[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Pages 38389-38393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16248]



[[Page 38389]]

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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 CONTACT: 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 at Arlington, Virginia this 19th day of June 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2001-027-C.
    FR Notice: 66 FR 30232.
    Petitioner: Eighty-four Mining Company.
    Regulation Affected: 30 CFR 75.312(c).
    Summary of Findings: Petitioner's proposal is to test automatic 
closing doors and the automatic fan signal devices at least every 31 
days without shutting down the fan and without removing miners from the 
mine, to eliminate the hazards associated with shutting down the fan. 
This is considered an acceptable alternative method for the Mine 84. 
MSHA grants the petition for modification 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 without removing the miners from the mine at the Mine 84 
with conditions.

    Docket No.: M-2001-061-C.
    FR Notice: 66 FR 34466.
    Petitioner: Cumberland River Coal Company.
    Regulation Affected: 75.364(b)(2) & (4).
    Summary of Findings: Petitioner's proposal is to establish two 
monitoring stations to evaluate the air entering and leaving the area 
of the return air course where the roof is deteriorating. The 
petitioner will have a certified person examine the monitoring stations 
on a weekly basis and record the date, his/her initials, time of 
examination, and the quantity and quality of air in a book or on a date 
board maintained on the surface of the mine and made accessible to all 
interested parties. This is considered an acceptable alternative method 
for the Band Mill Mine. MSHA grants the petition for modification for 
the examination of approximately 600 feet of unsafe-to-travel air 
course in the 2 East Submains which ventilates the 1-Left Panel off of 
2 East Submain mine seals at the Band Mill Mine with conditions.

    Docket No.: M-2001-075-C.
    FR Notice: 66 FR 41891.
    Petitioner: Rockhouse Creek Development Corporation.
    Regulation Affected: 30 CFR 75.1103-4(a).
    Summary of Findings: Petitioner's proposal is to install a low-
level carbon monoxide detection system as an early warning fire 
detection system in all belt entries. This is considered an acceptable 
alternative method for the No. 1 Deep Mine. MSHA grants the petition 
for modification for the use of a carbon monoxide monitoring system 
that identifies the location of sensors in lieu of identifying belt 
flights at the No. 1 Deep Mine with conditions.

    Docket No.: M-2001-103-C.
    FR Notice: 66 FR 64993.
    Petitioner: Consol Pennsylvania Coal Company.
    Regulation Affected: 30 CFR 75.312(c) and (d).
    Summary of Findings: Petitioner's proposal is to test automatic 
closing doors and the automatic fan signal devices at least every 31 
days without shutting down the fan and without removing miners from the 
mine, to eliminate the hazards associated with shutting down the fan. 
This is considered an acceptable alternative method for the Enlow Fork 
Mine. MSHA grants the petition for modification 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 without removing the miners from the mine at the Enlow 
Fork Mine with conditions.

    Docket No.: M-2001-106-C.
    FR Notice: 67 FR 1368.
    Petitioner: Aracoma Coal Company.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use a properly 
rated vacuum contactor for under-voltage circuit protection and phase 
circuit protection. The petitioner proposes to also use a neutral 
grounding resister not more than 15 amperes for 480-volt circuit and/or 
over-current circuit protection, and conduct monthly examinations on 
each circuit for proper operation of the contactor and actuated under-
voltage and grounded phase trip devices. This is considered an 
acceptable alternative method for the Aracoma Alma Mine No. 1. 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 at the Aracoma Alma Mine 
with conditions.

    Docket No.: M-2001-113-C.
    FR Notice: 67 FR 07551.
    Petitioner: Centralia Mining.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to permit the 
reduction of two mine rescue teams with five members and one alternate 
each, to two mine rescue teams or three members with one alternate who 
serves both teams at its Skidmore Slope Mine. This is considered an 
acceptable alternative method for use at the Skidmore Slope Mine. MSHA 
grants the petition for modification for the Skidmore Slope Mine to 
allow each of the two mine rescue teams to include three members with 
one alternate who serves both

[[Page 38390]]

teams. All mine rescue team members and the alternate shall be fully 
qualified, trained, and equipped for providing emergency mine rescue 
service in anthracite mines.

    Docket No.: M-2001-123-C.
    FR Notice: 67 FR 6754.
    Petitioner: Warrior Coal, LLC.
    Regulation Affected: 30 CFR 75.1103-4(a).
    Summary of Findings: Petitioner's proposal is to install a carbon 
monoxide detection system that identifies the location of sensors in 
lieu of identifying belt flights. This is considered an acceptable 
alternative method for the Cardinal Mine. MSHA grants the petition for 
modification for the Cardinal Mine to allow the location of a CO sensor 
signaling an alert or alarm to identify the belt flight on which a fire 
is detected with conditions.

    Docket No.: M-2001-125-C.
    FR Notice: 67 FR 6755.
    Petitioner: Oxbow Mining, LLC.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
wye connected, 260 KW portable diesel 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 Elk Creek Mine. MSHA grants the 
petition for modification for use of the 480-volt, three-phase, 320KW/
400KVA diesel powered generator (DPG) set supplying power to a three-
phase transformer, and three-phase 480-volt, and 995-volt power 
circuits Elk Creek Mine with conditions.

    Docket No.: M-2001-126-C.
    FR Notice: 67 FR 6755.
    Petitioner: Oxbow Mining, LLC.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is a 480-volt, wye 
connected, 260 KW portable diesel 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 Elk Creek Mine. MSHA grants the petition for 
modification for use of the 480-volt, three-phase, 260 KW 300KVA diesel 
powered generator set supplying power to a three-phase transformer, and 
three-phase 480-volt, and 995-volt power circuits at the Elk Creek Mine 
with conditions.

    Docket No.: M-2002-013-C.
    FR Notice: 67 FR 13197.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal is to use portable fire 
extinguishers where rock dust, water cars, and other water storage 
equipped with three (3) ten quart pails is not practical. The 
petitioner proposes to use two (2) fire extinquishers near the slope 
bottom and an additional portable fire extinguisher within 500 feet of 
the working face for equivalent fire protection at the N & L Slope 
Mine. This is considered an acceptable alternative method for the N & L 
Slope Mine. MSHA grants the petition for modification for the use of 
firefighting equipment in the working section at the N & L Slope Mine 
with conditions.

    Docket No.: M-2002-015-C.
    FR Notice: 67 FR 14977.
    Petitioner: Peabody Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to continuously 
monitor methane and oxygen concentrations at evaluation points closest 
to the mine fan and XC-91 using a Conspec Mine Monitoring system that 
would be manned around the clock and set up to alarm at oxygen levels 
less than 19.5% and methane levels greater than 1.0%. This is 
considered an acceptable alternative method for the Camp 11 
Mine. MSHA grants the petition for modification for the use of 
continuous monitoring using intrinsically safe sensors installed as 
part of the mine's Atmospheric Monitoring System and weekly evaluation 
of air entering and leaving approximately 1600 feet of 1st Main South 
West return air course which ventilates the accessible 2nd Panel 
Southeast Mine seals at the Camp 11 Mine with conditions.

    Docket No.: M-2002-016-C.
    FR Notice: 67 FR 14977.
    Petitioner: Blue Diamond Coal Company.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to place Coarse 
Refuse Fill 1 over abandoned mine openings located in the 
Leatherwood (5A) seam. Coarse refuse at the Beech Fork Refuse Fill, 
formerly the Beech Fork Slurry Impoundment, will cover the sealed drift 
mine openings and auger holes into the Leatherwood coal seam. The seam 
dips west toward the present Stonecoal Branch Slurry Impoundment. This 
is considered an acceptable alternative method for the 76 
Preparation Plant. MSHA grants the petition for modification for the 
76 Preparation Plant with conditions.

    Docket No.: M-2002-017-C.
    FR Notice: 67 FR 14977.
    Petitioner: Knox Creek Coal Corporation.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to install a low-
level carbon monoxide detection system as an early warning fire 
detection system in all belt entries used as intake spacing between air 
courses. This is considered an acceptable alternative method for the 
Tiller No. 1 Mine. MSHA grants the petition for modification to allow 
air coursed through conveyor belt haulage entries to be used to 
ventilate active working places at the Tiller No. 1 Mine with 
conditions.

    Docket No.: M-2002-018-C.
    FR Notice: 67 FR 14977.
    Petitioner: Paramont Coal Company Virginia, LLC (Formerly Paramont 
Coal Corporation, Commonwealth 5 Mine).
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use belt air to 
ventilate active working places by installing a low-level carbon 
monoxide detection system as an early warning fire detection system in 
all belt entries used as an intake air course. This is considered an 
acceptable alternative method for the Deep Mine 26. MSHA 
grants the petition for modification to allow air coursed through 
conveyor belt haulage entries to be used to ventilate active working 
places at the Deep Mine 26 with conditions.

    Docket No.: M-2002-020-C.
    FR Notice: 67 FR 14977.
    Petitioner: Alfred Brown Coal Company.
    Regulation Affected: 30 CFR 75.1400(c).
    Summary of Findings: Petitioner's proposal is to use a slope 
conveyance (gunboat) with increased rope strength and secondary safety 
rope connections instead of safety catches or other no less effective 
devices to transport persons. This is considered an acceptable 
alternative method for the 7 Ft Slope Mine. MSHA grants the petition 
for modification for the hoist conveyance (gunboat) without safety 
catches at the 7 Ft Slope Mine with conditions.

    Docket No.: M-2002-023-C.
    FR Notice: 67 FR 14978.
    Petitioner: Alfred Brown Coal Company.
    Regulation Affected: 30 CFR 75.360(b)(5).
    Summary of Findings: Petitioner's proposal is to conduct a visual 
examination of each seal from the slope gunboat for physical damage 
during the pre-shift examination after an air quantity reading is taken 
in by the intake portal. The examination will be conducted before every 
shift. A certified

[[Page 38391]]

person designated by the operator will take air readings at the top of 
the slope and in the gangway just off the slope. The air readings will 
be taken to determine the quality of air entering the mine and working 
section by testing for methane and oxygen deficiency, to determine the 
volume of air entering the working section, and to determine if the air 
is moving in the proper direction. This is considered an acceptable 
alternative method for the 7 Ft Slope Mine. MSHA grants the petition 
for modification for examinations of seals (conducted from the gunboat) 
in the intake air haulage slope of the 7 Ft Slope Mine with conditions.

    Docket No.: M-2002-024-C.
    FR Notice: 67 FR 14978.
    Petitioner: Alfred Brown Coal Company.
    Regulation Affected: 30 CFR 75.1200(d), (h), 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 7 Ft Slope Mine. MSHA grants the petition for modification for 
the 7 Ft Slope Mine with conditions.

    Docket No.: M-2002-036-C.
    FR Notice: 67 FR 19286.
    Petitioner: New Century Mining, Inc.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to construct a coarse 
refuse disposal area (Coarse Refuse Disposal Area No. 5) within the 
face-up area of the abandoned Kodiak Mine No. 1. This is considered an 
acceptable alternative method for the Pineywoods Preparation Plant. 
MSHA grants the petition for modification for the Pineywoods 
Preparation Plant (I.D. No. 01-02976) with conditions.

    Docket No.: M-2002-039-C.
    FR Notice: 67 FR 31835.
    Petitioner: Consol of Pennsylvania Coal Company.
    Regulation Affected: 30 CFR 75.503 and 30 CFR 18.35.
    Summary of Findings: Petitioner's proposal is to increase the 
maximum length of trailing cables for continuous mining machines to 950 
feet. This is considered an acceptable alternative method for the Enlow 
Fork Mine. MSHA grants the petition for modification to apply only to 
trailing cables that supply 995-volt, three-phase, alternating current 
to continuous mining machine(s) with conditions.

    Docket No.: M-2002-045-C.
    FR Notice: 67 FR 39746.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation check points in an area of the return air course where roof 
conditions are deteriorating and expose persons to hazardous 
conditions. This is considered an acceptable alternative method for the 
Blacksville No. 2 Mine. MSHA grants the petition for modification for 
the unsafe-to-travel segment (approximately 2,000 feet) of the multiple 
common return entries for 2 West Panel approaching Wana Air Shaft at 
the Blacksville No. 2 Mine with conditions.

    Docket No.: M-2002-050-C.
    FR Notice: 67 FR 45553.
    Petitioner: Bubber Coal Company, Inc.
    Regulation Affected: 30 CFR 75.503 and 30 CFR 18.41(f).
    Summary of Findings: Petitioner's proposal is to permanently 
install spring-loaded locking devices instead of using padlocks to 
prevent unintentional loosening of battery plugs from battery 
receptacles and to eliminate the hazards associated with difficult 
removal of padlocks during emergency situations. This is considered an 
acceptable alternative method for the No. 1 Mine. MSHA grants the 
petition for modification for the use of permanently installed spring-
loaded locking devices in lieu of padlocks on battery plugs at the No. 
1 Mine with conditions.

    Docket No.: M-2002-052-C.
    FR Notice: 67 FR 49966.
    Petitioner: Titan Mining, Inc.
    Regulation Affected: 30 CFR 75.1103-4(a).
    Summary of Findings: Petitioner's proposal is to install a carbon 
monoxide monitoring system as an early warning fire detection system in 
all belt entries to identify a sensor location in lieu of identifying 
each belt flight. This is considered an acceptable alternative method 
for the Laurel Fork Deep Mine. MSHA grants the petition for 
modification for use at the Laurel Fork Mine with conditions.

    Docket No.: M-2002-057-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 coursed 
through belt haulage entries to ventilate active working places. The 
petitioner proposes to install a carbon monoxide monitoring system as 
an early warning fire detection system all belt entries used to course 
intake air to a working place. This is considered an acceptable 
alternative method for the Highland 11 Mine. MSHA grants the petition 
for modification for use at the Highland 11 Mine with conditions.

    Docket No.: M-2002-059-C.
    FR Notice: 67 FR 49967.
    Petitioner: Consol of Kentucky, Inc.
    Regulation Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal is to use a single 
overhead pipe system with \1/2\-inch orifice automatic sprinklers 
located on 10-foot centers, to cover 50 feet of fire-resistant belt or 
150 feet of non-fire resistant belt, with actuation temperatures 
between 200 and 230 degrees Farenheit, and with water pressure equal to 
or greater than 10 psi. This is considered an acceptable alternative 
method for the Beaver Gap E-3 Mine. MSHA grants the petition for 
modification for use at the Beaver Gap E-3 Mine with conditions.

    Docket No.: M-2002-069-C.
    FR Notice: 67 FR 54676.
    Petitioner: Oxbow Mining, LLC.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use air coursed 
through the conveyor belt haulage entries to ventilate 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 Elk Creek Mine. MSHA grants the petition for modification for 
the use at the Elk Creek Mine with conditions.

    Docket No.: M-2002-071-C.
    FR Notice: 67 FR 59317.
    Petitioner: F-M Coal Corporation.
    Regulation Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal is to use two five-pound 
and one ten-pound portable chemical fire extinguisher on each Mescher 
tractor at the Mine No. 4. The tractor operator will inspect each fire 
extinguisher on a daily basis prior to entering the escapeway and keep 
a record at the mine of all inspections. The petitioner proposes to 
maintain a sufficient number of fire extinguishers at the mine in case 
a defective fire extinguisher is detected. This is considered an 
acceptable alternative method for the Mine No. 4. MSHA grants the 
petition for modification for the use Mine No. 4 with conditions.

    Docket No.: M-2002-081-C.
    FR Notice: 67 FR 6316.

[[Page 38392]]

    Petitioner: Remington 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 Stockburg No. 1 Mine. MSHA grants the petition for 
modification for mining through or near (whenever the safety barrier 
diameter is reduced to a distance less than the District Manager would 
approve pursuant to Section 75.1700) plugged oil or gas wells 
penetrating the Stockton and Coalburg Coal Seams and other minable coal 
seams using continuous miners, conventional mining, or longwall mining 
methods at the Stockburg No. 1 Mine with conditions.
    Docket No.: M-2002-085-C.
    FR Notice: 67 FR 66168.
    Petitioner: KenAmerican Resources, Inc.
    Regulation Affected: 30 CFR 75.380(g).
    Summary of Findings: Petitioner's proposal is to request a variance 
from the existing standard so that the primary escapeway for the 
9 Slope would not be required to be separated from the belt 
entries until the initial development stage is completed, that is, when 
connection is made to the airshaft. This is considered an acceptable 
alternative method for the Brier Creek Mine. MSHA grants the petition 
for modification for the slope, during initial development, until 
development can progress to the airshaft and make connection at the 
Brier Creek Mine with conditions.

    Docket No.: M-2002-087-C.
    FR Notice: 67 FR 66169.
    Petitioner: Highland Coal Company (Formerly Peabody Coal Company).
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to amend its 
previously granted petition for modification, docket number M-2002-040-
C, to revise 30 CFR 75.1002 paragraph 14(b) of same section, to allow 
routine use of cable crossovers, and to revise paragraph 43(b), to 
allow a temporary transformer that is not mounted to the mining 
machine. The petitioner's proposed alternative method is essentially 
the same as the special terms and conditions previously granted under 
the Proposed Decision and Order (PDO) of docket number M-2001-040-C. 
The significant difference in the proposed alternative method address 
the method of powering the tram motors of the miner during equipment 
moves, and proposed wording changes and additions to clarify the intent 
of Item No. 14. This is considered an acceptable alternative method for 
the Highland Mine. MSHA grants the petition for modification for the 
2400-volt high-voltage continuous miner(s) at the Highland Mine with 
conditions.

    Docket No.: M-2002-089-C.
    FR Notice: 67 FR 66169.
    Petitioner: Europa Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is use a Joy 12CM27 
continuous miner which operates at 2,400 volts. This is considered an 
acceptable alternative method for the Dry Branch Coalburg Mine. MSHA 
grants the petition for modification to use 2,400-volt high-voltage 
continuous miner at the Dry Branch Coalburg Mine with conditions.

    Docket No.: M-2002-100-C .
    FR Notice: 67 FR 7198.
    Petitioner: Highland Mining Company.
    Regulation Affected: 30 CFR 75.503 and 30 CFR 18.41(f) .
    Summary of Findings: Petitioner's proposal is to use spring-loaded 
locking device on battery plug connectors on mobile battery-powered 
equipment to prevent the threaded ring securing the battery plugs to 
the battery receptacles from unintentional loosening, and attach 
locking device brackets to the battery receptacles to prevent the loss 
of the brackets. The petitioner proposes to install a warning tag on 
all battery plug connectors that states ``Do Not Disengage Under 
Load,'' and provide instructions on the safe practices and provisions 
to all persons who operate or maintain the battery-powered machines. 
The petitioner will revise its training plan to specify initial and 
refresher training for use of the spring-loaded devices. This is 
considered an acceptable alternative method for the Highland 
11 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 Highland 11 Mine with 
conditions.
    Docket No.: M-2002-101-C.
    FR Notice: 67 FR 71989 .
    Petitioner: Oxbow Mining, LLC.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to operate its diesel 
grader at a maximum speed of between 10 and 12 miles per hour or less, 
train all grader operators to lower the moldboard (grader Blade) for 
additional stopping capability in emergencies, and to recognize 
appropriate levels of speed for different road conditions and slopes. 
This is considered an acceptable alternative method for the Elk Creek 
Mine. MSHA grants the petition for modification for the Elk Creek Mine 
with conditions. The Proposed decision and Order is limited in 
application to the Getman RDG-1504C, diesel graders (Roadbuilder), 
which has 6 wheels.

    Docket No.: M-2002-108-C .
    FR Notice: 67 FR 78822.
    Petitioner: A, B & J Coal Company.
    Regulation Affected: 30 CFR 75.503 and 30 CFR 18.41(f).
    Summary of Findings: Petitioner's proposal is to use a permanently 
installed spring-loaded locking device on battery plug connectors on 
mobile battery-powered equipment in lieu of padlocks. The spring-loaded 
locking device would prevent unintentional loosening of the battery 
plugs from battery receptacles and eliminate the hazards associated 
with difficult removal of padlocks during emergency situations. This is 
considered an acceptable alternative method for the Mine 3C. 
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 Mine 3C with conditions.

    Docket No.: M-2002-118-C.
    FR Notice: 68 FR 1485.
    Petitioner: Canyon Fuel Company, LLC.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to install and use a 
non-permissible, 4,160-volt AC power submersible pump in a cased 
borehole which penetrates an abandoned and sealed portion of the 
Skyline Mine No. 3, Level 2 workings. This is considered an acceptable 
alternative method for the Skyline Mine No. 3. MSHA grants the petition 
for modification for the use of 4,160-volt, three-phase, alternating 
current submersible pumps installed in boreholes in the Skyline Mine 
No. 3 with conditions.

    Docket No.: M-2003-004-C.
    FR Notice: 68 FR 5664 .
    Petitioner: Remington Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a 2,400 volt 
Joy 14CM27 continuous mining machine in lieu of the 2,400 volt Joy 
12CM27 continuous mining machine currently being used at the Stockburg 
No. 1 Mine. This is considered an acceptable alternative method for the 
Stockburg No. 1 Mine. MSHA grants the petition for modification for the 
use of the 2,400-volt high-voltage continuous miner(s) at

[[Page 38393]]

the Stockburg No. 1 Mine with conditions.

    Docket No.: M-2001-004-M.
    FR Notice: 66 FR 52156.
    Petitioner: Kennecott Utah Copper Corporation.
    Regulation Affected: 30 CFR 56.14109.
    Summary of Findings: Petitioner's proposal is to use emergency stop 
devices in the form of a hand-held portable radio at portions of the 
Bingham Canyon Mine's Mine-Concentrator Conveyor where pull-cords or 
railings are not located. When the radio is activated through a single 
push-button at any position along the beltway, the conveyor motor will 
be deactivated and the belt will stop and miners will be prevented from 
contacting moving conveyor belts and receiving serious injuries. This 
is considered an acceptable alternative method for the Bingham Canyon 
Mine. MSHA grants the petition for modification for the Bingham Canyon 
Mine with conditions.

    Docket No.: M-2002-001-M.
    FR Notice: 67 FR 11718.
    Petitioner: OCI Wyoming, LP.
    Regulation Affected: 30 CFR 57.22305.
    Summary of Findings: Petitioner's proposal is to use a 12 to 18 
volt battery powered cordless drill manufactured by Black & Decker, 
DeWalt, Makita, Milwaukee or Hilti, or use similar battery powered 
drills for an indefinite period of time, in or beyond the last open 
crosscut. This is considered an acceptable alternative method for the 
Big Island Mine. MSHA grants the petition for modification for the Big 
Island Mine with conditions.

[FR Doc. 03-16248 Filed 6-26-03; 8:45 am]
BILLING CODE 4510-43-P