[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Pages 53261-53266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26327]


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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 11th day of October, 2001.
David L. Meyer,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2001-002-C.
    FR Notice: 66 FR 18658.
    Petitioner: Kentucky May Mining.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the Genesis Mine. MSHA grants the petition for modification the 
Genesis Mine with conditions.

    Docket No.: M-2001-003-C.
    FR Notice: 66 FR 18658.
    Petitioner: Eagle Coal Company, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 18 Mine. MSHA grants the petition for modification for the 
No. 18 Mine with conditions.

    Docket No.: M-2001-004-C.
    FR Notice: 66 FR 18658.
    Petitioner: Long Fork Development, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 5 Mine. MSHA grants the petition for modification for the 
No. 5 Mine with conditions.

    Docket No.: M-2001-005-C.
    FR Notice: 66 FR 18658.
    Petitioner: Taurus Coal Company, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 8 Mine. MSHA grants the petition for modification for the 
No. 8 Mine with conditions.

    Docket No.: M-2001-006-C.
    FR Notice: 66 FR 18658.
    Petitioner: Coalburg Enterprises, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 1 Mine. MSHA grants the petition for modification for the 
No. 1 Mine with conditions.

    Docket No.: M-2001-007-C.
    FR Notice: 66 FR 18659.
    Petitioner: Beech Fork Processing, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 3 Mine. MSHA grants the petition for modification for the 
No. 3 Mine with conditions.


[[Page 53262]]


    Docket No.: M-2001-008-C.
    FR Notice: 66 FR 18659.
    Petitioner: Beech Fork Processing, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 2 Mine. MSHA grants the petition for modification for the 
No. 2 Mine with conditions.

    Docket No.: M-2001-009-C.
    FR Notice: 66 FR 18659.
    Petitioner: Eagle Coal Company, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the No. 7 Mine. MSHA grants the petition for modification for the 
No. 7 Mine with conditions.

    Docket No.: M-2001-013-C.
    FR Notice: 66 FR 28932.
    Petitioner: Big Ridge, Inc.
    Regulation Affected: 30 CFR 75.503 18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. 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 with conditions.

    Docket No.: M-2001-016-C.
    FR Notice: 66 FR 28932.
    Petitioner: Goodin Creek Contracting, Inc.
    Regulation Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal is to use a hand-held 
continuous multi-gas detector, which detects oxygen, methane, and 
carbon monoxide, in lieu of a machine mounted methane monitor for the 
three wheel tractors (Mescher tractors). This is considered an 
acceptable alternative method for the Goodin Creek #2 Mine. MSHA grants 
the petition for modification for the Goodin Creek #2 Mine with 
conditions.

    Docket No.: M-2001-028-C.
    FR Notice: 66 FR 30232.
    Petitioner: DLR Mining, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two (2) fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all temporary electrical installations instead of using 240 pounds 
of rock dust. This is considered an acceptable alternative method for 
the Nolo Mine. MSHA grants the petition for modification for the Nolo 
Mine with conditions.

    Docket No.: M-2001-033-C.
    FR Notice: 66 FR 30232.
    Petitioner: American Energy Corporation.
    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. This 
is considered an acceptable alternative method for the Century Mine. 
MSHA grants the petition for modification for the Century Mine with 
conditions.

    Docket No.: M-2001-038-C.
    FR Notice: 66 FR 30233.
    Petitioner: Faith Coal Sales, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the White Star No. 1 Mine. MSHA grants the petition for 
modification for the White Star No. 1 Mine with conditions.

    Docket No.: M-2001-042-C.
    FR Notice: 66 FR 30234.
    Petitioner: Branham & Baker Underground Corp.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a 
padlock with its fastening configuration to secure plugs and electrical 
type connectors to batteries and to the permissible mobile powered 
equipment the batteries serve to prevent accidental separation of the 
battery plugs from their receptacles during normal operation of the 
battery equipment. This is considered an acceptable alternative method 
for the Mine No. 2B, Mine No. 10, Mine No. 15, and Mine No. 22. MSHA 
grants the petition for modification for the Mine No. 2B, Mine No. 10, 
Mine No. 15, and Mine No. 22 with conditions.

    Docket No.: M-2000-008-C.
    FR Notice: 65 FR 10563.
    Petitioner: Island Creek Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(b).
    Summary of Findings: Petitioner's proposal is to install a 
waterline in an entry adjacent to the conveyor belt entry on retreating 
longwalls equipped with fire hydrants spaced no more than 310 feet 
apart instead of the current operating procedures granted under a 
previous petition for modification (M-94-68-C) allowing for hydrants to 
be spaced no more than 270 feet apart in these entries. This is 
considered an acceptable alternative method for the VP-8 Mine. MSHA 
grants the petition for modification for the VP-8 Mine with conditions.

    Docket No.: M-2000-015-C.
    FR Notice: 65 FR 16966.
    Petitioner: RAG Cumberland Resources, LP.
    Regulation Affected: 30 CFR 75.503 (Schedule 2G, Sec. 18.35).
    Summary of Findings: Petitioner's proposal is to use a 1,000 foot 
trailing cable on full-face continuous miners and other face equipment 
during development mining. This is considered an acceptable alternative 
method for the Cumberland Mine. MSHA grants the petition for 
modification for the Cumberland Mine with conditions.

    Docket No.: M-2000-018-C.
    FR Notice: 65 FR 16966.
    Petitioner: FKZ Coal, Inc.
    Regulation Affected: 30 CFR 75.1200(d) and (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 to limit the required mapping of the 
mine workings above and below to those present within 100 feet of the

[[Page 53263]]

vein 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 Mercury No. 1 Slope Mine. MSHA 
grants the petition for modification for the No. 1 Slope Mine with 
conditions.

    Docket No.: M-2000-031-C.
    FR Notice: 65 FR 31611.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.500(b).
    Summary of Findings: Petitioner's proposal is to use non-
permissible low-voltage or battery powered electronic testing and 
diagnostic equipment such as lap top computers, oscilloscopes, 
vibration analysis machines, cable fault detectors, point temperature 
probes, infrared temperature devices and recorders, pressure and flow 
measurement devices, signal analyzer devices ultrasonic thickness 
gauges, electronic component testers, electronic tachometers and 
battery operated drills, in or inby the last open crosscut. This is 
considered an acceptable alternative method for the Crandall Canyon 
Mine. MSHA grants the petition for modification for the Crandall Canyon 
Mine with conditions.

    Docket No.: M-2000-033-C.
    FR Notice: 65 FR 31612.
    Petitioner: Sidney Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use 4,160-volt 
longwall face equipment, and submit proposed revisions for its approved 
Part 48 training plans to the District Manager that would specify 
initial and refresher training. This is considered an acceptable 
alternative method for the Rockhouse Energy Mining Company Mine No. 1. 
MSHA grants the petition for modification for the Rockhouse Energy 
Mining Company, Mine No. 1 with conditions.

    Docket No.: M-2000-043-C.
    FR Notice: 65 FR 31610.
    Petitioner: Elk Run Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use continuous 
mining machines with nominal voltage of the power circuits not to 
exceed 2,300 volts in its March 29, 2000, petition for modification. 
The petitioner amended its petition for modification in May 2000 and 
requested the stipulations to be changed to use 2,400-volt high-voltage 
continuous mining machines. This is considered an acceptable 
alternative method for the Castle Mine. MSHA grants the petition for 
modification for the 2,400-volt continuous miner(s) used at the Castle 
Mine with conditions.

    Docket No.: M-2000-045-C.
    FR Notice: 65 FR 31611.
    Petitioner: Roberts Bros. Coal Company.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a 200KW, 480-
volt, diesel powered generator set with an approved diesel drive engine 
to move equipment in and out of the mine and to perform rehabilitation 
work in areas outby section loading points. This is considered an 
acceptable alternative method for the Cardinal #2 Mine. MSHA grants the 
petition for modification for the Cardinal #2 Mine with conditions.

    Docket No.: M-2000-047-C.
    FR Notice: 65 FR 40141.
    Petitioner: Bowie Resources, Ltd.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a 460KW, 480-
volt, wye connected diesel powered generator for utility power and to 
move electrically powered mining equipment throughout the mine. This is 
considered an acceptable alternative method for the Bowie Mine. MSHA 
grants the petition for modification for the Bowie Mine with 
conditions.

    Docket No.: M-2000-055-C.
    FR Notice: 65 FR 40142.
    Petitioner: RAG Cumberland Resources LP.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to request that Item 
29 of its previously granted petition for modification (M-92-99-C), be 
amended to allow the widths and lengths of its panels to be increased; 
and that Item 31 be amended to allow a primary escapeway maintained in 
accordance with 30 CFR 75.380 be provided on the headgate end of all 
longwall panels. This is considered an acceptable alternative method 
for the Cumberland Mine. MSHA grants the petition for modification for 
the Cumberland Mine with conditions.

    Docket No.: M-2000-088-C.
    FR Notice: 65 FR 49017.
    Petitioner: Elk Run Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and mine 
through oil and gas wells. This is considered an acceptable alternative 
method for the White Knight 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 Sec. 75.1700) plugged oil or gas wells penetrating 
the Powellton Coal Seam and other mineable coal seams using continuous 
mining methods for the White Knight Mine with conditions.

    Docket No.: M-2000-089-C.
    FR Notice: 65 FR 49017.
    Petitioner: Elk Run Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and mine 
through oil and gas wells. This is considered an acceptable alternative 
method for the Castle 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 Sec. 75.1700) plugged oil or gas wells penetrating the 
Powellton Coal Seam and other mineable coal seams using continuous 
mining methods for the Castle Mine with conditions.

    Docket No.: M-2000-090-C.
    FR Notice: 65 FR 49018.
    Petitioner: Elk Run Coal Company, Inc.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use air that is 
coursed through belt haulage entries to ventilate active working places 
and install a low-level carbon monoxide detection system as an early 
warning fire detection system in all belt entries at certain locations. 
This is considered an acceptable alternative method for the Castle 
Mine. MSHA grants the petition for modification for the Castle Mine 
with conditions.

    Docket No.: M-2000-091-C.
    FR Notice: 65 FR 49018.
    Petitioner: Freeman United Coal Mining Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use a diesel-
grader without front wheel brakes, limit the diesel-grader speed to 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 III Mine. MSHA grants the 
petition for modification for the Crown III Mine with conditions.

    Docket No.: M-2000-094-C.
    FR Notice: 65 FR 49018.
    Petitioner: Elk Run Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1002.

[[Page 53264]]

    Summary of Findings: Petitioner's proposal is to use high-voltage 
(4,160-volts) longwall mining equipment at the face. This is considered 
an acceptable alternative method for the Castle Mine. MSHA grants the 
petition for modification for the Castle Mine with conditions.

    Docket No.: M-2000-095-C.
    FR Notice: 65 FR 58818.
    Petitioner: Blue Mountain Energy, Inc.
    Regulation Affected: 30 CFR 75.1902(c)(2)(i), (ii), (iii).
    Summary of Findings: Petitioner's proposal is to store the 
temporary diesel transportation unit (the unit) no more than 5 cross-
cuts from the loading point, or projected loading point during 
installation, and the last loading point during equipment removal. This 
is considered an acceptable alternative method for the Deserado Mine. 
MSHA grants the petition for modification for the Deserado Mine with 
conditions. The petitioner filed a petition on June 8, 2000, seeking 
modification of 30 CFR 75.1902(2)(i), (ii), and (iii). On October 30, 
2000, the petitioner filed an amended petition to more accurately 
reflect the current standard 30 CFR 75.1902(c)(2)(i), (ii) and (iii).

    Docket No.: M-2000-098-C.
    FR Notice: 65 FR 58818.
    Petitioner: Black Beauty Coal Company.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use intake air off 
the belt and neutral entries to ventilate working sections. This 
considered an acceptable alternative method for the Air Quality #1 
Mine. MSHA grants the petition for modification to allow air coursed 
through conveyor belt entries to be used to ventilate working places 
for the Air Quality #1 Mine with conditions.

    Docket No.: M-2000-099-C.
    FR Notice: 65 FR 58818.
    Petitioner: San Juan Coal Company.
    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 such as lap top computers, oscilloscopes, 
vibration analysis machines, cable fault detectors, point temperature 
probes, infrared temperature devices and recorders, pressure and flow 
measurement devices, signal analyzer devices ultrasonic thickness 
gauges, electronic component testers, electronic tachometers and 
battery operated drills, in or inby the last open crosscut. This is 
considered an acceptable alternative method for the San Juan South Mine 
and the San Juan Deep Mine. MSHA grants the petition for modification 
for the San Juan South Mine and the San Juan Deep Mine with conditions.

    Docket No.: M-2000-100-C.
    FR Notice: 65 FR 58818.
    Petitioner: Black Beauty Coal Company.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use intake air off 
the belt and neutral entries to ventilate working sections. This 
considered an acceptable alternative method for the Vermilion Grove 
Mine. MSHA grants the petition for modification to allow air coursed 
through conveyor belt entries to be used to ventilate working places 
for the Vermilion Grove Mine with conditions.

    Docket No.: M-2000-101-C.
    FR Notice: 65 FR 58818.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
wye connected, 320 KW portable diesel powered generator for utility 
power and to move electrically powered mining equipment in and around 
the mine. This is considered an acceptable alternative method for the 
Crandall Canyon Mine. MSHA grants the petition for the modification 
480-volt, three-phase, 320KW diesel powered generator (DPG) set, Serial 
No. 31545, used to supply power to a 400 KVA autotransformer and the 
three-phase 480- and 995-volt power circuits for the Crandall Canyon 
Mine with conditions.

    Docket No.: M-2000-102-C.
    FR Notice: 65 FR 58819.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.901.
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
wye connected, 320 KW portable diesel powered generator for utility 
power and to move electrically powered mining equipment in and around 
the mine. This is considered an acceptable alternative method for the 
Crandall Canyon Mine. MSHA grants the petition for the modification 
480-volt, three-phase, 320KW diesel powered generator (DPG) set, Serial 
No. 31545, used to supply power to a 400 KVA auto-transformer and the 
three-phase 480- and 995-volt power circuits for the Crandall Canyon 
Mine with conditions.

    Docket No.: M-2000-103-C.
    FR Notice: 65 FR 58819.
    Petitioner: West Ridge Resources, Inc.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
wye connected, 320 KW portable diesel powered generator for utility 
power and to move electrically powered mining equipment in and around 
the mine. This is considered an acceptable alternative method for the 
West Ridge Mine. MSHA grants the petition for the modification 480-
volt, three-phase, 320KW diesel powered generator (DPG) set, Serial No. 
31545, used to supply power to a 400 KVA auto-transformer and the 
three-phase 480- and 995-volt power circuits for the West Ridge Mine 
with conditions.

    Docket No.: M-2000-105-C.
    FR Notice: 65 FR 58819.
    Petitioner: Gibson County Coal, LLC.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and mine 
through oil and gas wells using specific procedures listed in the 
petition for modification. This is considered an acceptable alternative 
method for the Gibson 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 Sec. 75.1700) plugged oil or gas wells penetrating the 
Kentucky No. 9 (Illinois No. 5) seam and other mineable coal seams for 
the Gibson Mine with conditions.

    Docket No.: M-2000-106-C.
    FR Notice: 65 FR 58819.
    Petitioner: San Juan Coal Company.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and through 
oil and gas wells within a 300 foot diameter of abandoned oil and gas 
wells using the specific procedures outlined in its petition for 
modification. This is considered an acceptable alternative method for 
the San Juan South Mine and the San Juan Deep 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 Sec. 75.1700) plugged oil or gas 
wells penetrating the Fruitland No. 8 Coal Seam and other mineable coal 
seams for the San Juan South Mine and the San Juan Deep Mine with 
conditions.

    Docket No.: M-2000-107-C.
    FR Notice: 65 FR 58819.
    Petitioner: Sidney Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and through 
oil and gas wells within a 300 foot diameter of abandoned oil and gas 
wells using the specific procedures outlined in its petition for 
modification. This is considered an acceptable alternative method for 
the Rockhouse Energy Mining Company Mine No. 1. MSHA grants the 
petition for modification for mining through or near (whenever the

[[Page 53265]]

safety barrier diameter is reduced to a distance less than the District 
Manager would approve pursuant to Sec. 75.1700) plugged oil or gas 
wells penetrating the Cedar Grove Coal Seam and other mineable coal 
seams using continuous miners, conventional mining or longwall mining 
methods. This is considered an acceptable alternative method for the 
Rockhouse Energy Mining Company Mine No. 1. MSHA grants the petition 
for modification for the Rockhouse Energy Mining Company Mine No. 1 
with conditions.

    Docket No.: M-2000-108-C.
    FR Notice: 65 FR 58819.
    Petitioner: San Juan Coal Company.
    Regulation Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal is to use permissible 
low-voltage or battery powered electronic testing and diagnostic 
equipment such as lap top computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices insulation testers (meggers), voltage, current, and 
power measurement devices, signal analyzer devices, ultrasonic 
thickness gauges, electronic component testers, electronic tachometers 
and may use other testing and diagnostic equipment if approved by the 
District Manager. This is considered an acceptable alternative method 
for the San Juan South Mine and San Juan Deep Mine. MSHA grants the 
petition for modification for the use of low-voltage or battery-powered 
non-permissible electronic testing and diagnostic equipment within 150 
feet of pillar workings for the San Juan South Mine and San Juan Deep 
Mine with conditions.

    Docket No.: M-2000-117-C.
    FR Notice: 65 FR 58820.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal is to use nonpermissible 
low-voltage or battery powered electronic testing and diagnostic 
equipment such as lap top computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices and recorders, pressures and flow measurement 
devices, signal analyzer devices, ultrasonic thickness gauges, 
electronic component testers, electronic techometers, inby the last 
open crosscut, and may use other equipment approved by the District 
Manager. This is considered an acceptable alternative method for the 
Crandall Canyon Mine. MSHA grants the petition for modification for the 
use of low-voltage or battery-powered nonpermissible equipment with 150 
feet of pillar, under controlled conditions at the Crandall Canyon Mine 
with conditions.

    Docket No.: M-2000-124-C.
    FR Notice: 65 FR 64261.
    Petitioner: Parkwood Resources, Inc.
    Regulation Affected: 30 CFR 75.100-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two (2) fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all temporary electrical installations instead of using 240 pounds 
of rock dust. This is considered an acceptable alternative method for 
the Parkwood Mine. MSHA grants the petition for modification for the 
temporary electrical installations provided the petitioner maintains 
two portable fire extinguishers having at least the minimum capacity 
specified for portable fire extinguisher in 30 CFR 75.1100-1(e) at each 
of the temporary electrical installations at the Parkwood Mine with 
conditions.

    Docket No.: M-2000-129-C.
    FR Notice: 65 FR 64261.
    Petitioner: Girdner Mining Company, Inc.
    Regulation Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal is to use hand-held 
continuous-duty methane and oxygen indicators on three-wheel tractors 
with drag bottom buckets used to load and haul coal from the mine face, 
but approximately 20 percent of the time they are also used to haul 
supplies and as a mantrip vehicle. This is considered an acceptable 
alternative method for the Mine #1. MSHA grants the petition for 
modification for the Mescher permissible three-wheel battery-powered 
tractors used to load coal at the Mine #1 with conditions.

    Docket No.: M-2000-138-C.
    FR Notice: 65 FR 75973.
    Petitioner: Black Beauty Coal Company.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use high-voltage 
(2,400-volt) trailing cables inby the last open crosscut at the working 
continuous miner section(s) g equipment. This is considered an 
acceptable alternative method for the Riola #1 Mine. MSHA grants the 
petition for modification for the 2,400-volt continuous miner(s) at the 
Riola #1 Mine with conditions.

    Docket No.: M-2000-142-C.
    FR Notice: 65 FR 64261.
    Petitioner: D & A Resources, Inc.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's requests is for the Proposed 
Decision and Order for its previously granted petition for 
modification, docket number M-96-096-C, be amended to allow the terms 
and conditions to be used at locations other than the No. 3 bleeder 
shaft at the Emerald Mine. This is considered an acceptable alternative 
method for the Emerald Mine #1. MSHA grants the petition for 
modification for the submersible pumps installed in the No. 3 and No. 4 
bleeder shafts and No. 6 return shafts and all future return and/or 
bleeder shafts in the Emerald Mine No. 1 with conditions.

    Docket No.: M-2000-144-C.
    FR Notice: 65 FR 75974.
    Petitioner: McCoy Elkhorn Coal Corp.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a permanently 
installed spring-loaded locking device on mobile battery-powered 
machines in lieu of padlocks to prevent the battery plugs from 
accidentally separating from their receptacles, and to eliminate the 
hazards associated with difficult removal of padlocks during emergency 
situations. This is considered an acceptable alternative method for the 
Mine No. 14, Mine No. 16, Mine No. 21, and Smithfork Mine No. 1. MSHA 
grants the petition for modification for the Mine No. 14, Mine No. 16, 
Mine No. 21, and Smithfork Mine No. 1 with conditions.

    Docket No.: M-2000-145-C.
    FR Notice: 65 FR 75974.
    Petitioner: Ohio County Coal Corporation.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is 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 the batteries serve, to 
prevent battery plugs from accidentally separating from their 
receptacles during normal operation of the battery equipment. This is 
considered an acceptable alternative method for the Freedom Mine. MSHA 
grants the petition for modification for the Freedom Mine with 
conditions.

    Docket No.: M-2000-147-C.
    FR Notice: 65 FR 75975.
    Petitioner: Gibson County Coal, LLC.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a 200 KW/250 
KVA, 480-volt, diesel powered generator set to move equipment in and 
out of the mine(s) and to move equipment underground in emergency 
situations. This is considered an acceptable

[[Page 53266]]

alternative method for the 480-volt, three-phase, 200KW diesel powered 
generator (DPG)set, supplying power to a 250 KVA three-phase 
transformer and three-phase 480- and 995-volt power circuits at the 
Gibson Mine. MSHA grants the petition for modification for the Gibson 
Mine with conditions.

    Docket No.: M-2000-150-C.
    FR Notice: 65 FR 75975.
    Petitioner: D & F Deep Mine Buck Drift.
    Regulation Affected: 30 CFR 75.1100-2(a)(2).
    Summary of Findings: Petitioner's proposal is to use two (2) fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all temporary electrical installations instead of using 240 pounds 
of rock dust. This is considered an acceptable alternative method for 
the Buck Drift Mine. MSHA grants the petition for modification for the 
Buck Drift Mine with conditions.

    Docket No.: M-2000-153-C.
    FR Notice: 65 FR 75975.
    Petitioner: Shamrock Coal Company.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and mine 
through a plugged oil and gas the well located adjacent to longwall 
gate entries and within a proposed longwall mining panel. This is 
considered an acceptable alternative method for the Shamrock #18 Series 
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 Sec. 75.1700) 
plugged oil or gas wells penetrating the hazard No. 4 Coal Seam and 
other mineable coal seams at the Shamrock #18 Series Mine with 
conditions.

[FR Doc. 01-26327 Filed 10-18-01; 8:45 am]
BILLING CODE 4510-43-P