[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Pages 28560-28565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13042]


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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 existing 
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 an existing 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 at Arlington, Virginia this 16th day of May 2001.
David L. Meyer,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Petitioner: Sidney Coal Company, Inc.

[Docket No.: M-2000-002-C]

    FR Notice: 65 FR 10563.
    Regulation Affected: 30 CFR 75.1902(d)(1).
    Summary of Findings: Petitioner's proposal is to have its 
underground fuels storage facilities remain at the present location and 
make the following changes and adjustments for safety concerns: (i) 
Offset the fuel tank 35 feet from any track or transportation; (ii) 
maintain the storage facility out of direct line of flatcars, mantrips, 
and other equipment that is moving up or down the slope; (iii) 
ventilate the facility directly into the return air course and equip 
the facility with a fire suppression system and other safety features, 
and fireproof and inspect the facility on a daily basis, and (iv) add a 
carbon monoxide sensor. This is considered an acceptable alternative 
method for the Mine #1. MSHA grants the petition for modification for a 
permanent underground diesel fuel storage facility installed within 100 
feet of a slope in the Mine #1 with conditions.

    Petitioner: Europa Coal Company.

[Docket No.: M-2000-013-C]

    FR Notice: 65 FR 16966.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a 2,400 volt 
Joy 14CM continuous miner instead of a 1,000 volt continuous miner inby 
the last open crosscut and within 150 feet from pillar workings. This 
is considered an acceptable alternative method for the Europa Mine. 
MSHA grants the petition for modification for the Europa Mine with 
conditions.

    Petitioner: Big Ridge, Inc. (Formerly Sugar Camp Coal, LLC).

[Docket No.: M-2000-021-C]

    FR Notice: 65 FR 19928.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use air coursed 
through belt haulage entries to ventilate active working places. The 
petitioner proposes to install a low-level carbon monoxide detection 
system in the supply road with branches extended to the belt line at 
certain locations as an early warning fire detection system. This is 
considered an acceptable alternative method for the Willow Lake Portal 
Mine. MSHA grants the petition for modification for the Willow Lake 
Portal Mine to allow air coursed through conveyor belt entries to be 
used to ventilate working places with conditions.

    Petitioner: West Ridge Resources, Incorporated.

[Docket No.: M-2000-025-C]

    FR Notice: 65 FR 19928.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to: (i) Install gear 
lockout devices on its diesel grader to limit the speed to a maximum of 
10 miles per hour when operating the grader in an underground coal mine 
or on the surface of an underground coal mine; and (ii) provide 
training to every grader operator on the proper techniques for lowering 
the blade to restrict the speed and to stop the grader, on the proper 
gear selection for grading, and on the proper speed for grading. This 
is considered an acceptable alternative method for the West Ridge Mine. 
MSHA grants the petition for modification for the West Ridge mine with 
conditions.

    Petitioner: Andalex Resources, Incorporated.

[Docket No.: M-2000-026-C]

    FR Notice: 65 FR 19928.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to: (i) Install gear 
lockout devices on its diesel grader to limit the speed to a maximum of 
10 miles per hour when operating the grader in an underground coal mine 
or on the surface of an underground coal mine; and (ii) provide 
training to every grader operator on the proper techniques for lowering 
the blade to restrict the speed and to stop the grader, on the proper 
gear selection for grading, and on the proper speed for grading. This 
is considered an acceptable alternative method for the Aberdeen Mine 
and Pinnacle Mine. MSHA grants the petition for modification for the 
Aberdeen Mine and Pinnacle Mine with conditions.

    Petitioner: Elk Run Coal Company, Inc.

[Docket No.: M-2000-028-C]

    FR Notice: 65 FR 31611.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use continuous 
mining machines with nominal voltage not to exceed 2,300 volts. This is 
considered an acceptable alternative method for the White Knight Mine. 
MSHA grants the petition for modification for the White Knight Mine to 
use 2,400-volt

[[Page 28561]]

continuous miner system(s) with conditions.

    Petitioner: B & B Anthracite Coal Company.

[Docket No.: M-2000-029-C]

    FR Notice: 65 FR 31611.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Rock Ridge Slope Mine. MSHA grants the petition for 
modification for the Rock Ridge Slope Mine with conditions.

    Petitioner: West Ridge Resources, Inc.

[Docket No.: M-2000-030-C]

    FR Notice: 65 FR 31611.
    Regulation Affected: 30 CFR 75.500(d).
    Summary of Findings: Petitioner's proposal is to use non-
permissible low voltage or battery powered electronic testing and 
diagnostic equipment in or inby the last open crosscut. This is 
considered an acceptable alternative method for the West Ridge Mine. 
MSHA grants the petition for modification for the West Ridge Mine with 
conditions.

    Petitioner: Freeman United Coal Mining Company.

[Docket No.: M-2000-037-C]

    FR Notice: 65 FR 31609.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to operate its 
diesel-powered road grader without front wheel brakes. The petitioner 
proposes to operate its diesel grader at a maximum speed of 10 miles 
per hour, lower the grader blade (mold board) to increase stopping 
capability in emergencies, and provide training for the grader 
operators on how to recognize appropriate levels of speed for different 
road and slope conditions. This is considered an acceptable alternative 
method for the Crown II Mine. MSHA grants the petition for modification 
for the Crown II Mine with conditions.

    Petitioner: Neumeister Coal Company.

[Docket No.: M-2000-038-C]

    FR Notice: 65 FR 31610.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the No. 2 Slope Mine. MSHA grants the petition for 
modification for the No. 2 Slope Mine with conditions.

    Petitioner: Tito Coal.

[Docket No.: M-2000-039-C]

    FR Notice: 65 FR 31610.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Whites Vein Mine. MSHA grants the petition for 
modification for the Whites Vein Slope Mine with conditions.

    FR Notice: 65 FR 40141.
    Petitioner: Bowie Resources, Ltd.

[Docket No.: M-2000-048-C]

    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to use a 460 KW, 480-
volt wye connected diesel-powered generator for utility power and to 
move and operate electrically powered mobile equipment and stationary 
equipment throughout the mine. This is considered an acceptable 
alternative method for the Bowie #2 Mine. MSHA grants the petition for 
modification for the 480-volt, three-phase, 460KW diesel-powered 
generator (DPG) set, Serial No. 26630-12/99, supplying power to a 400-
KVA three-phase auto-transformer and three-phase 480-, and 995-volt 
power circuits for the Bowie #2 Mine with conditions.

    FR Notice: 65 FR 40141.
    Petitioner: Bowie Resources, Ltd.

[Docket No.: M-2000-049-C]

    Regulation Affected: 30 CFR 75.500(d).
    Summary of Findings: Petitioner's proposal is to use non-
permissible low voltage or battery powered electronic testing and 
diagnostic equipment in or inby the last open crosscut. This is 
considered an acceptable alternative method for the Bowie #2 Mine. MSHA 
grants the petition for modification for the Bowie #2 Mine with 
conditions.

    FR Notice: 65 FR 40141.
    Petitioner: Bowie Resources, Ltd.

[Docket No.: M-2000-050-C]

    Regulation Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal is to use non-
permissible low voltage or battery powered electronic testing and 
diagnostic equipment within 150 feet of pillar workings. This is 
considered an acceptable alternative method for the Bowie #2 Mine. MSHA 
grants the petition for modification for the Bowie #2 Mine under 
controlled conditions and upon compliance with the terms and conditions 
in the Proposed Decision and Order.

    FR Notice: 65 FR 40141.
    Petitioner: Alex Energy, Inc.

[Docket No.: M-2000-051-C]

    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use high-voltage 
longwall mining equipment, with the nominal voltage of longwall 
circuits not to exceed 4,160 volts. This is considered an acceptable 
alternative method for the Jerry Fork Eagle Mine. MSHA grants the 
petition for modification for the Jerry Fork Eagle Mine with 
conditions.

    FR Notice: 65 FR 40141.
    Petitioner: Rustler Coal Company.

[Docket No.: M-2000-053-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Orchard Slope Mine. MSHA grants the petition for 
modification for the Orchard Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: M & H Coal Company.

[Docket No.: M-2000-057-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Mercury Slope Mine. MSHA grants the petition for 
modification for the Mercury Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: UAE CoalCorp Associates.

[Docket No.: M-2000-058-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Harmony Mine. MSHA grants the petition for modification 
for the Harmony Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: M & M Coal Company.

[Docket No.: M-2000-059-C]

    Regulation Affected: 30 CFR 49.2(b).

[[Page 28562]]

    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the LV #3 Vein Slope Mine. MSHA grants the petition for 
modification for the LV #3 Vein Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: L Coal Company.

[Docket No.: M-2000-060-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Lenig Tunnel Mine. MSHA grants the petition for 
modification for the Lenig Tunnel Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: A. L. Coal Company.

[Docket No.: M-2000-061-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Robert L. Derck Mine. MSHA grants the petition for 
modification for the Robert L. Derck Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Three W. M. U. G Mine Company.

[Docket No.: M-2000-063-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Orchard Slope Mine. MSHA grants the petition for 
modification for the Orchard Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Snyder Coal Company.

[Docket No.: M-2000-065-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serve both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Rattling Run Mine. MSHA grants the petition for 
modification for the Rattling Run Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Snyder Coal Company.

[Docket No.: M-2000-066-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the N. & L. Slope Mine. MSHA grants the petition for 
modification for the N. & L. Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: S & M Coal Company.

[Docket No.: M-2000-067-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Buck Mountain Slope Mine. MSHA grants the petition for 
modification for the Buck Mountain Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: R S & W Coal Company, Inc.

[Docket No.: M-2000-068-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the R. S. & W. Drift Mine. MSHA grants the petition for 
modification for the R. S. & W. Drift Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Rhen Coal Company.

Docket No.: M-2000-069-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Skidmore Slope Mine. MSHA grants the petition for 
modification for the Skidmore Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: R & D Coal Company.

[Docket No.: M-2000-070-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Buck Mt. Slope Mine. MSHA grants the petition for 
modification for the Buck Mt. Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Primrose Coal Company No. 2.

[Docket No.: M-2000-071-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Buck Mountain Vein Slope Mine. MSHA grants the petition 
for modification for the Buck Mountain Vein Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Nowacki Coal Company.

[Docket No.: M-2000-072-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Nowacki Coal Co. Slope Mine. MSHA grants the petition 
for modification for the Nowacki Coal Co. Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Little Rock Coal Company.

[Docket No.: M-2000-0074-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the No. 1 Slope Mine. MSHA grants the petition for 
modification for the No. 1 Slope Mine with conditions.

    FR Notice: 65 FR 40140.

[[Page 28563]]

    Petitioner: Little Buck Coal Company.

[Docket No.: M-2000-075-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the #3 Slope Buck Mtn. Mine. MSHA grants the petition for 
modification for the #3 Slope Buck Mtn. Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Jordan Coal Company.

[Docket No.: M-2000-076-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Jordan #1 Slope Mine. MSHA grants the petition for 
modification for the Jordan #1 Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Joliett Coal Company.

[Docket No.: M-2000-077-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the #3 Vein Slope Mine. MSHA grants the petition for 
modification for the #3 Vein Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: R & R Coal Company (Formerly B & L Coal Co.).

[Docket No.: M-2000-079-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the R & R Coal Company Mine. MSHA grants the petition for 
modification for the R & R Coal Company Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: F. K. Z. Coal Company.

[Docket No.: M-2000-080-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the No. 1 Slope Mine. MSHA grants the petition for 
modification for the No. 1 Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: D & D Company.

[Docket No.: M-2000-082-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the Primrose Slope Mine. MSHA grants the petition for 
modification for the Primrose Slope Mine with conditions.

    FR Notice: 65 FR 40140.
    Petitioner: Chestnut Coal Company.

[Docket No.: M-2000-083-C]

    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce its mine 
rescue teams to two teams with three members each and one alternate who 
serves both teams, instead of having two mine rescue teams with five 
members and one alternate. This is considered an acceptable alternative 
method for the No. 10 Slope Mine. MSHA grants the petition for 
modification for the No. 10 Slope Mine with conditions.

    FR Notice: 65 FR 49017.
    Petitioner: Pine Ridge Coal Company.

[Docket No.: M-2000-085-C]

    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to modify its 
previously granted petition for modification, docket number M-98-004-C, 
to allow 2,400 volt cables to be used inby the last open crosscut at 
the working continuous miner sections at the Pine Ridge Coal Company, 
Robin Hood No. 9 Mine (I.D. No. 46-02143), be transferred to its Whites 
Branch Mine (I.D. No. 46-08827). This is considered an acceptable 
alternative method for the Pine Ridge Coal Company, Whites Branch Mine. 
MSHA grants the petition for modification for the 2,400-volt continuous 
miner system(s) used at the Whites Branch Mine with conditions, and 
grants application for relief to give effect to September 12, 2000, 
proposed decision and order.
    FR Notice: 65 FR 49017.
    Petitioner: The Pittsburgh & Midway Coal Mining Company.

[Docket No.: M-2000-087-C]

    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and abandon 
oil and gas wells, and mine through the oil and gas wells with a 
longwall mining machine instead of maintaining a 300-foot barrier 
around the well. This is considered an acceptable alternative method 
for the North River No. 1 Mine. MSHA grants the petition for 
modification for the North River No. 1 Mine with conditions.

    FR Notice: 65 FR 49018.
    Petitioner: 3-D Management Services, Inc.

[Docket No.: M-2000-092-C]

    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device on battery plug connectors on mobile battery-powered 
machines to prevent the plug connector from accidently disengaging 
while under load instead of using padlocks. This is considered an 
acceptable alternative method for the Campbells Creek #5 Mine. MSHA 
grants the petition for modification for the Campbells Creek #5 Mine 
with conditions.

    FR Notice: 65 FR 58821.
    Petitioner: Marfork Coal Co., Inc.

[Docket No.: M-2000-121-C]]

    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use high-voltage 
(2,400-volt) cables to power longwall mining equipment. This is 
considered an acceptable alternative method for the Coon Cedar Grove 
Mine. MSHA grants the petition for modification for the 2,400-volt 
continuous miner system(s) at the Coon Cedar Grove Mine with 
conditions.

    Petitioner: D & A Resources, Inc.

[Docket No.: M-2000-122-C]

    FR Notice: 65 FR 64261.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to use a threaded 
ring and a spring-loaded device on battery plug connectors on mobile 
battery-powered machines to prevent the plug connector from accidently 
disengaging while under load instead of using padlocks. This is 
considered an acceptable alternative method for the Mine No. 4. MSHA 
grants the petition for modification for the Mine No. 4 with 
conditions.

    Petitioner: Magic Coal Company.

[Docket No.: M-2000-130-C]

    FR Notice: 65 FR 64262.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to use a threaded 
ring and

[[Page 28564]]

a spring-loaded device on battery plug connectors on mobile battery-
powered machines to prevent the plug connector from accidently 
disengaging while under load instead of using padlocks. This is 
considered an acceptable alternative method for the Magic Mine. MSHA 
grants the petition for modification for the Magic Mine with 
conditions.

    Petitioner: Peabody Coal Company.

[Docket No.: M-2000-133-C]

    FR Notice: 65 FR 64262.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded metal locking device to secure battery connecting plugs to 
machine-mounted battery receptacles on permissible mobile battery-
powered scoop cars and tractors to prevent the cable plug from 
inadvertently disengaging from the receptacle instead of using 
padlocks. This is considered an acceptable alternative method for the 
Camp #11 Mine. MSHA grants the petition for modification for the Camp 
#11 Mine with conditions.

    Petitioner: Consolidation Coal Company.

[Docket No.: M-1999-023-C]

    FR Notice: 64 FR 25517.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation points A and B to measure air and gas due to hazardous 
conditions in certain areas of the return air course, to maintain the 
evaluation points in good condition at all times, and to have a 
certified person test for methane and the quantity of air on a weekly 
basis and record the results, date, time, and his/her initials in a 
book kept on the surface, available for inspection by interested 
persons. This is considered an acceptable alternative method for the 
Rend Lake Mine. MSHA grants the petition for modification for the 
unsafe-to-travel segment (approximately 250 feet) of the 2 West Mains 
and North Mains return air course Mine with conditions.

    Petitioner: Snyder Coal Company.

[Docket No.: M-1999-031-C]

    FR Notice: 64 FR 32551.
    Regulation Affected: 30 CFR 75.364(b)(1), (4), and (5).
    Summary of Findings: Petitioner's proposal is to travel and 
thoroughly preshift examine the intake haulage slope and primary 
escapeway areas from the gunboat/slope car at the section's intake 
gangway level with an alternative air quality evaluation, and have the 
examiner record the results of these examinations in a book kept on the 
surface, instead of conducting daily or weekly examinations, due to 
significant fall hazards. 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.

    Petitioner: Snyder Coal Company.

[Docket No.: M-1999-032-C]

    FR Notice: 64 FR 32552.
    Regulation Affected: 30 CFR 75.1100-2.
    Summary of Findings: Petitioner's proposal is to use portable fire 
extinguishers where rock dust, water cars, and other water storage 
equipped with three 10 quart pails is not practical. The petitioner 
proposes to use two portable fire extinguishers near the slope bottom 
and an additional portable fire extinguisher within 500 feet of the 
working face. 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.

    Petitioner: Canyon Fuel Company, LLC.

[Docket No.: M-1999-049-C]

    FR Notice: 64 FR 41139.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use belt air to 
ventilate working places in areas of the mine where two-entry mining 
system is not used. The petitioner proposes to install a low-level 
carbon monoxide monitoring system as an early warning fire detection 
system in all belt entries used as intake air courses. This is 
considered an acceptable alternative method for the Dugout Canyon Mine. 
MSHA grants the petition for modification to allow air coursed through 
conveyor belt entries to be used to ventilate working places, in 
sections of the mine that do not use a two-entry mining system, for the 
Dugout Canyon Mine with conditions.

    Petitioner: Coal Miners, Inc.

[Docket No.: M-1999-50-C]

    FR Notice: 64 FR 41139.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use air coursed 
through belt haulage entries to ventilate active working places. The 
petitioner proposes to install a low-level carbon monoxide detection 
system as an early warning fire detection system in the supply road 
with branches extended to the beltline at certain locations. This is 
considered an acceptable alternative method for the Eagle Valley Mine. 
MSHA grants the petition for modification for the Eagle Valley Mine 
with conditions.
    Petitioner: Consolidation Coal Company.

[Docket No.: M-1999-055-C]

    FR Notice: 64 FR 41139.
    Regulation Affected: 30 CFR 75.364(b)(4).
    Summary of Findings: The Petitioner's proposal is to establish 
evaluation check points to conduct weekly examinations for methane in 
certain areas of the return air course, to use a smoke tube to verify 
the direction of air flow, and instruct the examiner to record the 
results of the examinations in a record book kept on the surface 
available to interested parties. This is considered an acceptable 
alternative method for the Shoemaker Mine. MSHA grants the petition for 
modification for the Shoemaker Mine with conditions.

    Petitioner: Canyon Fuel Company, LLC.

[Docket No.: M-1999-057-C]

    FR Notice: 64 FR 41140.
    Regulation Affected: 75.360(b)(9).
    Summary of Findings: Petitioner's proposal is to install an 
Atmospheric Monitoring System (AMS) for continuous monitoring of 
electrical installations for carbon monoxide and methane instead of 
conducting a preshift examination. This is considered an acceptable 
alternative method for the SUFCO Mine. MSHA grants the petition for 
modification for the preshift examination of remote electrical 
installations and compressors serving mine de-watering pump 
installations conducted by pumpers who are certified mine examiners at 
the SUFCO Mine with conditions.

    Petitioner: Canyon Fuel Company, LLC.

[Docket No.: M-1999-073-C]

    FR Notice: 64 FR 49247.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternate 
method in lieu of front wheel brakes on its diesel graders at the 
Skyline Mine No. 3, Dugout Canyon Mine, and SUFCO Mine. The petitioner 
proposes to limit the speed of the diesel graders to 10 miles per hour 
by blocking out gear ratios that provide a higher speed, and to train 
the grader operators to drop the grader blade in the event the brakes 
fail. This is considered an acceptable alternative method for the 
Skyline Mine No. 3, Dugout Canyon Mine, and the SUFCO Mine. MSHA grants 
the petition for modification for the Skyline Mine No. 3, Dugout Canyon 
Mine, and the SUFCO Mine with conditions.


[[Page 28565]]


    Petitioner: Bowie Resources Limited.

[Docket No.: M-1999-100-C]

    FR Notice: 64 FR 57663.
    Regulation Affected: 30 CFR 75.1909(b)(6)
    Summary of Findings: Petitioner's proposal is to use an alternate 
method in lieu of front wheel brakes on diesel graders used at the 
Bowie No. 2 Mine. The petitioner proposes to limit the speed of the 
graders to 10 miles per hour by block welding a steel stop bar across 
the gear selector slot to the 5th and 6th gears, and train the diesel 
grader operators to drop the grader blade in the event the brakes fail 
and on how to recognize the appropriate speeds to use on different 
roadway and slope conditions. This is considered an acceptable 
alternative method for the Bowie No. 2 Mine. MSHA grants the petition 
for modification for the Bowie No. 2 Mine with conditions.

    Petitioner: Wabash Mine Holding Company.

[Docket No.: M-1999-107-C]

    FR Notice: 64 FR 70054.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternate 
method in lieu of the front wheel brakes on diesel graders. The 
petitioner proposes to equip diesel graders with devices that limit the 
speed of the diesel graders to 10 miles per hour and to train the 
diesel grader operators to drop the grader blade in the event the 
brakes fail. This is considered an acceptable alternative method for 
the Wabash Mine. MSHA grants the petition for modification for the 
Wabash Mine with conditions.

    Petitioner: Blue Mountain Energy, Inc.

[Docket No.: M-1999-109-C]

    FR Notice: 64 FR 70054.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternate 
method in lieu of the front wheel brakes on diesel graders. The 
petitioner proposes to equip diesel graders with devices that limit the 
speed of the diesel graders to 10 miles per hour and to train the 
diesel grader operators to drop the grader blade in the event the 
brakes fail. This is considered an acceptable alternative method for 
the Deserado Mine. MSHA grants the petition for modification for the 
Deserado Mine with conditions.
    Petitioner: Black Beauty Coal Company.

[Docket No.: M-1999-110-C]

    FR Notice: 64 FR 70054.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternate 
method in lieu of the front wheel brakes on diesel graders. The 
petitioner proposes to limit the speed of the diesel graders to 10 
miles per hour and to train the diesel grader operators to drop the 
grader blade in the event the brakes fail. This is considered an 
acceptable alternative method for the Air Quality #1 Mine. MSHA grants 
the petition for modification for the Air Quality 1 Mine with 
conditions.

    Petitioner: Consolidation Coal Company.

[Docket No.: M-1999-119-C]

    FR Notice: 64 FR 70055.
    Regulation Affected: 30 CFR 75.312(c) and (d).
    Summary of Findings: Petitioner's proposal is to test automatic 
closing doors and automatic fan signal devices every 31 days without 
shutting down the fan and without removing miners from the mine. This 
is considered an acceptable alternative method for the Shoemaker Mine. 
MSHA grants the petition for modification for the Shoemaker Mine for 
tests of: (1) The automatic fan stoppage signal device; and (2) the 
automatic closing air flow reversal prevention doors to be performed 
without shutting down the mine fan, and without removing the miners 
from the mine with conditions.

    Petitioner: Plateau Mining Company.

[Docket No.: M-1999-137-C]

    FR Notice: 64 FR 1914.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method in lieu of the front wheel brakes on diesel graders. The 
petitioner proposes to equip diesel graders with devices that limit the 
speed of the diesel graders to 10 miles per hour, and to train the 
diesel grader operators to drop the grader blade in the event the 
brakes fail. This is considered an acceptable alternative method for 
the Willow Creek Mine. MSHA grants the petition for modification for 
the Willow Creek Mine with conditions.

    Petitioner: Lodestar Energy, Inc.

[Docket No.: M-1999-141-C]

    FR Notice: 65 FR 1914.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method in lieu of the front wheel brakes on diesel graders. The 
petitioner proposes to equip the diesel grader with devices that limit 
the speed of the diesel grader to 10 miles per hour, and to train the 
diesel grader operators to drop the grader blade in the event the 
brakes fail. This is considered an acceptable alternative method for 
the Baker Mine. MSHA grants the petition for modification for the Baker 
Mine with conditions.

    Petitioner: Mallie Coal Company, Inc.

[Docket No.: M-98-091-C]

    FR Notice: 64 FR 2519.
    Regulation Affected: 30 CFR 75.380(f)(4).
    Summary of Findings: Petitioner's proposal is to use one twenty or 
two ten-pound portable chemical fire extinguishers on each Mescher 
Jeep. The petitioner proposes to install one fire extinguisher in the 
operator's deck if two fire extinguishers are used, and install the 
other fire extinguisher on the jeep readily accessible to the operator. 
If one fire extinguisher is used, it will be installed in the 
operator's deck. A total of twenty pounds of fire extinguisher 
capability will be carried on each jeep and the operator will inspect 
each fire extinguisher daily prior to entering the mine. This is 
considered an acceptable alternative method for the Mine No. 4. MSHA 
grants the petition for modification for the Mine No. 4 with 
conditions.

[FR Doc. 01-13042 Filed 5-22-01; 8:45 am]
BILLING CODE 4510-43-U