[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Notices]
[Pages 56790-56794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21231]


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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 on 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, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209. For further information contact 
Barbara Barron at 202-693-9447.

    Dated at Arlington, Virginia this 15th day of September 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2002-028-C.
    FR Notice: 67 FR 19284.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to amend the Proposed 
Decision and Order (PDO) for its previously granted petition for 
modification, docket number M-1993-275-C, as it relates to air courses 
ventilating the No. 3 North seals and the No. 2\1/2\ North seals at the 
Loveridge No. 22 Mine. The petitioner's request is to amend paragraph 4 
of the previous PDO to permit a certified person to conduct weekly 
examinations of each of the eight (8) monitoring stations to evaluate 
the quality of methane and oxygen content (measured by a hand-held 
instrument) and quantity of air entering and exiting the monitoring 
station, and to determine air course leakage. This is considered an 
acceptable alternative method for the Loveridge No. 22 Mine. MSHA 
grants the petition for modification for continuous monitoring using 
intrinsically safe sensors installed as part of the mine's Atmospheric 
Monitoring System (AMS) and weekly evaluation of air entering and 
leaving the intake air courses ventilating No. 3 North seals and No. 
2\1/2\ North seals for the Loveridge No. 22 Mine with conditions.

    Docket No.: M-2002-043-C.
    FR Notice: 67 FR 37443.
    Petitioner: Lone Mountain Processing, Incorporated.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
three-phase, 300KW/375VA diesel powered generator (DPG) set to supply 
power to a three-phase wye connected 300 KVA auto transformer and 
three-phase 480-volt and 995-volt power circuits. This is considered an 
acceptable alternative method for the Darby Fork No. 1 Mine. MSHA 
grants the petition for modification for the LIMA MAC, 480-volt, Model 
No. 68MDL10094, 300KW diesel powered generator (DPG) set, supplying 
power to a 300 KVA autotransformer to develop 995-volt power circuits 
for the Darby Fork No. 1 Mine with conditions.

    Docket No.: M-2002-044-C.

[[Page 56791]]

    FR Notice: 67 FR 37443.
    Petitioner: Lone Mountain Processing, Incorporated.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
three-phase, 300KW/375VA diesel powered generator (DPG) set to supply 
power to a three-phase wye connected 300 KVA auto transformer and 
three-phase 480-volt and 995-volt power circuits. This is considered an 
acceptable alternative method for the Huff Creek Mine No. 1. MSHA 
grants the petition for modification for the LIMA MAC, 480-volt, Model 
No. 68MDL10094, 300KW diesel powered generator (DPG) set, supplying 
power to a 300 KVA autotransformer to develop 995-volt power circuits 
for the Huff Creek Mine No. 1 with conditions.

    Docket No.: M-2002-073-C.
    FR Notice: 67 FR 59318.
    Petitioner: Mountain Coal Company, L.L.C.
    Regulation Affected: 30 CFR 75.352.
    Summary of Findings: Petitioner's proposal is to temporarily use a 
portion of the 4 Belt Entry as a return air course and use 
specific stipulations listed in the petition for modification to 
achieve an equivalent level of safety when implementing its proposed 
alternative method. These stipulations will remain in effect only until 
a return air course can be established between the E-seam and the shaft 
that connects the B-seam to the F-seam. This is considered an 
acceptable alternative method for the West Elk Mine. MSHA grants the 
petition for modification for use of belt haulage in a return air 
course, only between the F and B coal seams along the No. 4 belt in the 
No. 1 Rock Slope entry, during initial development of the E-seam, 
between the rock slopes and the inner-seam return air shaft, 
conditioned upon compliance with the terms and conditions listed in the 
Proposed Decision and Order for the West Elk Mine.

    Docket No.: M-2003-027-C.
    FR Notice: 68 FR 23501.
    Petitioner: Baylor Mining, Inc.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to have a certified 
person check the quantity and quality of air at four monitoring 
stations (identified as EP No. 3, EP No. 4, EP No. 5, and EP No. 6) 
intake and return air courses on a weekly basis in the area 
approximately 700 feet of the return air course in the 1st Left section 
of the Beckley Crystal Mine due to extremely hazardous roof conditions 
and several roof falls. The petitioner asserts that traveling the 
affected areas would be unsafe. The petitioner filed this petition for 
modification seeking to modify the application of 30 CFR 75.364(a)(1). 
MSHA determined that the petitioned area is not a worked out area and 
is best classified as a designated return air course. Therefore, the 
petition is being treated as a request to modify the application of 30 
CFR 75.364(b)(2). This is considered an acceptable alternative method 
for the Beckley Crystal Mine. MSHA grants the petition for modification 
for the examination of approximately 700 feet of unsafe-to-travel 
return air course in the 1st Left Section from Spad No. 1839 to one 
block inby Spad No. 1792 for the Beckley Crystal Mine with conditions.

    Docket No.: M-2003-038-C.
    FR Notice: 68 FR 37176.
    Petitioner: Anker West Virginia Mining Company, Inc.
    Regulation Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation points to monitor the quality, quantity, and direction of 
air flow through the A Mains intake air course starting at Spad 428 and 
ending at Spad 388, a distance of 3,100 feet. The evaluation points 
will be established at the inby end of the intake air course near Spad 
388 to test for methane accumulation oxygen deficiency, quantity of air 
and for the proper direction of air flow; the evaluation points will be 
examined on a weekly basis; test results will be recorded in a book 
provided on the surface; and preshift examination of the belt side of 
the intake stopping line separating the belt from the intake air course 
will be made every 8 hours and any hazardous conditions found will be 
recorded in a book provided on the surface. This is considered an 
acceptable alternative method for the Spruce Fork Mine No. 1. MSHA 
grants the petition for modification for evaluation of the unsafe-for-
examination intake air course segment (approximately 3,100 feet) known 
as the A Mains Air Course Area for the Spruce Fork Mine No. 1 with 
conditions.

    Docket No.: M-2003-041-C.
    FR Notice: 68 FR 37177.
    Petitioner: R & D Coal Company, Inc.
    Regulation Affected: 30 CFR 75.311(b)(2) and (b)(3).
    Summary of Findings: Petitioner's request is that electrical 
circuits entering the underground mine remain energized to the mine's 
de-watering pumps while the mine ventilation fan is intentionally 
stopped during idle shifts while no miners are underground. This is 
considered an acceptable alternative method for the Buck Mountain Slope 
Mine. MSHA grants the petition for modification to permit the 
electrical circuits entering the underground mine to remain energized 
to the mine's de-watering pumps while the mine ventilation fan is 
intentionally stopped during idle shifts while no miners are 
underground for the Buck Mountain Slope Mine with conditions.

    Docket No.: M-2003-042-C.
    FR Notice: 68 FR 37177.
    Petitioner: Orchard Coal Company, Inc.
    Regulation Affected: 30 CFR 75.311(b)(2) and (b)(3).
    Summary of Findings: Petitioner's request is that electrical 
circuits entering the underground mine remain energized to the mine's 
de-watering pumps while the mine ventilation fan is intentionally 
stopped during idle shifts while no miners are underground. This is 
considered an acceptable alternative method for the Orchard Slope Mine. 
MSHA grants the petition for modification to permit the electrical 
circuits entering the underground mine to remain energized to the 
mine's de-watering pumps while the mine ventilation fan is 
intentionally stopped during idle shifts while no miners are 
underground for the Orchard Slope Mine with conditions.

    Docket No.: M-2003-053-C.
    FR Notice: 68 FR 47367.
    Petitioner: Jim Walter Resources, Inc.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to use deep well 
submersible pumps driven by sealed areas in the underground mines. This 
is considered an acceptable alternative method for the No. 4, No. 5, 
and No. 7 Mines. MSHA grants the petition for modification for the use 
of 4,160-volt, three-phase, and alternating-current submersible pump(s) 
installed in boreholes in the No. 4, No. 5, and No. 7 Mines with 
conditions.

    Docket No.: M-2003-066-C.
    FR Notice: 68 FR 57933.
    Petitioner: Little Eagle Coal Company, LLC.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use a vacuum 
contactor in series with the circuit breaker to perform tripping tasks 
normally associated with the circuit breaker using specific procedures 
listed in the petition for modification. This is considered an 
acceptable alternative method for the Little Eagle 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

[[Page 56792]]

medium-voltage power circuits serving three-phase alternating current 
equipment located in the Little Eagle Mine with conditions.

    Docket No.: M-2003-068-C.
    FR Notice: 68 FR 61701.
    Petitioner: Black Beauty Coal Company.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to mine through oil 
and gas wells in lieu of plugging the wells and to establish and 
maintain a barrier around various abandoned wells. This is considered 
an acceptable alternative method for the Francisco Mine, Underground 
Pit. 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 Indiana V coal seam 
and other mineable coal seams for the Francisco Mine, Underground Pit 
with conditions.

    Docket No.: M-2004-070-C.
    FR Notice: 68 FR 61701.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish check 
points to monitor the area of the return air course from Main North 104 
block to 3 West 12 block due to deteriorating roof conditions which has 
caused the affected area to be unsafe for travel in its entirety to 
conduct weekly examinations. The petitioner proposes to establish check 
points 3W-1 and 3W-2 to measure air quality and quantity at the inlet 
to the affected air course, and check point 3W-3 to measure air quality 
and quantity at the outlet from the affected air course; maintain the 
check points in safe condition at all times; and have a certified 
person test for methane and the quantity of air on a weekly basis and 
record the results of the test in book with their initials, date, and 
time and kept on the surface for inspection by interested person(s). 
This is considered an acceptable alternative method for the Robinson 
Run Mine. MSHA grants the petition for modification for the examination 
of approximately 2,200 feet of unsafe-to-travel return air course from 
Main North 104 Block to 3 West 12 Block for the Robinson Run Mine with 
conditions.

    Docket No.: M-2003-072-C.
    FR Notice: 68 FR 61701.
    Petitioner: Bowie Resources, Limited.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to use an alternate 
method of compliance for the grounding of a diesel generator. The 
petitioner proposes to use a 460KW diesel powered generator to move 
electrically powered mining equipment in, out, and around the mine 
only, and to perform work in areas outby section loading points where 
permissible equipment is not required. This is considered an acceptable 
alternative method for the Bowie No. 3 Mine. MSHA grants the petition 
for modification for the Bowie No. 3 Mine with conditions.
    Docket No.: M-2003-075-C.
    FR Notice: 68 FR 61702.
    Petitioner: Bowie Resources Limited.
    Regulation Affected: 30 CFR 75.1726(a).
    Summary of Findings: Petitioner's proposal is to use modified 
diesel powered L.H.D.'s or ``scoops'' as elevated mobile work platforms 
at the Bowie No. 3 Mine using specific procedures listed in the 
petition for modification. This is considered an acceptable alternative 
method for the Bowie No. 3 Mine. MSHA grants the petition for 
modification for the Bowie No. 3 Mine with conditions.

    Docket No.: M-2003-078-C.
    FR Notice: 68 FR 64129.
    Petitioner: Consol Pennsylvania Coal Company.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to install non-
permissible submersible pumps to be installed in bleeder and return 
entries and sealed areas of the Enlow Fork Mine. On December 2, 2003, 
the petitioner filed an amended petition for modification requesting 
that the Bailey Mine also apply to this petition (69 FR 42070, July 13, 
2004). This is considered an acceptable alternative method for the 
Enlow Fork and Bailey Mines. MSHA grants the petition for modification 
for the use of low- and medium-volt, three phase, alternating current, 
non-permissible submersible pump(s) installed in bleeder and return 
entries and sealed areas for the Enlow Fork and Bailey Mines with 
conditions.

    Docket No.: M-2003-080-C.
    FR Notice: 68 FR 64129.
    Petitioner: KenAmerican Resources, Inc.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish a 
Measuring Point Location in the Main East return at x-cut 10 
(MPL 1B) and the ventilation entries at x-cut 7 (MPL C & D), 
and in the Main North return at x-cut 1, due to deteriorating 
roof conditions which causes unsafe conditions for traveling the entire 
affected area to conduct weekly examinations. This is considered an 
acceptable alternative method for the Paradise 9 Mine. MSHA 
grants the petition for modification for the unsafe-to-travel segment 
(approximately 1,300 feet) of the Main North and Main East return air 
course for the Paradise 9 Mine with conditions.

    Docket No.: M-2003-081-C.
    FR Notice: 68 FR 64129.
    Petitioner: Bowie Resources Limited.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use high-voltage 
continuous miners inby the last crosscut and within 150 feet of the 
pillar workings. This is considered an acceptable alternative method 
for the Bowie No. 3 Mine. MSHA grants the petition for modification for 
the use of the 2,400-volt high-voltage continuous miner(s) at the Bowie 
No. 3 Mine with conditions, Proposed Decision and Order (PDO) dated May 
3, 2004. On April 26, 2004, the petitioner requested application of 
relief to give effect to the PDO, because to delay the effective date 
of the PDO for the normal 30-day period would cause an unnecessary 
disruption of mining activities and significant economic loss. On May 
3, 2004, MSHA grants application for relief to give effect to May 3, 
2004, to allow the high-voltage continuous miner, previously granted 
modification under Docket Number M-2003-023-C, to be used at the Bowie 
No. 3 Mine under identical granting terms and conditions.

    Docket No.: M-2003-083-C.
    FR Notice: 68 FR 67217.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.500(b).
    Summary of Findings: Petitioner's proposal is to use the following 
non-permissible low-voltage or battery-powered electronic testing and 
diagnostic equipment inby the last open crosscut: 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, and 
electronic tachometers, and battery operated drills. The petitioner 
states that all other test and diagnostic equipment may be used if 
approved in advance by MSHA's District Office. This is considered an 
acceptable alternative method for the South Crandall Canyon Mine. MSHA 
grants the petition for modification for the use of low-voltage or 
battery-powered non-permissible electronic testing and diagnostic

[[Page 56793]]

equipment in or inby the last open crosscut or within 150 feet of 
pillar workings or longwall face, under controlled conditions, for 
testing and diagnosing the mining equipment at the South Crandall 
Canyon Mine with conditions.

    Docket No.: M-2003-085-C.
    FR Notice: 68 FR 67218.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.1002-1(a) now 75.1002(a).
    Summary of Findings: Petitioner's proposal is to use the following 
non-permissible low-voltage or battery-powered electronic testing and 
diagnostic equipment inby the last open crosscut: 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, and 
electronic tachometers, and battery operated drills. The petitioner 
states that all other test and diagnostic equipment may be used if 
approved in advance by MSHA's District Office. This is considered an 
acceptable alternative method for the South Crandall Canyon Mine. MSHA 
grants the petition for modification for the use of low-voltage or 
battery-powered non-permissible electronic testing and diagnostic 
equipment in or inby the last open crosscut or within 150 feet of 
pillar workings or longwall face, under controlled conditions, for 
testing and diagnosing the mining equipment at the South Crandall 
Canyon Mine with conditions.
    Docket No.: M-2003-087-C.
    FR Notice: 68 FR 67218.
    Petitioner: White County Coal, LLC.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug oil and gas 
wells using the proven techniques described in this petition for 
modification and then mine in close proximity or through such plugged 
wells using the specific procedures listed in the petition. This is 
considered an acceptable alternative method for the Pattiki II 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 or gas wells penetrating the Illinois No. 6 coal seam and other 
mineable coal seams using continuous miners, conventional mining, or 
longwall mining methods for the Pattiki II Mine with conditions.

    Docket No.: M-2003-089-C.
    FR Notice: 68 FR 67218.
    Petitioner: Warrior Coal, LLC.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to mine through oil 
and gas wells in all mineable coal beds using the specific terms and 
conditions listed in this petition for modification. This is considered 
an acceptable alternative method for the Cardinal 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 Kentucky Numbers 9 and 11 coal seams and other 
mineable coal seams using continuous miners, conventional mining, or 
longwall mining methods for the Cardinal Mine with conditions.

    Docket No.: M-2003-098-C.
    FR Notice: 69 FR 3948.
    Petitioner: Little Buck Coal Company.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to reduce the two 
mine rescue teams with five members and one alternate each, to two mine 
rescue teams with three members and one alternate for either team. This 
is considered an acceptable alternative method for the No. 2 Slope 
Mine. MSHA grants the petition for modification for the No. 2 Slope 
Mine with conditions.

    Docket No.: M-2004-002-C.
    FR Notice: 69 FR 7796.
    Petitioner: CONSOL of Kentucky, Inc.
    Regulation Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal is to use a single line 
of automatic sprinklers for its fire protection system on main and 
secondary belt conveyors in the Jones Fork E-3 Mine. The petitioner 
proposes to: (i) 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 Fahrenheit and 
the water pressure equal to or greater than 10 psi; (ii) locate 
automatic sprinklers not more than 10 feet apart so that the discharge 
of water will extend over the belt drive, belt take-up, electrical 
control, and gear reducing unit; (iii) conduct a test during 
installation of each new system and during any subsequent repair or 
replacement of any critical part thereof; (iv) conduct a functional 
test to insure proper operation during subsequent repair or replacement 
of any critical part thereof; and (v) conduct an annual functional test 
of each sprinkler system. This is considered an acceptable alternative 
method for the Jones Fork E-3 Mine. MSHA grants the petition for 
modification for a single overhead pipe sprinkler system in the Jones 
Fork E-3 Mine with conditions.

    Docket No.: M-2004-003-C.
    FR Notice: 69 FR 7796.
    Petitioner: Paramount Coal Company Virginia, LLC.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to place scalp rock 
in an area containing abandoned mine openings. The petitioner proposes 
to use the existing abandoned VICC 3 mine pit, located on 
Russell Creek off State Route 655 in Virginia City, Wise County, 
Virginia, for disposing scalp rock from the VICC 3 and VICC 
10 Mines, and reclaim the highwall above the abandoned VICC 
8 Portals. Disposal of the scalp rock will necessitate the 
sealing of the three mine openings. This is considered an acceptable 
alternative method for the VICC No. 3 and VICC No. 10 Mines. MSHA 
grants the petition for modification for the VICC No. 3 and No. 10 
Mines with conditions.

    Docket No.: M-2004-007-C.
    FR Notice: 69 FR 11894.
    Petitioner: Mingo Logan Coal Company.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to use coarse coal 
mine refuse material from the Black Bear Preparation Plant to seal and 
reclaim four mine openings of the abandoned Select Mining, Inc., Mine 
No. 5. This is considered an acceptable alternative method for the 
Black Bear Preparation Plant. MSHA grants the petition for modification 
for the Black Bear Preparation Plant with conditions.

    Docket No.: M-2004-008-C.
    FR Notice: 69 FR 11894.
    Petitioner: Remington, LLC.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a high-voltage 
2,400-volt Joy 14CM27 continuous miner at the Stockburg No. 2 Mine. 
This is considered an acceptable alternative method for the Stockburg 
No. 2 Mine. MSHA grants the petition for modification for the Stockburg 
No. 2 Mine with conditions, Proposed Decision and Order (PDO) dated May 
11, 2004. On May 7, 2004, the petitioner requested application of 
relief to give effect to the PDO, because to delay the effective date 
of the PDO for the normal 30-day period would cause an unnecessary 
disruption of mining activities and significant economic loss.

[[Page 56794]]

On May 11, 2004, MSHA grants application for relief to give effect to 
May 11, 2004, to allow the high-voltage continuous miner, previously 
granted modification under Docket Number M-1998-001-C, to be used at 
the Stockburg No. 2 Mine under current and nearly identical granting 
terms and conditions.

    Docket No.: M-2004-009-C.
    FR Notice: 69 FR 13593.
    Petitioner: Coteau Properties Company.
    Regulation Affected: 30 CFR 77.803.
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of compliance when raising or lowering the boom/mast during 
construction/maintenance, most likely during disassembly or major 
maintenance. The petitioner proposes to use this procedure only to 
raise or lower the boom/mast on draglines using the on-board motor 
generator sets. This is considered an acceptable alternative method for 
the Freedom Mine. MSHA grants the petition for modification for 
dragline boom or mast raising, lowering, assembling, disassembling or 
during major repairs which require raising or lowering the dragline 
boom or mast by the on-board generators for the Freedom Mine with 
conditions.

    Docket No.: M-2004-010-C.
    FR Notice: 69 FR 13593.
    Petitioner: TXU Mining Company LP.
    Regulation Affected: 30 CFR 77.803.
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of compliance when raising or lowering the boom/mast during 
construction/maintenance, most likely during disassembly or major 
maintenance. The petitioner proposes to use this procedure only to 
raise or lower the boom/mast on draglines using the on-board motor 
generator sets. This is considered an acceptable alternative method for 
the Big Brown Strip Mine, Winfield North Strip Mine, Winfield South 
Strip Mine, Beckville Strip Mine, Tatum Strip Mine, and Oak Hill Strip 
Mine. MSHA grants the petition for modification for dragline boom or 
mast raising, lowering, assembling, disassembling or during major 
repairs which require raising or lowering the dragline boom or mast by 
the on-board generators for the Big Brown Strip Mine, Winfield North 
Strip Mine, Winfield South Strip Mine, Beckville Strip Mine, Tatum 
Strip Mine, and Oak Hill Strip Mine with conditions.

    Docket No.: M-2004-012-C.
    FR Notice: 69 FR 18986.
    Petitioner: The Sabine Mining Company.
    Regulation Affected: 30 CFR 77.803.
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of compliance when raising or lowering the boom/mast during 
necessary repairs. The machine will not be in operation during the 
procedure for raising and lowering the boom for construction/
maintenance. This modification will not replace any other mechanical 
precautions or the requirements of 30 CFR 77.405(b) that are necessary 
to safely secure booms/masts during construction or maintenance 
procedures. This is considered an acceptable alternative method for the 
South Hallsville No. 1 Mine. MSHA grants the petition for modification 
for dragline boom or mast raising, lowering, assembling, disassembling 
or during major repairs which require raising or lowering the dragline 
boom or mast by the on-board generators for the South Hallsville No. 1 
Mine.

    Docket No.: M-2004-013-C.
    FR Notice: 69 FR 18986.
    Petitioner: CONSOL of Kentucky, Inc.
    Regulation Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal is to use a single line 
of automatic sprinklers for its fire protection system on main and 
secondary belt conveyors in the Raccoon E-1 Mine. The petitioner 
proposes to use a single overhead pipe system with \1/2\-inch orifice 
automatic sprinklers located on 10-foot centers, located to cover 50 
feet of fire-resistant belt or 150 feet of non-fire resistant belt, 
with actuation temperatures between 200 and 230 degrees Fahrenheit, and 
with water pressure equal to or greater than 10 psi. The petitioner 
also proposes to have the automatic sprinklers located not more than 10 
feet apart so that the discharge of water will extend over the belt 
drive, belt take-up, electrical control, and gear reducing unit; 
conduct a test to insure proper operation during the installation of 
each new system and during any subsequent repair or replacement of any 
critical part of the sprinkler system; conduct a functional test to 
insure proper operation during subsequent repair or replacement of any 
critical part of the sprinkler system; and conduct a functional test on 
an annual basis. This is considered an acceptable alternative method 
for the Raccoon E-1 Mine. MSHA grants the petition for modification for 
a single overhead pipe sprinkler system for the Raccoon E-1 Mine with 
conditions.

    Docket No.: M-2003-002-M.
    FR Notice: 68 FR 55293.
    Petitioner: Phelps Dodge Morenci Incorporated.
    Regulation Affected: 30 CFR 56.6309.
    Summary of Findings: Petitioner's proposal is to use recycled waste 
oil to prepare ammonium nitrate-fuel oil at the Morenci Mine using the 
specific procedures listed in the petition for modification. This is 
considered an acceptable alternative method for the Morenci Mine. MSHA 
grants the petition for modification for the Morenci Mine with 
conditions.

[FR Doc. 04-21231 Filed 9-21-04; 8:45 am]
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