[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52131-52135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21835]



[[Page 52131]]

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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 (Secretary) 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, as 
designee of the Secretary, has granted or partially granted the 
requests for modification listed below. In some instances, the 
decisions are conditioned upon compliance with stipulations stated in 
the decision. The term ``FR Notice'' appears in the list of affirmative 
decisions below. The term refers to the Federal Register volume and 
page where MSHA published a notice of the filing of the petition for 
modification.

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

    Dated: August 18, 2000.
Carol J. Jones,
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2000-005-C
    FR Notice: 65 FR 10563
    Petitioner: Independence Coal Company, Inc.
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to use air coursed 
through the conveyor belt entry to ventilate active working places by 
installing a low-level carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to course intake 
air to a working place. This is considered an acceptable alternative 
method for the Cedar Grove Mine No. 1. MSHA grants the petition for 
modification for the Cedar Grove Mine No. 1 with conditions.

    Docket No.: M-2000-009-C
    FR Notice: 65 FR 10564
    Petitioner: Performance Coal Company
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to use air coursed 
through the conveyor belt entry to ventilate active working places by 
installing a low-level carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to course intake 
air to a working place. This is considered an acceptable alternative 
method for the Upper Big Branch Mine-South. MSHA grants the petition 
for modification for the Upper Big Branch Mine-South with conditions.

    Docket No.: M-2000-010-C
    FR Notice: 65 FR 10564
    Petitioner: Aracoma Coal Company
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to use air coursed 
through the conveyor belt entry to ventilate active working places by 
installing a low-level carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to course intake 
air to a working place. This is considered an acceptable alternative 
method for the Aracoma Alma Mine No. 1. MSHA grants the petition for 
modification for the Aracoma Alma Mine No. 1 with conditions.

    Docket No.: M-2000-022-C
    FR Notice: 65 FR 19928
    Petitioner: Black Beauty Coal Company
    Regulation Affected: 30 CFR 1909(b)(6)
    Summary of Findings: Petitioner's proposal is to in lieu of front 
wheel brakes on the Getman Roadbuilder six-wheeled diesel grader, limit 
the minimum speed of the grader to less than 10 mph, provide training 
for the grader operators on lowering the moldboard for additional 
stopping capability in emergency situations, and on recognizing the 
appropriate speeds to use on different roadway conditions and slopes. 
This is considered an acceptable alternative method for the Air Quality 
Mine. MSHA grants the petition for modification for the Air Quality 
Mine with conditions.

    Docket No.: M-1999-001-C
    FR Notice: 64 FR 12183
    Petitioner: Mountain Coal Company
    Regulation Affected: 30 CFR 75.701
    Summary of Findings: Petitioner's proposal is to use portable 
diesel generators to move and operate electric powered mobile equipment 
and pumps throughout the mine. This is considered an acceptable 
alternative method for the West Elk Mine. MSHA grants the petition for 
modification for the 480-volt, three-phase, 460 KW diesel powered 
generator (DPG) sets supplying power to a 400 KVA three-phase 
transformer and three-phase 480-, 575-, and 995-Volt power circuits for 
the West Elk Mine with conditions.

    Docket No.: M-1999-002-C
    FR Notice: 64 FR 12183
    Petitioner: Mountain Coal Company
    Regulation Affected: 30 CFR 75.901.
    Summary of Findings: Petitioner's proposal is to use portable 
diesel generators to move and operate electric powered mobile equipment 
and pumps throughout the mine. This is considered an acceptable 
alternative method for the West Elk Mine. MSHA grants the petition for 
modification for the 480-volt, three-phase, 460 KW diesel powered 
generator (DPG) sets supplying power to a 400 KVA three-phase 
transformer and three-phase 480-, 575-, and 995-Volt power circuits for 
the West Elk Mine with conditions.
    Docket No.: M-1999-003-C.
    Petitioner: Peabody Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(4).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation points to monitor the return air course inby and outby the 
seals by establishing evaluation points to monitor the affected area, 
have a certified person monitor the evaluation points on a weekly basis 
to determine the volume of air and the methane and oxygen 
concentrations, and record all examination results in a book maintained 
on the surface of the mine. This is considered an acceptable 
alternative method for the Camp No. 1 Mine. MSHA grants the petition 
for modification for the continuous monitoring using intrinsically safe 
sensors installed as part of the mine's Atmospheric Monitoring System 
(AMS) and weekly evaluation of air entering and leaving approximately 
900 feet of return air course which ventilates the inaccessible 4th 
Panel West Mine seals and an inaccessible portion of the North Main 
return air course for the Camp No. 1 Mine with conditions.

[[Page 52132]]

    Docket No.: M-1999-004-C.
    FR Notice: 64 FR 12183.
    Petitioner: Peabody Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation points to monitor the return air course inby and outby the 
seals by establishing evaluation points to monitor the affected area, 
have a certified person monitor the evaluation points on a weekly basis 
to determine the volume of air and the methane and oxygen 
concentrations, and record all examination results in a book maintained 
on the surface of the mine. This is considered an acceptable 
alternative method for the Camp No. 1 Mine. MSHA grants the petition 
for modification for the evaluation of airflow through an approximately 
1,450-foot-long, unsafe-to-travel segment of common return air course 
entries in Main North for the Camp No. 1 Mine with conditions.

    Docket No.: M-1999-010-C.
    FR Notice: 64 FR 16760.
    Petitioner: D & D Coal Company
    Regulation Affected: 30 CFR 75.1200(d)
    Summary of Findings: Petitioner's proposal is 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 1000 feet of the 
veins being mined except when veins are interconnected to other veins 
beyond the 100-foot limit through rock tunnels. This is considered an 
acceptable alternative method for the 7 Ft. Drift Mine. MSHA grants the 
petition for modification for the 7 Ft. Drift Mine with conditions.

    Docket No.: M-1999-030-C
    FR Notice: 64 FR 32551
    Petitioner: Snyder Coal Company
    Regulation Affected: 30 CFR 75.360
    Summary of Findings: Petitioner's proposal is to visually examine 
each seal for physical damage from the slope gunboat during the 
preshift examination after an air quantity reading is taken just inby 
the intake portal; air reading and gas test for methane, carbon 
dioxide, and oxygen deficiency taken at the intake air split locations 
just off the slope in the gangway portion of the working section; and 
have the examiner reading the air and gas test record the date, time, 
his/her initials, and results of the readings at a sufficient location 
on the surface and correct all hazards prior to transporting personnel 
into the slope. This is considered an acceptable alternative method for 
the Rattling Run Slope Mine. MSHA grants the petition for modification 
for the Rattling Run Slope Mine with conditions.

    Docket No.: M-1999-031-C
    FR Notice: 64 FR 32551
    Petitioner: Snyder Coal Company
    Regulation Affected: 30 CFR 75.364(b)(1), (4) and (5)
    Summary of Findings: Petitioner's proposal is to preshift examine 
the intake haulage slope and primary escapeway areas from the gunboat/
slope car with an alternative air quality evaluation at the section's 
intake gangway level, and travel and thoroughly examine these areas for 
hazardous conditions once a month and record the date, time, and his/
her initials at an appropriate location on the surface due to 
significant fall hazards. This is considered an acceptable alternative 
method in part, for the Rattling Run Slope Mine. MSHA grants the 
petition for modification 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 on a monthly basis for 
the Rattling Run Slope Mine with conditions.

    Docket No.: M-1999-034-C
    FR Notice: 64 FR 32552
    Petitioner: Snyder Coal Company
    Regulation Affected: 30 CFR 75.1400(c)
    Summary of Findings: Petitioner's proposal is to use a slope 
conveyance gunboat in transporting persons without installing safety 
catches or other no less effective devices, but instead use an 
increased rope strength/safety factor and secondary safety rope 
connection. This is considered an acceptable alternative method for the 
Rattling Run Slope Mine. MSHA grants the petition for modification for 
the Rattling Run Slope Mine with conditions.

    Docket No.: M-1999-037-C
    FR Notice: 64 FR 32552
    Petitioner: Mingo Logan Coal Company
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to install a low-
level carbon monoxide monitoring as an automatic fire detection as an 
early warning system in all conveyor belt entries to be used to 
ventilate working places. This is considered an acceptable alternative 
method for the Mountaineer Alma A Mine. MSHA grants the petition for 
modification for the Mountaineer Alma A Mine with conditions.

    Docket No.: M-1999-052-C
    FR Notice: 64 FR 41139
    Petitioner: West Ridge Resources, 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 rather than every 8 feet 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, have the automatic 
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. This is an acceptable alternative method for 
the West Ridge Mine. MSHA grants the petition for modification for the 
water sprinkler system arrangement installed for fire protection on 
belt conveyors for the West Ridge Mine with conditions.

    Docket No.: M-1999-058-C
    FR Notice: 64 FR 41140
    Petitioner: Knott County Mining Company
    Regulation Affected: 30 CFR 75.900
    Summary of Findings: Petitioner's proposal to use contactors for 
undervoltage protection as an alternative to using circuit breakers. 
This is considered an acceptable alternative method for the Panther 
Lick Mine. MSHA grants the petition for modification to allow the use 
of vacuum contactors to provide undervoltage and overload protection 
and monitor the grounding conductors for 480-volt belt conveyor drive 
motors and water pump motors greater than 5 horsepower located in the 
panther Lick Mine with conditions.

    Docket No.: M-1999-064-C
    FR Notice: 64 FR 49246
    Petitioner: Bowie Resources, Ltd.
    Regulation Affected: 30 CFR 75.804(a)
    Summary of Findings: Petitioner's proposal is to use high-voltage 
cables that comply with the existing standard or CABLEC/BICC Anaconda 
brand KV,3C type SHD+GC or similar 5,000 volt cable with a center 
ground check conductor, but otherwise manufactured to the ICEA Standard 
S-75-381 for type SHD, three-conductor cables. This is considered an 
acceptable alternative method for the Bowie Mine No. 2. MSHA grants the 
petition for modification for the Bowie Mine No. 2 with conditions.

    Docket No.: M-1999-074-C
    FR Notice: 64 FR 55492
    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

[[Page 52133]]

sprinklers located on 10-foot centers rather than every 8 feet 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, 
have the automatic 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. This is an acceptable 
alternative method for the Mousie H4 Mine. MSHA grants the petition for 
modification for the water sprinkler system arrangement installed for 
fire protection on belt conveyors for the Mousie H4 Mine with 
conditions.

    Docket No.: M-1999-077-C
    FR Notice: 64 FR 55493
    Petitioner: Consol of Kentucky, Inc.
    Regulation Affected: 30 CFR 75.701
    Summary of Findings: Petitioner's proposal is to obtain a low- and 
medium-voltage, three-phase, alternating current for use underground 
from a portable diesel-driven generator and to connect the neutral of 
the generator's transformer secondary through a suitable resistor to 
the frame of the diesel generator. This is considered an acceptable 
alternative method for the Mousie H4 Mine. MSHA grants the petition for 
modification for the 480-volt, three-phase, 188W diesel powered 
generator (DPG) set supplying power to a 20 KVA three-phase transformer 
and three-phase 600-volt and 995-volt power circuits at the Mousie H4 
Mine with conditions.

    Docket No.: M-1999-080-C
    FR Notice: 64 FR 55493
    Petitioner: Wayne Processing, Inc.
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device to secure battery plugs to machine mounted 
receptacles instead of using padlocks. This is considered an acceptable 
alternative method for the No. 1 Mine. MSHA grants the petition for 
modification for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs at the No. 1 Mine with 
conditions.

    Docket No.: M-1999-081-C
    FR Notice: 64 FR 55493
    Petitioner: Sheep Fork Energy, Inc.
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device to secure battery plugs to machine mounted 
receptacles instead of using padlocks. This is considered an acceptable 
alternative method for the No. 6 Mine. MSHA grants the petition for 
modification for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs at the No. 6 Mine with 
conditions.

    Docket No.: M-1999-083-C
    FR Notice: 64 FR 55493
    Petitioner: Garrett Mining, Inc.
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device to secure battery plugs to machine mounted 
receptacles instead of using padlocks. This is considered an acceptable 
alternative method for the No. 2 Mine. MSHA grants the petition for 
modification for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs at the No. 2 Mine with 
conditions.

    Docket No.: M-1999-084-C
    FR Notice: 64 FR 57661
    Petitioner: Clark Elkhorn Coal Company
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device to secure battery plugs to machine mounted 
receptacles instead of using padlocks. This is considered an acceptable 
alternative method for the Ratliff Mine. MSHA grants the petition for 
modification for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs at the Ratliff Mine with 
conditions.

    Docket No.: M-1999-085-C
    FR Notice: 64 FR 57661
    Petitioner: Matrix Coal Company
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device to secure battery plugs to machine mounted 
receptacles instead of using padlocks. This is considered an acceptable 
alternative method for the Mohawk Mine. MSHA grants the petition for 
modification for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs at the Mohawk Mine with 
conditions.

    Docket No.: M-1999-086-C
    FR Notice: 64 FR 57661
    Petitioner: Remington Coal Company, Inc.
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device to secure battery plugs to machine mounted 
receptacles instead of using padlocks. This is considered an acceptable 
alternative method for the Stockburg Mine. MSHA grants the petition for 
modification for the use of permanently installed spring-loaded locking 
devices in lieu of padlocks on battery plugs at the Stockburg No. 1 
Mine with conditions.

    Docket No.: M-1999-087-C
    FR Notice: 64 FR 57661
    Petitioner: Goodin Creek Contracting, Inc.
    Regulation Affected: 30 CFR 75.380(f)(4)
    Summary of Findings: Petitioner's proposal is to install two ten 
pound portable chemical fire extinguishers in the operators' deck of 
each Mescher three wheel tractor readily accessible to the operator, 
have the operator inspect each fire extinguisher daily prior to 
entering the escapeway, maintain records of inspections, and maintain a 
sufficient number of spare fire extinguishers at the mine in case the 
fire extinguisher becomes defective. This is considered an acceptable 
alternative method for the Goodin Creek Mine. MSHA grants the petition 
for modification for the Mescher three wheel tractors to be operated in 
the primary escapeway at the Goodin Creek Mine with conditions.

    Docket No.: M-1999-088-C
    FR Notice: 64 FR 57662
    Petitioner: Canfield Energy, Inc.
    Regulation Affected: 30 CFR 75.380(f)(4)(i)
    Summary of Findings: Petitioner's proposal is to install two ten 
pound portable chemical fire extinguishers in the operators' deck of 
each Mescher three wheel tractor readily accessible to the operator, 
have the operator inspect each fire extinguisher daily prior to 
entering the escapeway, maintain record of inspections, and maintain a 
sufficient number of spare fire extinguishers at the mine in case the 
fire extinguisher becomes defective. This is considered an acceptable 
alternative method for the Canfield #5 Mine. MSHA grants the petition 
for modification for the Mescher three wheel tractors to be operated in 
the primary escapeway at the Canfield #5 Mine with conditions.

    Docket No.: M-1999-089-C
    FR Notice: 64 FR 57662
    Petitioner: Canfield Energy, Inc.
    Regulation Affected: 30 CFR 75.342
    Summary of Findings: Petitioner's proposal is to use a hand-held 
continuous duty methane, oxygen, and carbon monoxide detector instead 
of machine-mounted methane monitors on three-wheel tractors used to 
load and haul coal from the mine faces. This is considered an 
acceptable alternative method for the Canfield #5 Mine. MSHA grants the 
petition for modification for the Mescher permissible three-wheel 
battery-powered tractors used to load coal at the Canfield #5 Mine with 
conditions.

    Docket No.: M-1999-091-C
    FR Notice: 64 FR 57662

[[Page 52134]]

    Petitioner: Mallie Coal Company, Inc.
    Regulation Affected: 30 CFR 75.342
    Summary of Findings: Petitioner's proposal is to use a hand-held 
continuous duty methane, oxygen, and carbon monoxide detector instead 
of machine-mounted methane monitors on three-wheel tractors used to 
load and haul coal from the mine faces. This is considered an 
acceptable alternative method for the Mine No. 4. MSHA grants the 
petition for modification for the Mescher permissible three-wheel 
battery-powered tractors used to load coal at the Mine No. 4 with 
conditions.

    Docket No.: M-1999-093-C
    FR Notice: 64 FR 57662
    Petitioner: RAG Empire Corporation
    Regulation Affected: 30 CFR 75.507
    Summary of Findings: Petitioner's proposal is to use a 480-volt 
non-permissible pump in boreholes in sealed areas of the mine. This is 
considered an acceptable alternative method for the Eagle No. 5 Mine. 
MSHA grants the petition for modification for the Eagle No. 5 Mine with 
conditions.

    Docket No.: M-1999-094-C
    FR Notice: 64 FR 57662
    Petitioner: RAG Empire Corporation
    Regulation Affected: 30 CFR 75.902
    Summary of Findings: Petitioner's proposal is to use a 480-volt 
non-permissible pump in boreholes in sealed areas at 1 North areas of 
the mine. This is considered an acceptable alternative method for the 
Eagle No. 5 Mine. MSHA grants the petition for modification for the 
North Angle Pump at the Eagle No. 5 Mine with conditions.

    Docket No.: M-1999-097-C
    FR Notice: 64 FR 57663
    Petitioner: Drummond Company, Inc.
    Regulation Affected: 30 CFR 75.1909(b)(6)
    Summary of Findings: Petitioner's proposal is to use its Getman 
diesel grader without individual service brakes on all grader wheels; 
equip the grader with services brakes on each drive wheel and 
stationary emergency brakes; to limit the tramming speed of the grader 
to 10 miles per hour; and train grader operators to check the function 
of the brakes during pre-operational checks and if required, train the 
operators to lower the grader blade to the ground as an additional 
braking mechanism and while the grader is parked. This is considered an 
acceptable alternative method for the Shoal Creek Mine. MSHA grants the 
petition for modification limited in application to the Getman/Model 
RDG-1504 (Serial No. 6297) at the Shoal Creek Mine with conditions.

    Docket No.: M-1999-099-C
    FR Notice: 64 FR 57663
    Petitioner: J & A Coal Corporation
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to a spring loaded 
locking device to secure battery plugs into machine mounted receptacle 
on mobile battery powered equipment instead of using padlocks. This is 
considered an acceptable alternative method for the No. 1 Mine. MSHA 
grants the petition for modification the use of permanently installed 
spring-loaded locking devices in lieu of padlocks on battery plugs at 
the No. 1 Mine with conditions.
    Docket No.: M-1999-103-C
    FR Notice: 64 FR 57663
    Petitioner: Consol of Kentucky, Inc.
    Regulation Affected: 30 CFR 75.901(a)
    Summary of Findings: Petitioner's proposal is to use low- and 
medium-voltage, three-phase, alternating current for use underground 
from a portable diesel-driven generator and to connect the neutral of 
the generator's transformer secondary through a suitable resistor to 
the frame of the diesel generator. This is considered an acceptable 
alternative method for the Mousie H4 Mine. MSHA grants the petition for 
modification for use of the 480-volt, three-phase, 188KW diesel powered 
generator (DPG) set supplying power to a 200 KVA three-phase 
transformer and three-phase 600-volt and 995-volt power circuits at the 
Mousie H4 Mine with conditions.

    Docket No.: M-1999-105-C
    FR Notice: 64 FR 57664
    Petitioner: Alex Energy, Inc.
    Regulation Affected: 30 CFR 75.1700
    Summary of Findings: Petitioner's proposal is to plug and mine 
through oil and gas wells and to notify the District Manager or 
designee prior to mining within 300 feet of the well. This is 
considered an acceptable alternative method for the Jerry Fork Eagle 
Mine. MSHA grants the petition for modification 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 Eagle Coal Seam and 
other mineable coal seams at the Jerry Fork Eagle Mine with conditions.

    Docket No.: M-1999-106-C
    FR Notice: 64 FR 70054
    Petitioner: Energy Fuels Coal, Inc.
    Regulation Affected: 30 CFR 75.901
    Summary of Findings: Petitioner's proposal is to use a diesel 
generator to move equipment from section to section, and use a roof 
bolter to rehabilitate remote areas of the mine with a genset 480 vac 
three-phase, mounted and grounded to a metal sled with an area of 60 
square feet that is in contact with damp mine floor at all times. This 
is considered an acceptable alternative method for the South Field 
Mine. MSHA grants the petition for modification for 480-volt, three-
phase, 135KW diesel powered generator (DPG set supplying power to a 169 
KVA three-phase transformer and three-phase 480-volt and 995-volt power 
circuits at the South Field Mine with conditions.

    Docket No.: M-1999-111-C
    FR Notice: 64 FR 70054
    Petitioner: Ohio County Coal Company
    Regulation Affected: 30 CFR 75.1103-4(a)
    Summary of Findings: Petitioner's proposal is to install a low-
level carbon monoxide system as an early warning fire detection system 
in all belt entries where a monitoring system identifies a sensor 
location instead of identifying each belt flight. This is an acceptable 
alternative method for the Freedom Mine. MSHA grants the petition for 
modification for the Freedom Mine with conditions.

    Docket No.: M-1999-112-C
    FR Notice: 64 FR 70054
    Petitioner: Bledsoe Coal Corporation
    Regulation Affected: 30 CFR 75.900
    Summary of Findings: Petitioner's proposal is to use contactors for 
protection on circuit breakers instead of using under-voltage 
protection and continue using short circuit breakers for interrupting 
retrips. This is considered an acceptable alternative method for the 
Mine No. 4, and Mine No. 60. MSHA grants the petition for modification 
for the Mine No. 4, and Mine No. 60 with conditions.

    Docket No.: M-1999-113-C
    FR Notice: 64 FR 70054
    Petitioner: Mountain Coal Company
    Regulation Affected: 30 CFR 75.1909(b)(6)
    Summary of Findings: Petitioner's proposal is to equip its road 
graders with service brakes on the rear wheels and limit the speed to a 
maximum of 15 miles per hour, train all personnel who operate the 
graders on proper techniques for lowering the blade additional slowing 
or stopping capability is needed. This is considered an acceptable 
alternative method for the West Elk Mine. MSHA grants the petition for 
modification for use of the Getman, Serial No. 6275, and Arnold, Serial 
No. 7773695, diesel graders with the speed of the grader limited to 10 
miles per hour at the West Elk Mine with conditions.

    Docket No.: M-1999-114-C
    FR Notice: 64 FR 70055
    Petitioner: Snyder Coal Company

[[Page 52135]]

    Regulation Affected: 30 CFR 75.1200(d) & (i)
    Summary of Findings: Petitioner's proposal is 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 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. This is considered an 
acceptable alternative method for the Rattling Run Mine. MSHA grants 
the petition for modification 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 at the Rattling Run 
Slope Mine with conditions.

    Docket No.: M-1999-115-C
    FR Notice: 64 FR 70055
    Petitioner: Wabash Mine Holding Company
    Regulation Affected: 30 CFR 75.364(b)(2) and (b)(4)
    Summary of Findings: Petitioner's proposal is to establish a 
permanent monitoring station to monitor the air for oxygen and methane 
after it passes the seals and links the monitoring station to the mine-
wide monitoring (DAN) system and evaluate the air that passes through 
the seals on a weekly basis due to unsafe roof conditions. This is 
considered an acceptable alternative method for the Wabash Mine. MSHA 
grants the petition for modification for continuous monitoring using 
intrinsically safe sensors installed as part of the mine's Atmospheric 
Monitoring System (AMS) and preshift examination and evaluation of air 
entering and leaving approximately 900 feet of designated return air 
course that ventilates the seven inaccessible Main West Mine seals at 
the Wabash Mine with conditions.

    Docket No.: M-1999-121-C
    FR Notice: 64 FR 70732
    Petitioner: Long Branch Energy
    Regulation Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal is to replace a padlock 
on battery plug connectors on mobile battery-powered machines with a 
threaded ring and a permanently installed spring-loaded device to 
prevent the plug connector from accidently disengaging while under 
load. This is considered an acceptable alternative method for the Long 
Branch Energy #18 Mine. MSHA grants the petition for modification for 
the Long Branch Energy #18 Mine with conditions.

    Docket No.: M-1999-124-C
    FR Notice: 64 FR 70732
    Petitioner: Independence Coal Company, Inc.
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to use belt air to 
ventilate active working places by installing a low-level carbon 
monoxide detection system as an early warning fire detection system in 
all belt entries used as intake air courses. This is considered an 
acceptable alternative method for the Justice No. 1 Mine. MSHA grants 
the petition for modification for the Justice No. 1 Mine with 
conditions.

    Docket No.: M-1999-147-C
    FR Notice: 65 FR 5701
    Petitioner: Old Ben Coal Company
    Regulation Affected: 30 CFR 75.900
    Summary of Findings: Petitioner's proposal is to amend Item #1 of 
its previously granted petition for modification, docket number M-96-
147-C, to read as follows: ``The petition for modification shall apply 
only to the requirement for under-voltage and grounded phase protection 
for three-phase circuits supplying stationary belt drive installations 
presently in use or installed in the future.'' This is considered an 
acceptable alternative method for the Zeigler #11 Mine. MSHA grants the 
petition for modification for the Zeigler #11 Mine with conditions.

    Docket No.: M-1999-149-C
    FR Notice: 65 FR 5701
    Petitioner: Fork Creek Mining Company
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to use air coursed 
through the belt haulage entry to ventilate active working places by 
installing a carbon monoxide monitoring system as an early warning fire 
detection system in all belt entries used to carry intake air to a 
working place. This is considered an acceptable alternative method for 
the Fork Creek No. 1 Mine. MSHA grants the petition for modification 
for the Fork Creek No. 1 Mine with conditions.

    Docket No.: M-1998-109-C
    FR Notice: 64 FR 2519
    Petitioner: Meadow River Coal Company
    Regulation Affected: 30 CFR 75.350
    Summary of Findings: Petitioner's proposal is to use belt entry as 
an intake airway by installing a low-level carbon monoxide detection 
system in all belt entries used as intake air courses as an early 
warning fire detection system (carbon monoxide monitoring system). This 
is considered an acceptable alternative method for the Meadow River No. 
1 Mine. MSHA grants the petition for modification to allow air coursed 
through conveyor belt entries to be used to ventilate working places at 
the Meadow River No. 1 Mine with conditions.

    Docket No.: M-1999-002-M
    FR Notice: 64 FR 23874
    Petitioner: ASARCO, Inc.
    Regulation Affected: 30 CFR 56.14100(a)
    Summary of Findings: Petitioner's proposal is to have a single 
qualified employee conduct the required pre-shift inspections of the 
buses used to transport miners for the oncoming shift, rather than the 
individual bus drivers who operate the vehicles on the shift. This is 
considered an acceptable alternative method for the ASARCO Ray Complex 
Mine. MSHA grants the petition for modification for the ASARCO Ray 
Complex Mine with conditions.

[FR Doc. 00-21835 Filed 8-25-00; 8:45 am]
BILLING CODE 4510-43-P