's proposal to allow construction of 
a refuse bench fill in an area containing abandoned mine openings 
considered acceptable alternative method. Granted for the Mine No. 2 
with conditions.


    Docket No.: M-98-025-C.

    FR Notice: 63 FR 18233.

    Petitioner: Marrowbone Development Company.

    Regulation Affected: 30 CFR 75.350.

    Summary of Findings: Petitioner's proposal to use an automatic fire 
detection system based on carbon monoxide monitoring of the underground 
conveyor entries to allow air coursed through conveyor belt entries to 
be used to ventilate active working places and to install a carbon 
monoxide detection system as an early warning fire detection system in 
all belt entries used to course intake air to a working place 
considered acceptable alternative method. Granted for the North 
Marrowbone Creek Mine with conditions.


    Docket No.: M-98-026-C.

    FR Notice: 63 FR 18233.

    Petitioner: Marrowbone Development Company.

    Regulation Affected: 30 CFR 75.503.

    Summary of Findings: Petitioner's proposal to use permanently 
installed spring-loaded locking devices instead of padlocks on battery 
plugs and to install and maintain spring-loaded locking devices on 
battery plugs to prevent the threaded rings that secure the battery 
plugs to the battery receptacles from loosening unintentionally 
considered acceptable alternative method. Granted for the North 
Marrowbone Creek Mine with conditions.


    Docket No.: M-98-027-C.

    FR Notice: 63 FR 18233.

    Petitioner: Eagle Energy, Inc.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use 4,160 volt cables 
to power longwall equipment considered acceptable alternative method. 
Granted for the Mine No. 1 with conditions.


    Docket No.: M-98-029-C.

    FR Notice: 63 FR 29034.

    Petitioner: Joliett Coal Company.

    Regulation 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 to use increased 
rope strength/safety factor and secondary safety rope connection in 
place of such devices considered acceptable alternative method. Granted 
for the No. 3 Vein Slope Mine with conditions.


    Docket No.: M-98-033-C.

    FR Notice: 63 FR 29034.

    Petitioner: Sea ``B'' Mining Company.

    Regulation Affected: 30 CFR 75.1710.

    Summary of Findings: Petitioner's proposal to operate self-
propelled electric face equipment without canopies because of the 
mining heights less than 46 inches at the Silver Creek Mine considered 
acceptable alternative method. Granted with conditions for the three 
center-driven Joy 21SC shuttle cars, Serial Nos. ET11685, ET13646 
standard drive reel, and ET16734 off-standard reel; for the S&S Scoop 
CX2, Serial No. CX2 323; for the Long Airdox Scoop 482, Serial No. 482-
2240; and, for the Fletcher Roof Bolting Machine, Model RD RR11 w/T-Bar 
ATRS, Serial No. 97095, in heights (floor to roof) less than 46 inches.


    Docket No.: M-98-062-C.

    FR Notice: 63 FR 44292.

    Petitioner: Independence Coal Company, Inc.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use high-voltage 
longwall mining equipment and the nominal voltage of power circuits for 
this equipment would not exceed 2,400 volts considered acceptable 
alternative method. Granted with conditions for the 2,400-volt 
continuous miner system(s) used at the Justice No. 1 Mine.


    Docket No.: M-98-063-C.

    FR Notice: 63 FR 44292.

    Petitioner: Independence Coal Company, Inc.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use high-voltage 
longwall mining equipment and the nominal voltage of power circuits for 
this equipment would not exceed 2,400 volts considered acceptable 
alternative method. Granted with conditions for the 2,400-volt 
continuous miner system(s) used at the Jack's Branch Buffalo Creek 
Mine.


    Docket No.: M-98-086-C.

    FR Notice: 63 FR 58431.

    Petitioner: Kedco, Inc.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use high-voltage 
2,400 volt cables to power continuous mining machines in and inby the 
last open crosscut considered acceptable alternative method. Granted 
with conditions for the 2,400-volt continuous miner system used at the 
No. 2 Mine.


    Docket No.: M-97-004-C.

    FR Notice: 62 FR 11926.

    Petitioner: Eastern Mingo Coal Company.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use (2,300 volt) a.c. 
electricity to power continuous mining equipment considered acceptable 
alternative method. Granted with conditions for the 2,400-volt 
continuous miner used at the Big Branch Mine.


    Docket No.: M-97-020-C.

    FR Notice: 62 FR 23797.

    Petitioner: Becky Coal Company, Inc.

    Regulation Affected: 30 CFR 75.380.

    Summary of Findings: Petitioner's proposal to install two number 
five or

[[Page 27303]]

one number ten portable chemical fire extinguisher in the operator's 
deck of each Mescher tractor operated at its mine; to have the fire 
extinguisher readily accessible to the operator; and to have each fire 
extinguisher inspected daily by the equipment operator prior to 
entering the escapeway and if any defects are found replace the 
extinguisher before entering considered acceptable alternative method. 
Granted for the Mine No. 5 with conditions for Mescher three wheel 
tractors to be operated in the primary intake escapeway.


    Docket No.: M-97-027-C.

    FR Notice: 62 FR 23798.

    Petitioner: Arclar Company.

    Regulation Affected: 30 CFR 75.350.

    Summary of Findings: Petitioner's proposal to use intake air from 
belt haulage entries to ventilate the active working places and to 
install and maintain a carbon monoxide monitoring system along the 
beltline considered acceptable alternative method. Granted with 
conditions to allow air coursed through conveyor belt entries to be 
used to ventilate working places.


    Docket No.: M-97-029-C.

    FR Notice: 62 FR 23798.

    Petitioner: Arch of Illinois.

    Regulation Affected: 30 CFR 75.323.

    Summary of Findings: Petitioner's proposal to have the section's 
transformer located in the intake air/power entry and maintained at 
least 300 feet away from any type of mining (development or secondary 
mining/winging) and that the intake would feed the air to the active 
working face, the gob area, and around the bleeder system considered 
acceptable alternative method. Granted for the Conant Mine with 
conditions for application only during the second mining process known 
as ``winging'' using the Archveyor system.


    Docket No.: M-97-034-C.

    FR Notice: 62 FR 23799.

    Petitioner: Tanoma Mining Company.

    Regulation Affected: 30 CFR 75.326 (now 75.350).

    Summary of Findings: Petitioner's proposal to amend paragraph 1(b) 
by adding ``when pillaring, inby sensor is to be located at least 150 
feet but no more than 160 feet from the inby end of the RFM'' 
considered acceptable alternative method. Granted with conditions.


    Docket No.: M-97-035-C.

    FR Notice: 62 FR 23799.

    Petitioner: Birdeye Coal Company, Inc.

    Regulation Affected: 30 CFR 75.380.

    Summary of Findings: Petitioner's proposal to install two number 
five or one number ten portable chemical fire extinguisher in the 
operator's deck considered acceptable alternative method. Granted for 
No. 4 Mine for Mescher three wheel tractors to be operated in the 
primary intake escapeway.


    Docket No.: M-97-050-C.

    FR Notice: 62 FR 29372.

    Petitioner: Canyon Fuel Company, LLC.

    Regulation 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 for the 4,160-volt longwall equipment.


    Docket No.: M-97-060-C.

    FR Notice: 62 FR 34311.

    Petitioner: B. and B. Anthracite Coal.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to conduct examinations 
of areas 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 once a month considered 
acceptable alternative method. Granted for the Rock Ridge 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-97-062-C.

    FR Notice: 62 FR 34311.

    Petitioner: B. and B. Anthracite Coal.

    Regulation Affected: 30 CFR 75.1202-1.

    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 Rock Ridge No. 1 Slope Mine with conditions for 
annual revisions and supplements of the mine map.


    Docket No.: M-97-064-C.

    FR Notice: 62 FR 34311.

    Petitioner: Consolidation Coal Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to establish evaluation 
points P and Q that would be maintained in safe condition; and to have 
a certified person test for methane and the quantity of air at both 
check points on a weekly basis and 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 Shoemaker Mine with conditions for the unsafe-to-travel 1780-
foot segment of the 4 South and East Returns return aircourse near 
Whittaker Air Shaft and Portal area.


    Docket No.: M-97-067-C.

    FR Notice: 62 FR 34312.

    Petitioner: Old Ben Coal Company.

    Regulation Affected: 30 CFR 75.503.

    Summary of Findings: Petitioner's proposal to use in lieu of a 
padlock a Spring-Loaded Plug Interlock attached to the receptacle and 
permanently attached to the battery-case so that when the battery-plugs 
are secured and the spring loaded interlock is released, the threaded 
ring securing the battery plugs cannot become loose considered 
acceptable alternative method. Granted for the Ziegler No. 11 Mine with 
conditions.


    Docket No.: M-97-073-C.

    FR Notice: 62 FR 38123.

    Petitioner: Apogee Coal Company (dBA Arch of Illinois).

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to allow the use of 
high-voltage trailing cables (2400 Vac) inby the last open crosscut and 
within 150 feet of pillar workings at the continuous miner sections 
considered acceptable alternative method. Granted for the Conant Mine 
with conditions.


    Docket No.: M-97-077-C.

    FR Notice: 62 FR 38123.

    Petitioner: Apogee Coal Company (dBA Arch of Illinois).

    Regulation Affected: 30 CFR 75.701.

    Summary of Findings: Petitioner's proposal to allow the use of a 
diesel-powered generator to supply power to mobile mining equipment 
when the equipment is being moved from one area to another without 
grounding the neutral to a low resistance ground field considered 
acceptable alternative method. Granted for the 480-volt, three-phase, 
200KW/250 KVA DPG set supplying power to a 250 KVA three-phase 
transformer and three-phase power circuits.


    Docket No.: M-97-078-C.

    FR Notice: 62 FR 38123.

    Petitioner: Eastern Associated Coal Corporation.

    Regulation Affected: 30 CFR 75.507.

    Summary of Findings: Petitioner's proposal to use a 2300-volt 
three-phase alternating current electric power circuit

[[Page 27304]]

for the pump, and the power circuit would be designed and installed to 
contain (1) either a direct or derived neutral which would be grounded 
through a suitable resistor at the source transformer or power center; 
(2) a grounding circuit originating at the grounded side of the 
grounding resistor that would extend along with the power conductors 
and serve as the grounding conductor for the frame of the pump and all 
the associated electric equipment where power is supplied from the 
circuit; (3) a grounding resistor that would limit the ground fault 
current to no more that 15 amperes; (4) a suitable circuit breaker to 
provide protection against grounded phase, undervoltage, short circuit, 
and overload; (5) a disconnecting device; and (6) a fail-safe ground 
check circuit considered acceptable alternative method. Granted for the 
Harris No. 1 Mine and Lightfoot No. 2 Mine with conditions.


    Docket No.: M-97-079-C.

    FR Notice: 62 FR 38124.

    Petitioner: Consolidation Coal Company.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use high-voltage 
cables not extending 4,160 volts inby the last open crosscut and has 
listed in the petition specific terms and conditions for their safe use 
considered acceptable alternative method. Granted for the Blacksville 
No. 2 Mine with conditions.


    Docket No.: M-97-082-C.

    FR Notice: 62 FR 44724.

    Petitioner: Tanoma Mining Company.

    Regulation Affected: 30 CFR 75.1700.

    Summary of Findings: Petitioner's proposal to plug and mine through 
oil and gas wells considered acceptable alternative method. Granted for 
the Tanoma Mine with conditions for mining through or near (whenever 
the safety barrier diameter is reduced to a distance less than the 
District Manager would approve pursuant to Section 75.1700) plugged oil 
or gas wells penetrating the Lower Kittanning Coal Seam.


    Docket No.: M-97-084-C.

    FR Notice: 62 FR 44724.

    Petitioner: Turris Coal Company.

    Regulation Affected: 30 CFR 75.350.

    Summary of Findings: Petitioner's proposal to use intake air coming 
from belt haulage entries to ventilate workings and to install a carbon 
monoxide monitoring system as an early warning system along belt 
haulage entries considered acceptable alternative method. Granted for 
the Turris Coal Company with conditions.


    Docket No.: M-97-087-C.

    FR Notice: 62 FR 46379.

    Petitioner: Costain Coal, Inc.

    Regulation Affected: 30 CFR 75.1103-4.

    Summary of Findings: Petitioner's proposal to install one CO sensor 
not more than 100 feet downwind of where both the tailpiece and belt 
drive are located, and at intervals not to exceed 2,000 feet along each 
conveyor belt entry considered acceptable alternative method. Granted 
for the Smith Underground 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-97-089-C.

    FR Notice: 62 FR 46379.

    Petitioner: Garrett Mining, Inc.

    Regulation Affected: 30 CFR 75.350.

    Summary of Findings: Petitioner's proposal to use belt haulage 
entries as intake air courses for ventilation of active working places, 
and to install a low-level CO monitoring system as an early warning 
fire detection system in all belt entries used as intake air courses 
considered alternative method. Granted for the No. 2 Mine with 
conditions.


    Docket No.: M-97-090-C.

    FR Notice: 62 FR 46379.

    Petitioner: Costain Coal, Inc.

    Regulation Affected: 30 CFR 75.503.

    Summary of Findings: Petitioner's proposal to use a spring-loaded 
device with specific characteristics instead of a padlock to secure 
plugs and electrical type connectors to batteries and to the 
permissible mobile powered equipment the batteries serve considered 
acceptable alternative method. Granted for the Smith Underground 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-97-091-C.

    FR Notice: 62 FR 46379.

    Petitioner: G & P Contractors, Inc.

    Regulation Affected: 30 CFR 75.380.

    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 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 a record of 
the daily inspections and keep them 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 Stoney Fork Mine No. 2 with 
conditions for Mescher three wheel tractors to be operated in the 
primary intake escapeway.


    Docket No.: M-97-094-C.

    FR Notice: 62 FR 46380.

    Petitioner: Consolidation Coal Company.

    Regulation Affected: 30 CFR 75.804.

    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 a part of its longwall mining system considered acceptable 
alternative method. Granted for the Shoemaker Mine with conditions.


    Docket No.: M-97-097-C.

    FR Notice: 62 FR 51910.

    Petitioner: CONSOL of Kentucky, Inc.

    Regulation 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, located 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; 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 Big Springs 
No. 6 Mine with conditions.


    Docket No.: M-97-098-C.

    FR Notice: 62 FR 51910.

    Petitioner: Eastern Associated Coal Corporation.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use high-voltage 
cables (2400-volt) inby the last open crosscut at the longwall working 
sections considered acceptable alternative method. Granted for the 
Harris No. 1 Mine with conditions.


    Docket No.: M-97-099-C.

    FR Notice: 62 FR 51910.

    Petitioner: Lodestar Energy, Inc.

    Regulation Affected: 30 CFR 75.503 (18.41(f)).

    Summary of Findings: Petitioner's proposal to use a spring-loaded 
device with specific fastening characteristics instead of a padlock to 
secure plugs and electrical type connectors to batteries and to the 
permissible mobile powered equipment to prevent accidental separation 
of the battery plugs from their receptacles during normal

[[Page 27305]]

operation of the battery equipment considered acceptable alternative 
method. Granted for the Baker Mine with conditions.


    Docket No.: M-97-100-C.

    FR Notice: 62 FR 51910.

    Petitioner: Eastern Associated Coal Corporation.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to request that 
paragraph 28 of the PDO be amended to provide at least one escapeway on 
the tailgate side of the longwall face considered acceptable 
alternative method. Granted for the Federal No. 2 Mine with conditions.


    Docket No.: M-97-102-C.

    FR Notice: 62 FR 51908.

    Petitioner: Mark P. Shingara Coal.

    Regulation Affected: 30 CFR 75.335.

    Summary of Findings: Petitioner's proposal to permit alternative 
methods of seal 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 criteria in the 10 psi range; and to permit the water 
trap to be installed in the gangway seal and sampling tube in the 
monkey seal for seals installed in pairs considered acceptable 
alternative method. Granted for the No. 4 Vein Slope with conditions.


    Docket No.: M-97-103-C.

    FR Notice: 62 FR 51908.

    Petitioner: Mark P. Shingara Coal.

    Regulation 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 quality 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 working 
section considered acceptable alternative method. Granted for the No. 4 
Vein Slope Mine with conditions.


    Docket No.: M-97-104-C.

    FR Notice: 62 FR 51909.

    Petitioner: Mark P. Shingara Coal.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to examine these areas 
from the gunboat/slope car with an alternative air quality evaluation 
at the section's intake level, and travel and thoroughly examine these 
areas for hazardous conditions once a month considered acceptable 
alternative method. Granted for the No. 4 Vein Slope Mine with 
conditions.


    Docket No.: M-97-108-C.

    FR Notice: 62 FR 51909.

    Petitioner: Mark P. Shingara Coal.

    Regulation 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 increased 
rope strength/safety factor and secondary safety rope connection in 
place of such devices considered acceptable alternative method. Granted 
for the No. 4 Vein Slope with conditions.


    Docket No.: M-97-109-C.

    FR Notice: 62 FR 51909.

    Petitioner: Oxbow Carbon & Minerals, Inc.

    Regulation Affected: 30 CFR 75.804.

    Summary of Findings: Petitioner's proposal to allow the use of 
Anaconda Type SHD+GC, Pirelli Type SHD-Center-GC, Tiger Brand Type SHD-
CGC, and other brands of identical construction flame-resistant cables 
on the high-voltage longwall system(s) and that these cables would 
utilize a flexible No. 16 A.W.G. ground check conductor for the ground 
continuity check circuit considered acceptable alternative method. 
Granted for the Sanborn Creek Mine with conditions.


    Docket No.: M-97-110-C.

    FR Notice: 62 FR 51909.

    Petitioner: Oxbow Carbon & Minerals, Inc.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use 2,400 volt cables 
to power longwall equipment considered acceptable alternative method. 
Granted for the Sanborn Creek Mine with conditions.


    Docket No.: M-97-114-C.

    FR Notice: 62 FR 59893.

    Petitioner: Roberts Bros. Coal Co., Inc.

    Regulation Affected: 30 CFR 75.503(18.41(f)).

    Summary of Findings: Petitioner's proposal to use a spring-loaded 
device with specific fastening characteristics instead of a padlock to 
secure plugs and electrical type connectors to batteries and to the 
permissible mobile powered equipment, to prevent accidental separation 
of the battery plugs from their receptacles during normal operation of 
the battery equipment and in the event of a battery fire, the spring-
loaded device can be disconnected much faster and safer than a padlock 
considered acceptable alternative method. Granted for the Cardinal No. 
2 Mine with conditions.


    Docket No.: M-97-115-C.

    FR Notice: 62 FR 59893.

    Petitioner: BJM Coal Company.

    Regulation Affected: 30 CFR 75.503(18.41(f)).

    Summary of Findings: Petitioner's proposal to allow the use of a 
spring-loaded locking device instead of padlocks to secure battery 
plugs to machine mounted receptacles which would prevent the threaded 
lock ring on a plug from turning and coming loose unintentionally 
considered acceptable alternative method. Granted for the Camp Creek 
Deep Mine with conditions.


    Docket No.: M-97-116-C.

    FR Notice: 62 FR 59893.

    Petitioner: BJM Coal Company.

    Regulation Affected: 30 CFR 75.503(18.41(f)).

    Summary of Findings: Petitioner's proposal to allow the use of a 
spring-loaded locking device instead of padlocks to secure battery 
plugs to machine mounted receptacles which would prevent the threaded 
lock ring on a plug from turning and coming loose unintentionally 
considered acceptable alternative method. Granted for the Mine No. 9b 
with conditions.


    Docket No.: M-97-119-C.

    FR Notice: 62 FR 63727.

    Petitioner: The Pittsburg & Midway Coal Mining Co.

    Regulation Affected: 30 CFR 75.503(18.41(f)).

    Summary of Findings: Petitioner's proposal to allow the use of a 
spring-loaded device with specific fastening characteristics with its 
fastening configuration to secure plugs and electrical-type connectors 
to batteries and to the permissible mobile-powered equipment, which the 
batteries serve, instead of using a padlock considered acceptable 
alternative method. Granted for the Sebree No. 1 Mine with conditions.


    Docket No.: M-97-121-C.

    FR Notice: 62 FR 63727.

    Petitioner: Consol of Kentucky, Inc.

    Regulation Affected: 30 CFR 75.1101-8.

    Summary of Findings: Petitioner's proposal to permit the use of a 
single line of automatic sprinklers for its fire protection system on 
main and secondary belt conveyor and the use of a single overhead pipe 
system with \1/2\-inch orifice automatic sprinklers located on 10-foot 
centers, located to cover 50 feet of fire-resistant belt or 150 feet of 
non-fire resistant belt, with actuation temperatures between 200 to 230 
degrees Fahrenheit, and with water pressure equal to or greater than 10 
psi; to locate the sprinklers not more than 10 feet apart so that the 
discharge of water

[[Page 27306]]

will extend over the belt drive, belt take-up, electrical control, and 
gear reducing unit; to conduct a test using the specific procedures 
outlined in this petition during the installation of each new system, 
during any subsequent repair or replacement of any critical part, and 
annually to ensure proper operation considered acceptable alternative 
method. Granted for the Ridge No. 8 Mine with conditions.


    Docket No.: M-97-125-C.

    FR Notice: 62 FR 63728.

    Petitioner: Island Creek Coal Company.

    Regulation Affected: 30 CFR 75.503(18.41(f)).

    Summary of Findings: Petitioner's proposal to use a spring-loaded 
metal locking device instead of padlocks to secure battery charging 
plugs to machine-mounted battery receptacles on permissible, mobile, 
battery-powered scoop cars considered acceptable alternative method. 
Granted for the Ohio No. 11 Mine with conditions.


    Docket No.: M-97-127-C.

    FR Notice: 62 FR 63728.

    Petitioner: Genwal Resources, Inc.

    Regulation Affected: 30 CFR 75.1101-8.

    Summary of Findings: Petitioner's proposal to use a water sprinkler 
system with a single overhead pipe system and automatic sprinklers 
located not more than 10 feet apart so that the water discharged from 
the sprinklers will cover 50 feet of fire resistant belt, or 150 feet 
of non-fire resistant belt adjacent to the belt drive; and to permit 
automatic sprinklers(s) will cover the drive motor(s), belt take-up 
electrical controls, and gear reducing unit for each belt drive and to 
conduct a functional test to ensure proper operation during the 
installation of each new system and during subsequent repair or 
replacement of any critical part; and to submit to the District Manager 
proposed revisions to their Part 48 training plan that would specify 
initial and refresher training for compliance to this petition 
considered acceptable alternative method. Granted for the Crandall 
Canyon Mine with conditions.


    Docket No.: M-97-141-C.

    FR Notice: 63 FR 2700.

    Petitioner: M & M Anthracite Coal Company.

    Regulation 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 increased 
rope strength/safety factor and secondary safety rope connection in 
place of such devices considered acceptable alternative method. Granted 
for the Little Tracey Slope Mine with conditions.


    Docket No.: M-97-142-C.

    FR Notice: 63 FR 2700.

    Petitioner: Elk Run Coal Company.

    Regulation Affected: 30 CFR 75.503(18.41(f)).

    Summary of Findings: Petitioner's proposal to use permanently 
installed, spring-loaded locking devices on mobile battery-powered 
machines to prevent unintentional loosening of battery plugs from 
battery receptacles in order to eliminate the hazards associated with 
difficult removal of padlocks during emergency situations, instead of 
using padlocks considered acceptable alternative method. Granted for 
the Black Knight II Mine with conditions.


    Docket No.: M-97-149-C.

    FR Notice: 63 FR 5972.

    Petitioner: Canfield Energy, Inc.

    Regulation Affected: 30 CFR 75.342.

    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen indicators in lieu of machine-
mounted methane monitors on permissible three-wheel tractors with drag 
bottom buckets considered acceptable alternative method. Granted for 
the Canfield No. 4 Mine with conditions for the Mescher permissible 
three-wheel battery-powered tractors used to load coal.


    Docket No.: M-97-150-C.

    FR Notice: 63 FR 5972.

    Petitioner: Chestnut Coal Company.

    Regulation Affected: 30 CFR 75.1200.

    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. 10 Slope Mine with conditions.


    Docket No.: M-97-151-C.

    FR Notice: 63 FR 5972.

    Petitioner: Peabody Coal Company.

    Regulation Affected: 30 CFR 75.503.

    Summary of Findings: Petitioner's proposal to use a spring-loaded 
metal locking device for securing the battery-connecting plugs to 
machine-mounted battery receptacles on permissible, mobile, battery-
powered scoop cars and tractors instead of using padlocks considered 
acceptable alternative method. Granted for the Camp No. 1 Mine with 
conditions.


    Docket No.: M-96-044-C.

    FR Notice: 61 FR 33141.

    Petitioner: Consolidation Coal Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to establish two check 
points, on inby and outby the affected area; to maintain these check 
points in a safe condition at all times; and to have a certified person 
test for methane and the quantity of air on a weekly basis at both 
check points and the person making such examinations would 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 
designated return aircourse which has ventilated the battery charging 
station (old inside shop) near Sugar Run Shaft.


    Docket No.: M-96-081-C.

    FR Notice: 61 FR 47193.

    Petitioner: Kiah Creek Mining Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to evaluate the area at 
the toe of the fall to determine the quantity and quality of air 
flowing across the fall and by the seals considered acceptable 
alternative method. Granted for the No. 8 Mine with conditions to allow 
monitoring of air flowing over the roof fall in front of the old 
Southeast Main Nos. 2 & 3 mine seals and indirect evaluation in lieu of 
physical examination and gas checks at those seals.


    Docket No.: M-96-086-C.

    FR Notice: 61 FR 47193.

    Petitioner: Utah Fuel Company.

    Regulation Affected: 30 CFR 75.344.

    Summary of Findings: Petitioner's proposal to use audible and 
visual alarms to be located at the surface office building where 
assigned persons can respond to the alarms instead of at unmanned 
locations underground considered acceptable alternative method. Granted 
for the Skyline No. 3 Mine and Skyline No. 1 with conditions for the 
preshift examination of remote electrical installations and compressors 
serving mine de-watering pump installations conducted by pumpers who 
are certified mine examiners.


    Docket No.: M-96-087-C.

    FR Notice: 61 FR 47193.

    Petitioner: Utah Fuel Company.


[[Page 27307]]


    Regulation Affected: 30 CFR 75.340.

    Summary of Findings: Petitioner's proposal to use audible and 
visual alarms to be located at the surface office building where 
assigned persons can respond to the alarms instead of at unmanned 
locations underground considered acceptable alternative method. Granted 
for the Skyline No. 1 Mine and Skyline No. 3 with conditions for the 
continuous monitoring of electrical installations providing power to 
mine de-watering pump installations in remote locations by an MSHA 
approved Atmospheric Monitoring System which activates visual and 
audible alarms at the system's surface location.


    Docket No.: M-96-095-C.

    FR Notice: 61 FR 47194.

    Petitioner: Arch of Illinois.

    Regulation Affected: 30 CFR 75.362.

    Summary of Findings: Petitioner's proposal to use an intrinsically 
safe atmospheric monitoring system (AMS), a Trolex Explosive Gas Sensor 
Model No. TX3266 or an equivalent AMS, to test for methane before the 
equipment is energized, and to continuously detect and test for methane 
at 20-minute intervals while the mining equipment is energized in the 
working face. This would eliminate personnel exposure to the potential 
hazards of the face area during the tests considered acceptable 
alternative method. Granted for the Conant Mine with conditions for 
application only during the second mining process known as ``winging'' 
using the Archveyor system.


    Docket No.: M-96-096-C.

    FR Notice: 61 FR 47194.

    Petitioner: Arch of Illinois.

    Regulation Affected: 30 CFR 75.331.

    Summary of Findings: Petitioner's proposal to use a ``blowing'' 
auxiliary permissible fan and tubing with the Archveyor System to 
ventilate the wing cut face area considered acceptable alternative 
method. Granted for the Conant Mine with conditions.


    Docket No.: M-96-119-C.

    FR Notice: 61 FR 57460.

    Petitioner: Utah Fuel Company.

    Regulation Affected: 30 CFR 75.360.

    Summary of Findings: Petitioner's proposal to continuously monitor 
electrical installations for carbon monoxide or temperature rather than 
conduct preshift examinations and to physically examine these 
installations for other hazardous conditions at least weekly; and to 
have the miners entering these areas certified and conduct an 
examination for themselves or to have a certified person examine the 
areas prior to other employees entering these areas considered 
acceptable alternative method. Granted for the Skyline Mine No. 1 with 
conditions.


    Docket No.: M-96-137-C.

    FR Notice: 61 FR 64373.

    Petitioner: D.J.T. Coal Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to examine the areas 
from the gunboat/slope car with an alternative air quality evaluation 
at the section's intake level, and travel and throughly examine these 
areas for hazardous conditions once a month considered acceptable 
alternative method. Granted for the D.J.T. 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-96-168-C.

    FR Notice: 62 FR 4331.

    Petitioner: Apogee Coal Company (dba Arch of Illinois).

    Regulation Affected: 30 CFR 75.901.

    Summary of Findings: Petitioner's proposal to allow a diesel 
powered generator to be operated for supplying power to mobile mining 
equipment when such equipment is being moved from one area of the mine 
to another without grounding the neutral to a low resistance ground 
field and that the mining personnel would be trained in the proper 
testing procedures to be used at the mine whenever this practice occurs 
considered acceptable alternative method. Granted for the Conant Mine 
with conditions.


    Docket No.: M-96-174-C.

    FR Notice: 62 FR 4332.

    Petitioner: Mallie Coal Company, Inc.

    Regulation Affected: 30 CFR 75.380.

    Summary of Findings: Petitioner's proposal to install two five-
pound or one ten-pound portable chemical fire extinguisher in the 
operators deck of each Mescher tractor operated at the mine; to have 
the fire extinguisher readily accessible to the operator; and to have 
each fire extinguisher inspected daily by the equipment operator prior 
to entering the escapeway considered acceptable alternative method. 
Granted for the Mine No. 5 with conditions.


    Docket No.: M-96-183-C.

    FR Notice: 62 FR 4333.

    Petitioner: Kerr-McGee Coal Corporation.

    Regulation Affected: 30 CFR 77.1304.

    Summary of Findings: Petitioner's proposal to use petroleum-based 
lubrication oil, which would be drained from its Jacobs Ranch Mine 
equipment, blended with fuel oil to create an Ammonium Nitrate Fuel Oil 
(ANFO) blasting agent and proposes to submit proposed revisions to its 
part 48 training plan, which include initial and refresher training 
regarding compliance to its petition considered acceptable alternative 
method. Granted for the Jacobs Ranch Mine with conditions.


    Docket No.: M-96-194-C.

    FR Notice: 62 FR 4334.

    Petitioner: Apogee Coal Company (dba Arch of Illinois).

    Regulation Affected: 30 CFR 75.333.

    Summary of Findings: Petitioner's proposal to allow permanent 
stoppings to be built and maintained to a point not to exceed 900 feet 
from the point of deepest penetration in the conveyor belt entry or to 
a distance from the point of deepest penetration in the conveyor belt 
entry not to exceed 1\1/2\ time the length of the Archveyor continuous 
face haulage system considered acceptable alternative method. Granted 
for Conant Mine with conditions for application only to the Archveyor 
system (i.e. stageloader, system conveyor, continuous mining machine, 
and bolter car if used).


    Docket No.: M-96-207-C.

    FR Notice: 62 FR 11925.

    Petitioner: Brookside Coal Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to examine the areas 
from the gunboat/slope car with an alternative air quality evaluation 
at the section's intake level, and travel and throughly examine these 
areas for hazardous conditions once a month considered acceptable 
alternative method. Granted for the Diamond 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-95-078-C.

    FR Notice: 60 FR 31499.

    Petitioner: R. & D. Coal Company.

    Regulation Affected: 30 CFR 75.332.

    Summary of Findings: Petitioner's proposal to use air passing 
through inaccessible abandoned workings and additional areas by mixing 
with air in the intake haulage slope to ventilate the only active 
workings section, to ensure air quality by sampling intake air during 
preshift 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.


    Docket No.: M-95-115-C.


[[Page 27308]]


    FR Notice: 60 FR 46871.

    Petitioner: Consolidation Coal Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to establish check 
points J and K to monitor the affected area and to have a certified 
person examine the area for methane and the quantity of air at both 
check points on a weekly basis; and to have the certified person 
initial and record the date, time, and results of the weekly 
examinations in a book kept on the surface and made available for 
inspection by interested persons considered acceptable alternative 
method. Granted for the Shoemaker Mine with conditions.


    Docket No.: M-95-167-C.

    FR Notice: 60 FR 64080.

    Petitioner: Cyprus Plateau Mining Corporation.

    Regulation Affected: 30 CFR 75.1002.

    Summary of Findings: Petitioner's proposal to use high-voltage 
(2,400 or 4,160 volt) cables to power longwall mining equipment 
considered acceptable alternative method. Granted for the Willow Creek 
Mine with conditions.


    Docket No.: M-95-183-C.

    FR Notice: 61 FR 8306.

    Petitioner: Mountain Coal Company.

    Regulation Affected: 30 CFR 75.1002-1.

    Summary of Findings: Petitioner's proposal to use non-permissible 
electronic testing or diagnostic equipment within 150 feet of pillar 
workings; and to use low-voltage or battery operated non-permissible 
equipment such as, but not limited to, laptop computers, oscilloscopes, 
vibration analysis machines, and cable fault detectors considered 
acceptable alternative method. Granted for the West Elk Mine with 
conditions.


    Docket No.: M-95-184-C.

    FR Notice: 61 FR 8306.

    Petitioner: Mountain Coal Company.

    Regulation Affected: 30 CFR 75.500.

    Summary of Findings: Petitioner's proposal to use non-permissible 
electronic testing or diagnostic equipment in or inby the last open 
crosscut; and use low-voltage or battery operated non-permissible 
equipment such as, but not limited to, laptop computers, oscilloscopes, 
vibration analysis machines, and cable fault detectors considered 
acceptable alternative method. Granted for the West Elk Mine with 
conditions.


    Docket No.: M-94-135-C.

    FR Notice: 59 FR 46269.

    Petitioner: K & S Coal Company.

    Regulation Affected: 30 CFR 75.332.

    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 
preshift and on-shift examinations, and to suspend mine production when 
air quality fails to meet specified criteria considered acceptable 
alternative method. Granted for the First Chance Slope Mine with 
conditions.


    Docket No.: M-93-07-C.

    FR Notice: 58 FR 8065.

    Petitioner: McElroy Coal Company.

    Regulation Affected: 30 CFR 75.364.

    Summary of Findings: Petitioner's proposal to establish monitoring 
stations at the North Return and the Left Return of 2-North before it 
enters the affected aircourses, and continue using monitoring stations 
at the 1-South entries of the affected return aircourse daily as 
described in petition for modification, docket number M-92-142-C 
considered acceptable alternative method. Granted for the Slope No. 1 
Mine with conditions.


    Docket No.: M-93-027-C.

    FR Notice: 58 FR 13805.

    Petitioner: Cyprus Plateau Mining Corporation.

    Regulation Affected: 30 CFR 75.350.

    Summary of Findings: Petitioner's proposal to install a low-level 
carbon monoxide detection in all belt entries used as intake aircourses 
to ventilate active working places considered acceptable alternative 
method. Granted for the Star Point No. 2 Mine with conditions.


    Docket No.: M-93-097-C.

    FR Notice: 58 FR 39237.

    Petitioner: E & E Fuels.

    Regulation Affected: 30 CFR 75.364.

    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 
once a month considered acceptable alternative method. Granted for the 
Orchard Slope Mine with conditions for 30 CFR 75.364(b)(1) regarding 
weekly 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-93-116-C.

    FR Notice: 58 FR 39239.

    Petitioner: Buck Mountain Coal Company.

    Regulation Affected: 30 CFR 75.360.

    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 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.


    Docket No.: M-97-002-M.

    FR Notice: 62 FR 23800.

    Petitioner: Barrick Goldstrike Mines, Inc.

    Regulation Affected: 30 CFR 56.6309.

    Summary of Findings: Petitioner's proposal to allow the use of used 
crankcase oil blended with diesel fuel to prepare ammonium nitrate/fuel 
oil (ANFO) for blasting considered acceptable alternative method. 
Granted for the Barrick Goldstrick Mine with conditions.


    Docket No.: M-97-004-M.

    FR Notice: 62 FR 34312.

    Petitioner: Homestake Mining Company.

    Regulation Affected: 30 CFR 56.6202.

    Summary of Findings: Petitioner's proposal to substitute a flashing 
amber light in place of signs on rubber-tired mobile equipment used in 
the ramp systems and to have the light readily visible from all 
directions, and the flashing amber light would be a natural extension 
of the amber light currently used at the Homestake Mine to delineate 
explosive storage facilities considered acceptable alternative method. 
Granted for the Lead, S.D. Mine with conditions.


    Docket No.: M-97-013-M.

    FR Notice: 63 FR 2700.

    Petitioner: Tg Soda Ash, Inc.

    Regulation Affected: 30 CFR 57.22305.

    Summary of Findings: Petitioner's proposal to operate a 
nonpermissible pump in an area of the mine that was previously a 
shortwall panel, and to operate approved equipment inby the last open 
break or in areas where methane may enter the airstream considered 
acceptable alternative method. Granted for the Wyoming Soda Ash Mine 
with conditions.


    Docket No.: M-95-012-M.

    FR Notice: 61 FR 8306

    Petitioner: Rock of Ages Quarries, Inc.

    Regulation Affected: 30 CFR 56.19003

    Summary of Findings: Petitioner's proposal to use chain drives 
between

[[Page 27309]]

the driving mechanism and the gear train of the hoists considered 
acceptable alternative method. Granted for the Rock of Ages Light Side 
Mine with conditions.

    Docket No.: M-95-013-M

    FR Notice: 61 FR 8306.

    Petitioner: Rock of Ages Quarries, Inc.

    Regulation Affected: 30 CFR 56.19003.

    Summary of Findings: Petitioner's proposal to use chain drives 
between the driving mechanism and the gear train of the hoists 
considered acceptable alternative method. Granted for the Rock of Ages 
Light Side Mine with conditions.


    Docket No.: M-95-014-M.

    FR Notice: 61 FR 8306.

    Petitioner: Rock of Ages Quarries, Inc.

    Regulation Affected: 30 CFR 56.19003.

    Summary of Findings: Petitioner's proposal to use chain drives 
between the driving mechanism and the gear train of the hoists 
considered acceptable alternative method. Granted for the Rock of Ages 
Light Side Mine with conditions.


    Docket No.: M-95-015-M.

    FR Notice: 61 FR 8306.

    Petitioner: Rock of Ages Quarries, Inc.

    Regulation Affected: 30 CFR 56.19003.

    Summary of Findings: Petitioner's proposal to use chain drives 
between the driving mechanism and the gear train of the hoists 
considered acceptable alternative method. Granted for the Rock of Ages 
Light Side Mine with conditions.


    Docket No.: M-95-017-M.

    FR Notice: 61 FR 8307.

    Petitioner: Swenson Granite Company, Inc.

    Regulation Affected: 30 CFR 56.19003.

    Summary of Findings: Petitioner's proposal to use chain drives 
between the driving mechanism and the gear train of the hoists 
considered acceptable alternative method. Granted for the Swenson Gray 
Quarry Mine with conditions.


    Docket No.: M-95-018-M.

    FR Notice: 61 FR 8307.

    Petitioner: Swenson Granite Company, Inc.

    Regulation Affected: 30 CFR 56.19003.

    Summary of Findings: Petitioner's proposal applies to chain drives 
between the driving mechanism and the gear train of the hoists, 
allowing the use of chain drives for such application considered 
acceptable alternative method. Granted for the Lower Quarry Mine with 
conditions.


    Docket No.: M-94-031-M.

    FR Notice: 59 FR 29305.

    Petitioner: Mitsubishi Cement Corporation.

    Regulation Affected: 30 CFR 57.13020.

    Summary of Findings: Petitioner's proposal to establish blow-off 
stations at various places in the plant where employees can clean their 
clothes with compressed air; to install tamper-proof airline regulators 
at each station to ensure that primary operating air pressure is 
consistent; and to post rules for employees to follow when using 
compressed air to clean their clothes considered acceptable alternative 
method. The compressed air would have an OSHA-approved nozzle with 
pressure no greater than 2-6 psi at normal average line pressure. 
Granted for the Cushenbury Plant with conditions.


    Docket No.: M-94-037-M.

    FR Notice: 61 FR 8307.

    Petitioner: Rock of Ages Quarries, Inc.

    Regulation Affected: 30 CFR 56.19003.

    Summary of Findings: Petitioner's proposal to use chain drives 
between the driving mechanism and the gear train of the hoists 
considered acceptable alternative method. Granted for the Rock of Ages 
Light Side Mine with conditions.


    Docket No.: M-81-072-M.

    FR Notice: 47 FR 8898.

    Petitioner: Ziegler Chemical and Mineral Corp.

    Regulation Affected: 30 CFR 57.19-3.

    Summary of Findings: Petitioner's proposal to use a V-belt drive 
personnel hoist known as Hoist B-11 at its gilsonite mines considered 
acceptable alternative method. Granted for Bonanza Mine with 
conditions.

[FR Doc. 99-12550 Filed 5-18-99; 8:45 am]
BILLING CODE 4510-43-P