[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19851-19855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9842]


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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 AFR 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: Petitions and copies of the final decisions 
are available for examination by the public in the Office of Standards, 
Regulations, and Variances, MSHA, 1100 Wilson Boulevard, Room 2352, 
Arlington, Virginia 22209. Contact Barbara Barron at 202-693-9447.

    Dated in Arlington, Virginia this 16th day of April, 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2002-003-C.
    FR Notice: 67 FR 11717.
    Petitioner: Knott County Mining Company.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use contactors to 
obtain under-voltage protection instead of using circuit breakers and 
to train all qualified persons who perform work on the equipment and 
circuits on safe maintenance procedures. This is considered an 
acceptable alternative method for the Mallet Branch Mine. MSHA grants 
the petition for modification to allow the use of contactors to provide 
under-voltage, grounded phase, and monitor the grounding conductors for 
low voltage power circuits serving three-phase alternating current 
equipment, other than portable and mobile equipment, located at the 
Mallet Branch Mine with conditions.

    Docket No.: M-2002-005-C.
    FR Notice: 67 FR 11718.
    Petitioner: Cannelton Industries, 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 on battery plug connectors on mobile battery-powered 
machines in lieu of a padlock to prevent the plug connector from 
accidentally disengaging while under load and provide a warning tag 
that states ``Do Not Disengage Under Load'' on all battery plug 
connectors. This is considered an acceptable alternative method for the 
Mine No. 130 and Shadrick Mine. MSHA grants the petition for 
modification for use at the Mine No. 130 and Shadrick Mine with 
conditions.

    Docket No.: M-2002-006-C.
    FR Notice: 67 FR 11718.
    Petitioner: Point Mining, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    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 instead of using padlocks to prevent the plug 
connector from accidentally disengaging while under load, and to 
provide instructions to all persons who operate or maintain the 
battery-powered machines on the safe practices and provisions for 
complying with the alternative method. This is considered an acceptable 
alternative method for the Campbells Creek No. 4 Mine. MSHA grants the 
petition for modification for use at the Campbells Creek No. 4 Mine 
with conditions.

    Docket No.: M-2002-007-C.
    FR Notice: 67 FR 13196.
    Petitioner: Solid Rock Construction, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed, spring-loaded locking devices to secure battery plugs on 
mobile battery-powered machines to prevent unintentional loosening of 
the battery plugs from battery receptacles, and to eliminate the 
potential hazards associated with difficult removal of padlocks during 
emergency situations. The petitioner asserts that use of padlocks to 
secure battery plugs would result in a diminution of safety to the 
miners. This is considered an acceptable alternative method for the No. 
1 Mine. MSHA grants the petition for modification for use at the No. 1 
Mine with conditions.

    Docket No.: M-2002-008-C.
    FR Notice: 67 FR 13196.
    Petitioner: Aaron Coal Company, LLC.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed, spring-loaded locking devices to secure battery plugs on 
mobile battery-powered machines to prevent unintentional loosening of 
the battery plugs from battery receptacles, and to eliminate the 
potential hazards associated with difficult removal of padlocks during 
emergency situations. The petitioner asserts that using padlocks would 
result in a diminution of safety to the miners. This is considered an 
acceptable alternative method for the No. 2 Mine. MSHA grants the 
petition for modification to permit the use of a spring-loaded device 
with specific fastening characteristics in lieu of a padlock to secure 
plugs and electrical type connectors to batteries and to the 
permissible mobile battery-powered equipment for use at the No. 2 Mine 
with conditions.

    Docket No.: M-2002-019-C.
    Petitioner: White County Coal, LLC.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use a round, eye-
bolt snap spring-loaded locking device to secure screw caps in place on 
battery plugs of battery operated scoops and tractors in lieu of using 
its presently approved bolt

[[Page 19852]]

and nut padlock. This is considered an acceptable alternative method 
for the Pattiki II Mine. MSHA grants the petition for modification to 
permit the use of a round eye-bolt snap spring-loaded locking device 
with specific fastening characteristics in lieu of a padlock to secure 
plugs and electrical type connectors to batteries and to the 
permissible mobile battery-powered equipment for use at the Pattiki II 
Mine with conditions.

    Docket No.: M-2002-027-C.
    FR Notice: 67 FR 14978.
    Petitioner: Dakota Mining, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to replace a low-
voltage continuous miner with a 2,400-volt Joy 12CM27 machine. This is 
considered an acceptable alternative method for use at the No. 2 Mine. 
MSHA grants the petition for modification for the 2,400-volt continuous 
miners used throughout the No. 2 Mine with conditions.

    Docket No.: M-2002-035-C.
    FR Notice: 67 FR 19285.
    Petitioner: Drummond Company, Inc.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to interrupt the low 
and medium voltage circuits by using under-voltage and grounded phase 
relays used in conjunction with fully rated contactors in lieu of using 
circuit breakers. The petitioner asserts that using this circuit 
arrangement on low and medium voltage power distribution circuits is 
necessary for belt conveyor operation. This is considered an acceptable 
alternative method for use at the Shoal Creek Mine. MSHA grants the 
petition for modification to allow the use of contactors to provide 
under-voltage, grounded phase, and monitor the grounding conductors for 
low and medium voltage power circuits serving three-phase alternating 
current equipment located in the Shoal Creek Mine with conditions.

    Docket No.: M-2002-041-C.
    FR Notice: 67 FR 31835.
    Petitioner: Independence Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to transfer 2,400-
volt high-voltage equipment from one mine to another mine within the 
company. This is considered an acceptable alternative method for the 
White Oak Mine. MSHA grants the petition for modification for use at 
the White Oak Mine with conditions.

    Docket No.: M-2002-042-C.
    FR Notice: 67 FR 37443.
    Petitioner: Rivers Edge Mining, Inc., (was Eastern Associated Coal 
Corp.).
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use contactors 
instead of circuit breakers to provide under-voltage protection, ground 
fault, and ground monitor protection. This is considered an acceptable 
alternative method for the Rivers Edge Mine. MSHA grants the petition 
for modification to allow the use of contactors to provide under-
voltage, grounded phase, and monitor the grounding conductors for low 
and medium-voltage power circuits serving three-phase alternating 
current equipment located in the Rivers Edge Mine with conditions.

    Docket No.: M-2002-047-C.
    FR Notice: 67 FR 45553.
    Petitioner: Husky 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 permanently 
installed, spring-loaded device on mobile battery-powered machine plug 
connectors, in lieu of a padlock, to prevent unintentional loosening of 
battery plugs from battery receptacles and to eliminate the hazards 
associated with the difficult removal of padlocks during emergency 
situations. This is considered an acceptable alternative method for the 
Mine No. 12. MSHA grants the petition for modification for the use of 
permanently installed spring-loaded locking devices in lieu of padlocks 
on battery plug and receptacle-type connectors for mobile battery-
powered equipment at the Mine No. 12 with conditions.

    Docket No.: M-2002-056-C.
    FR Notice: 67 FR 49966.
    Petitioner: Highland Mining Company.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use air from the 
belt haulage entries 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 course intake air to a working 
place. This is considered an acceptable alternative method for the 
Highland 9 Mine. MSHA grants the petition for modification for the use 
of air coursed through conveyor belt haulage entries to ventilate 
active working places at the Highland 9 Mine with conditions.

    Docket No.: M-2002-063-C.
    FR Notice: 67 FR 54675.
    Petitioner: Buck Mountain Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal is to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage equipped with three (3) 10-quart 
pails is not practical. The petitioner proposes to use two (2) fire 
extinguishers near the slope bottom and an additional portable fire 
extinguisher within 500 feet of the working face for equivalent fire 
protection at the Buck Mountain Slope Mine. This is considered an 
acceptable alternative method for the Buck Mountain Slope Mine. MSHA 
grants the petition for modification for use of firefighting equipment 
in the working section at the Buck Mountain Slope Mine with conditions.

    Docket No.: M-2002-064-C.
    FR Notice: 67 FR 54675.
    Petitioner: Buck Mountain Coal Company.
    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 
vein being mined. This is considered an acceptable alternative method 
for the Buck Mountain Slope. MSHA grants the petition for modification 
for the Buck Mountain Slope with conditions.

    Docket No.: M-2002-065-C.
    FR Notice: 67 FR 54675.
    Petitioner: Buck Mountain Coal Company.
    Regulation Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal is to revise and 
supplement mine maps annually instead of every 6 months as currently 
required, and to update maps daily by hand notations. This is 
considered an acceptable alternative method for the Buck Mountain 
Slope. MSHA grants the petition for modification for the Buck Mountain 
Slope with conditions.

    Docket No.: M-2002-067-C.
    FR Notice: 67 FR 54676.
    Petitioner: Border Mining, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is use permanently 
installed, spring-loaded locking devices with specific fastening 
characteristics, in lieu of padlocks, with its fastening configuration 
to secure plugs and electrical type connectors to batteries and to the 
permissible mobile battery-powered equipment the batteries serve. The 
purpose of the locking device is to

[[Page 19853]]

prevent accidental separation of the battery plugs from their 
receptacles during normal operation of the battery-powered equipment. 
This is considered an acceptable alternative method for the No. 2 Mine. 
MSHA grants the petition for modification for use at the No. 2 Mine 
with conditions.

    Docket No.: M-2002-075-C.
    FR Notice: 67 FR 63166.
    Petitioner: Knott County Mining Company.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed, spring-loaded locking devices with specific fastening 
characteristics, in lieu of padlocks, with its fastening configuration 
to secure plugs and electrical type connectors to batteries and to the 
permissible mobile battery-powered the batteries serve. The purpose of 
the locking device is to prevent accidental separation of the battery 
plugs from their receptacles during normal operation of the battery-
powered equipment. This is considered an acceptable alternative method 
for the Mallet Branch Mine, Hollybush Mine, and Mine No. 582. MSHA 
grants the petition for modification for the use of permanently 
installed spring-loaded locking devices in lieu of padlocks on battery 
plug and receptacle-type connectors for mobile battery-powered 
equipment at the Mallet Branch Mine, Hollybush Mine, and Mine No. 582 
with conditions.

    Docket No.: M-2002-076-C.
    FR Notice: 67 FR 63166.
    Petitioner: Coemont Construction, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed spring-loaded locking devices with specific fastening 
characteristics, in lieu of padlocks, with its fastening configuration 
to secure plugs and electrical type connectors to batteries and to the 
permissible mobile batter-powered equipment the batteries serve. The 
purpose of the locking device is to prevent accidental separation of 
the battery plugs from their receptacles during normal operation of the 
battery-powered equipment. This is considered an acceptable alternative 
method for the Coemont 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 plug and receptacle-type 
connectors for mobile battery-powered equipment at the Coemont No. 1 
Mine with conditions.

    Docket No.: M-2002-080-C.
    FR Notice: 67 FR 63166.
    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 permanently 
installed spring-loaded locking devices with specific fastening 
characteristics, in lieu of padlocks, with its fastening configuration 
to secure plugs and electrical type connectors to batteries and to the 
permissible mobile batter-powered equipment the batteries serve. The 
purpose of the locking device is to prevent accidental separation of 
the battery plugs from their receptacles during normal operation of the 
battery-powered equipment. This is considered an acceptable alternative 
method for the Lakeview Mine. MSHA grants the petition for modification 
for the use of permanently installed spring-loaded locking devices in 
lieu of padlocks on battery plug and receptacle-type connectors for 
mobile battery-powered equipment at the Lakeview Mine with conditions.

    Docket No.: M-2002-083-C.
    FR Notice: 67 FR 63167.
    Petitioner: Debra Lynn Coals, Inc.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to construct a refuse 
pile over abandoned underground mine works in the Harlan coal bed, and 
to de-water rock drains from two existing mine adits within the 
abandoned mine works. Coarse refuse at the Johns Branch Refuse Area 
will cover the two sealed drift mine openings into the old Golden Glow 
Coals, Inc. mine in the Harlan coal seam, which dips toward the 
existing refuse site. This is considered an acceptable alternative 
method for the Liggett Preparation Plant and Johns Branch Refuse Area, 
I.D. No. 1211-KY07-07139-01. MSHA grants the petition for modification 
for the Liggett Preparation Plant and the Johns Branch Refuse Area with 
conditions.

    Docket No.: M-2002-084-C.
    FR Notice: 67 FR 66168.
    Petitioner: H & M Coal Co.
    Regulation Affected: 30 CFR 75.1400(c).
    Summary of Findings: Petitioner's proposal is to use increased rope 
strength and secondary safety rope connections on a slope conveyance 
(gunboat) for transporting persons in lieu of using catches or other no 
less effective devices. This is considered an acceptable alternative 
method for the Rocky Top Mine. MSHA grants the petition for 
modification for the use of the hoist conveyance (gunboat) without 
safety catches at the Rocky Top Mine with conditions.

    Docket No.: M-2002-088-C.
    FR Notice: 67 FR 66169.
    Petitioner: Coastal Coal Company, LLC.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to construction a 
refuse pile over abandon mine openings, and to use an existing mine pit 
as a location for disposal of mine scalp rock. The related refuse are 
in the Calendonia Pit and the refuse from both the VICC 3 and 
VICC 8 Coastal Coal Company Mines will be used to fill the pit 
and reclaim the area that contains two abandoned Eastover Mine Company 
openings into the Jawbone coal seam. This is considered an acceptable 
alternative method for the VICC 3 Mine and VICC 8 
Mine. MSHA grants the petition for modification for the VICC 3 
Mine and VICC 8 Mine with conditions.

    Docket No.: M-2002-102-C.
    FR Notice: 67 FR 78821.
    Petitioner: Mallie Coal Company, Inc.
    Regulation Affected: 30 CFR 75.380(f)(4).
    Summary of Findings: Petitioner's proposal is to use one ten pound 
or two five pound portable chemical fire extinguishers on each Mescher 
Jeep used for traveling in the primary escapeway at the Mine No. 6. 
This is considered an acceptable alternative method for the Mine No. 6. 
MSHA grants the petition for modification for Mescher three wheel 
tractors to be operated in the primary intake escapeway at the Mine No. 
6 with conditions.

    Docket No.: M-2002-103-C.
    FR Notice: 67 FR 78822.
    Petitioner: Mallie Coal Company, 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 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. 6. MSHA 
grants the petition for modification for use at the Mine No. 6 with 
conditions.

    Docket No.: M-2002-105-C.
    FR Notice: 67 FR 78822.
    Petitioner: Mears Enterprises, Inc.
    Regulation Affected: 30 CFR 75.1000-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two fire 
extinguishers at all temporary electrical installations in lieu of 
using one portable fire extinguisher and 240 pounds of rock dust. This 
is considered an acceptable

[[Page 19854]]

alternative method for the Dora 8 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 a portable fire extinguisher in 30 
CFR 75.1100-1(e), or one portable fire extinguisher with twice the 
minimum capacity specified in 75.1100-1(e) at each of the temporary 
electrical installations at the Dora 8 Mine.

    Docket No.: M-2002-106-C and M-2002-107-C.
    FR Notice: 67 FR 78822.
    Petitioner: Highland Mining Company.
    Regulation Affected: 30 CFR 75.1101-1(b).
    Summary of Findings: Petitioner's proposal is to conduct weekly 
examinations and functional testing of the deluge fire suppression 
systems as an alternative to complying with the standard. This is 
considered an acceptable alternative method for the Highland No. 9 and 
Highland No. 11 Mines. MSHA grants the petition for modification for 
the use of deluge-type water spray systems installed at belt-conveyor 
drives in lieu of blow-off dust covers for nozzles at the Highland No. 
9 and Highland No. 11 Mines with conditions.

    Docket No.: M-2002-110-C.
    FR Notice: 67 FR 78823.
    Petitioner: Coastal Coal-West Virginia, LLC.
    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 2,400 volts at the Upper Mercer Mine. This is considered an 
acceptable alternative method for the Upper Mercer Mine. MSHA grants 
the petition for modification for the use of 2,400-volt continuous 
miners at the Upper Mercer Mine with conditions.

    Docket No.: M-2002-111-C and M-2002-112-C.
    FR Notice: 67 FR 78823.
    Petitioner: Black Energy Coal, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed spring-loaded locking devices with specific fastening 
characteristics, in lieu of padlocks, with its fastening configuration 
to secure plugs and electrical type connectors to batteries and to the 
permissible mobile powered equipment the batteries serve. The purpose 
of the locking device is 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 2 and Mine 3. MSHA grants the petition 
for modification for the use of permanently installed spring-loaded 
locking devices in lieu of padlocks on battery plug and receptacle-type 
connectors for mobile battery-powered equipment at the Mine 2 
and Mine 3, with conditions.

    Docket No.: M-2001-078-C.
    FR Notice: 66 FR 41891
    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 cables inby the last open crosscut at the working continuous 
miner section(s). This is considered an acceptable alternative method 
for the Vermillion Grove Mine. MSHA grants the petition for 
modification for the use at the Vermillion Grove Mine with conditions.

    Docket No.: M-2001-093-C.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(4).
    Summary of Findings: Petitioner's proposal is to establish 
designated check points and have a certified person examine the check 
points on a daily basis to monitor for methane and to ensure safe air 
passage in the six seals in 1 South of the intake air course where roof 
and rib conditions are deterioriating and unsafe to travel. This is 
considered an acceptable alternative method for the Shoemaker Mine. 
MSHA grants the petition for modification for the Shoemaker Mine with 
conditions.

    Docket No.: M-2001-095-C.
    FR Notice: 66 FR 52156.
    Petitioner: Leeco, Inc.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use a maximum 
nominal voltage of the belt conveyor drive and water pump circuit(s) 
not to exceed 995-volts for under-voltage protection, a nominal voltage 
of belt conveyor drive control and water pump control circuit(s) not to 
exceed 120-volts, vacuum contactors built into or permanently affixed 
to the transformer enclosure and properly separated and isolated from 
the other components of the unit, and provide under-voltage protection 
for belt drive(s) and water pump motors greater than 5 horsepower for 
vacuum contactors that have associated protective relays. This is 
considered an acceptable alternative method for the No. 68 and No. 78 
Mines. MSHA grants the petition for modification for the use of 
contactors to provide under-voltage, grounded phase, and overload 
protection. This would also allow the petitioner to monitor the 
grounding conductors for 995-volt belt conveyor drive motors and water 
pump motors greater than 5 horsepower located in the No. 68 and No. 78 
Mines with conditions.

    Docket No.: M-2001-096-C.
    FR Notice: 66 FR 52156.
    Petitioner: Leeco, Inc.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to place refuse over 
previously abandoned and reclaimed mines. The petitioner amended its 
petition for modification on August 26, 2002, to clarify its alternate 
method concerning what method and material would be used and put in 
place to cover the mine openings. It was determined that the material 
that will be used to reclaim portal openings at the No. 7, and 5A seams 
has a permeability of 6.25 x 10-6 cm/sec so that it will be 
relatively impermeable and will prevent air flow from the mine. In 
addition, spoil that is at least 2 feet deep by 50 feet wide will be 
placed on top of, and in front of the mine openings. The spoil will be 
compacted to 90%. When compacted to 90%, the refuse will not 
spontaneously combust because the density and the compactness of the 
refuse will prevent infiltration of sufficient oxygen to result in 
spontaneous combustion. Further, since the No. 7 and No. 5 coal seams 
dip away from the refuse pile, the small valley where the coal seams 
are located will be completely filled in front of the mine openings so 
that the closest distance between the face of the slope of fill and the 
deep mine openings will be approximately 400 feet. At this distance, 
the water from the deep mine openings will not affect the stability of 
the pile. This is considered an acceptable alternative method for the 
No. 64 Mine. MSHA grants the petition for modification for the No. 64 
Mine with conditions.

    Docket No.: M-2001-105-C.
    FR Notice: 66 FR 64993.
    Petitioner: Oxbow Mining, Inc.
    Regulation Affected: 30 CFR 75.804(a).
    Summary of Findings: Petitioner's proposal is to use a No. 16 
A.W.G. ground check conductor in a high-voltage cable. These cables 
would be flame-resistant Anaconda Type SHD+GC, Pirelli Type SHD-Center-
GC, Tiger Brand Type SHD-CGC, and other brands of cable of identical

[[Page 19855]]

construction, and used on high-voltage system(s). This is considered an 
acceptable alternative method for the Elk Creek Mine. MSHA grants the 
petition for modification for the use at the Elk Creek Mine with 
conditions.

    Docket No.: M-2001-110-C.
    FR Notice: 66 FR 67550.
    Petitioner: Apollo Coal Company.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed spring-loaded locking devices with specific fastening 
characteristics to secure plugs and electrical type connectors to 
batteries and to the permissible mobile powered equipment the batteries 
serve. The permanently installed spring-loaded locking devices would be 
used in lieu of padlocks 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 
use of permanently installed spring-loaded locking devices in lieu of 
padlocks on battery plug and receptacle-type connectors for mobile 
battery-powered equipment at the No. 3 Mine with conditions.
    Docket No.: M-2001-111-C.
    FR Notice: 66 FR 67551.
    Petitioner: Straight Fork Mining, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of part 18).
    Summary of Findings: Petitioner's proposal is to use permanently 
installed spring-loaded locking devices with specific fastening 
characteristics to secure plugs and electrical type connectors to 
batteries and to the permissible mobile powered equipment the batteries 
serve. The permanently installed spring-loaded locking devices would be 
used in lieu of padlocks 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 
use of permanently installed spring-loaded locking devices in lieu of 
padlocks on battery plug and receptacle-type connectors for mobile 
battery-powered equipment at the No. 3 Mine with conditions.

    Docket No.: M-2001-114-C.
    FR Notice: 66 FR 67551.
    Petitioner: Centralia Mining.
    Regulation Affected: 30 CFR 75.1100-2(a)(2).
    Summary of Findings: Petitioner's proposal is to use two (2) 
portable fire extinguishers near the slope bottom and an additional 
portable fire extinguisher within 500 feet of the working face for 
equivalent fire protection for the Skidmore Slope Mine. The use of 
these fire extinguishers would replace existing requirements where rock 
dust, water cars, and other water storage equipped with three, 10-quart 
pails is not practical. This is considered an acceptable alternative 
method for the Skidmore Slope Mine. MSHA grants the petition for 
modification for firefighting equipment in the working section at the 
Skidmore Slope Mine with conditions.

    Docket No.: M-2000-024-C.
    FR Notice: 65 FR 19928.
    Petitioner: Webster County Coal, LLC.
    Regulation Affected: 30 CFR 75.333.
    Summary of Findings: Petitioner's proposal is to use a temporary 
stopping in the return stopping line, outby the section tailpiece, for 
a short period of time prior to the section moving from entries to 
rooms in lieu of using a permanent type stopping. This is considered an 
acceptable alternative method for the Dotiki Mine. MSHA grants the 
petition for modification for use at the Dotiki Mine with conditions.

    Docket No.: M-2000-109-C.
    FR Notice: 65 FR 58819.
    Petitioner: The American Coal Company.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use a combination 
of suitable sized fuses or non-under-voltage release circuit breaker 
contactor, ground fault device, and three phase under-voltage relay, 
serving a three-phase low- or medium-voltage alternating current 
circuit. This modification is to apply to any or all low- or medium-
voltage circuits. This is considered an acceptable alternative method 
for the Galatia Mine. MSHA has determined that the proposed alternative 
method would apply only to stationary belt drive power centers, 
stationary water pump power centers, and longwall hydraulic pump power 
centers. MSHA has limited the modification to those applications. In 
addition, MSHA determined that future power centers and dedicated 
electrical installation, may be safely designed and constructed to 
produce higher low or medium output voltages by using the same basic 
modification. MSHA grants the petition for modification for the use at 
the Galatia Mine with conditions.

[FR Doc. 03-9842 Filed 4-21-03; 8:45 am]
BILLING CODE 4510-43-P