Summary of Decisions Granting in Whole or in Part Petitions for Modification

SUMMARY: Under section 101(c) of the Federal Mine Safety and Health Act

of 1977, the Secretary of Labor may modify 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.

Summaries of petitions received by the Secretary appear

periodically in the Federal Register. 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 has granted or partially granted

the requests for modification submitted by the petitioners listed

below. In some instances the decisions are conditioned upon compliance

with stipulations stated in the decision.

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, Room 627, 4015 Wilson Boulevard,

Arlington, Virginia 22203.

Dated: June 13, 1995.

Richard V. Zeutenhorst,

Associate Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-92-166-C

FR Notice: 57 FR 59361

Petitioner: Costain Coal, Inc.

Reg Affected: 30 CFR 75.360

Summary of Findings: Petitioner's proposal to establish a continuous

monitoring station to monitor the air passing through the William

Station intake air shaft, the 3rd East, the 8th Main North intake and

the 9th Main North entries considered acceptable alternative method.

Granted with conditions for the 3rd East, 8th Main North, and 8th Main

North Parallel intake aircourses.

Docket No.: M-93-108-C

FR Notice: 58 FR 39238

Petitioner: Wenrich Coal Company

Reg Affected: 30 CFR 75.335

Summary of Findings: Petitioner's proposal for construction of seals

using wooden materials of moderate size and weight due to the

difficulty in accessing previously driven headings and breasts

containing inaccessible abandoned workings; to accept a design criteria

in the 10 psi range; and to permit the water trap to be installed in

the gangway seal and sampling tube in the monkey seal for seals

installed in pairs considered acceptable alternative method. Granted

with conditions.

Docket No.: M-93-146-C

FR Notice: 58 FR 39569

Petitioner: RoxCoal, Inc.

Reg Affected: 30 CFR 75.1719-1

Summary of Findings: Petitioner's proposal to ensure that no equipment

or pedestrians will travel in front of mobile roof support (MRS) while

its being set up; to provide the MRS with reflective tape; and to use

continuous mining machines to illuminate the MRS area of travel on the

pillar line instead of illuminating the work area considered acceptable

alternative method. Granted with conditions for the J. H. Fletcher

mobile roof support, Model No. MRS-13 (MRS), used as mobile roof

support for second mining.

Docket No.: M-93-149-C

FR Notice: 58 FR 39569

Petitioner: Little Rock Coal Company

Reg Affected: 30 CFR 75.335

Summary of Findings: Petitioner's proposal for construction of seals

using wooden materials of moderate size and weight due to the

difficulty in accessing previously driven headings and breasts

containing inaccessible abandoned workings; to accept a design criteria

in the 10 psi range; and to permit the water trap to be installed in

the gangway seal and sampling tube in the monkey seal for seals

installed in pairs considered acceptable alternative method. Granted

with conditions.

Docket No.: M-93-210-C

FR Notice: 58 FR 44701

Petitioner: Drummond Company, Inc.

Reg Affected: CFR 75.1103-4(a)

Summary of Findings: Petitioner's proposal to install low-level carbon

monoxide sensors as an early warning fire detection system in all belt

entries in lieu of point-type heat sensors considered acceptable

alternate method. Granted with conditions. Petitioner's request for

relief to give effect to the modification granted.

Docket No.: M-93-211-C

FR Notice: 58 FR 44701

Petitioner: Drummond Company, Inc.

Reg Affected: 30 CFR 75.350

Summary of Findings: Petitioner's proposal to install a low-level

carbon monoxide detection system as an early warning fire detection

system in all belt entries used as intake aircourses. Granted for the

use of belt air to ventilate active working sections. Petitioner's

application for relief to give effect to the March 2, 1995, Proposed

Decision and Order GRANTED.

Docket No.: M-93-252-C

FR Notice: 58 FR 50055

Petitioner: The Harriman Coal Corporation

Reg Affected: 30 CFR 77.409(b)

Summary of Findings: Petitioner's proposal to operate its Caterpillar

Excavators, Model 245 without handrails on the outside of walkways

considered acceptable alternative method. Granted with conditions.

Docket No.: M-93-267-C

FR Notice: 58 FR 57627

Petitioner: AMAX Coal Company

Reg Affected: 30 CFR 77.900

Summary of Findings: Petitioner's proposal to use electronic pump

controllers to sense the volume of water coming into the pit pumps and

automatically turn the pump on and off electronically considered

acceptable alternative method. Granted with conditions for pontoon-

mounted de-watering pumps to be operated with undervoltage protection

provided by the ground monitor circuit breaker.

Docket No.: M-93-271-C

FR Notice: 58 FR 57627

Petitioner: Peabody Coal Company

Reg Affected: 30 CFR 75.364(b)(1)

Summary of Findings: Petitioner's proposal to establish evaluation

points in each of the aircourse entries #1, #2, and #3 at the outby end

of the 1st Sub-Main North aircourse near coordinate 1+70 and at the

inby end near coordinate 12+70; to test these evaluation points on a

weekly basis and record the test results in a designated book; and to

travel the ``neutral entries'' adjacent to the 1st Sub-Main North

entries on a weekly basis when monitoring the atmosphere that

ventilates the entries considered acceptable alternative method.

Granted with conditions for the 1st Sub-main North intake aircourse

entries from coordinate 1+70 to 12+70, located between crosscut No. 15

to crosscut No. 84.

[[Page 32181]] Docket No.: M-93-308-C

FR Notice: 58 FR 64972

Petitioner: Consolidation Coal Company

Reg Affected: 30 CFR 75.1002

Summary of Findings: Petitioner's request that paragraph 25 of MSHA's

Proposed Decision and Order, docket number M-92-90-C be amended to

eliminate conflict between paragraph 25 and MSHA's subsequently issued

section 75.342(a)(2) requirements considered acceptable alternative

method. Granted with conditions for the high-voltage longwall system at

the Robinson Run No. 95 Mine.

Docket No.: M-93-309-C

FR Notice: 58 FR 64972

Petitioner: Tennessee Energy Corporation

Reg Affected: 30 CFR 75.333(g)

Summary of Findings: Petitioner's proposal to designate specific

locations strategically positioned and to evaluate the quantity and

quality of air entering and leaving the affected area instead of

ventilating and evaluating each individual area considered acceptable

alternative method. Granted with conditions for the unventilated room

necks of the mine's main return aircourse for approximately 1,300 feet.

Docket No.: M-93-311-C

FR Notice: 58 FR 64972

Petitioner: Maple Meadow Mining Company

Reg Affected: 30 CFR 75.364(a)(1)

Summary of Findings: Petitioner's proposal to establish monitoring

stations at a point 50 feet outby spad #2076, No. 3 Entry to monitor

the quantity and direction of air entering and leaving the affected

area due to deteriorating roof conditions considered acceptable

alternative method. Granted with conditions for the intake aircourse

through 2111 panel.

Docket No.: M-93-313-C

FR Notice: 58 FR 64972

Petitioner: Heatherly Mining, Inc.

Reg Affected: 30 CFR 75.1700

Summary of Findings: Petitioner's proposal to mine through oil and gas

well boreholes considered acceptable alternative method. Granted with

conditions.

Docket No.: M-93-317-C

FR Notice: 58 FR 68670

Petitioner: Richland Coal Company (now Canfield Energy, Inc.)

Reg Affected: 30 CFR 75.342

Summary of Findings: Petitioner's proposal to monitor continuously with

a hand-held methane and oxygen detector instead of using a methane

monitoring system on permissible three-wheel tractors with drag bottom

buckets considered acceptable alternative method. Granted with

conditions for the permissible three-wheel battery-powered tractors

used to load coal.

Docket No.: M-93-318-C

FR Notice: 58 FR 68670

Petitioner: Consolidation Coal Company

Reg Affected: 30 CFR 75.343(b)

Summary of Findings: Petitioner's proposal to ventilate the underground

shop with intake air that is coursed through the affected air course

directly into a return air course and that is not used to ventilate

working places; and to establish check points to monitor for methane

and the quantity of air in the affected area on a weekly basis due to

deteriorating conditions considered acceptable alternative method.

Granted with conditions for the underground shop known as the Bowers

Air Shaft Motor Barn.

Docket No.: M-93-321-C

FR Notice: 58 FR 68671

Petitioner: Energy West Mining Company (formerly Utah Power and Light

Company)

Reg Affected: 30 CFR 75.1101-8

Summary of Findings: Petitioner requests to amend MSHA's Proposed

Decision and Order, dated April 29, 1987 granting petition for

modification, docket number M-85-49-C. Petitioner's proposal to protect

all belt drives in these mines with water sprinkler systems; to use

upright type sprinkler heads as an alternative to the previously

approved pendant type sprinkler heads; and to include an optional 2-

inch outlet at the end of the 2-inch sprinkler pipe to extend the

circuit in order to provide optional coverage of remote headrollers at

its Deer Creek, Trail Mountain and Cottonwood Mines in Emery County,

Utah considered acceptable alternative method. Granted with conditions.

Docket No.: M-93-327-C

FR Notice: 59 FR 1568

Petitioner: McElroy Coal Company

Reg Affected: 30 CFR 75.364(b)(2)

Summary of Findings: Petitioner's proposal to establish evaluation

points at specific locations and to have a certified person monitor for

methane and the quantity and quality of air at these evaluation points

on a weekly basis and record the results in a book kept on the surface

due to deteriorating roof conditions in certain areas of the return

aircourse considered acceptable alternative method. Granted with

conditions for the ``East Return'' aircourses between Monitoring

Station No. 8 (near 2 South sealed area) and Monitoring Station No. 9

(near Big Tribble return air shaft).

Docket No.: M-94-03-C

FR Notice: 59 FR 4114

Petitioner: Peabody Coal Company

Reg Affected: 30 CFR 75.364(b)(4)

Summary of Findings: Petitioner's proposal to have a certified person

to monitor on a weekly basis the methane and oxygen concentrations and

quantity of air outby the No. 1 Permanent Seal at Station 41+10 in

Entry 1 of the 1st Submain North off the 1st Submain East and inby the

No. 1 Permanent Seal at Station 40+70 in Entry 1 of the 1st Submain

North off the 1st Submain East due to hazardous roof conditions and to

record the results in a book kept on the surface available to

interested persons considered acceptable alternative method. Granted

with conditions for the examination of the No. 1 seal of the 2nd Panel

West at the Camp No. 1 Mine.

Docket No.: M-94-30-C

FR Notice: 59 FR 15238

Petitioner: Mon River Mining Corporation

Reg Affected: 30 CFR 75.364(b)(2)

Summary of Findings: Petitioner's proposal to establish evaluation

check point No. 3 outby and check point No. 4 inby the crosscut due to

deteriorating roof conditions in the right return in the crosscut outby

the belt overcast and the adjacent heading at survey Station No. 45; to

post danger signs and block off the affected area; to check each side

of the crosscut for proper air movement and for methane and oxygen

deficiency and record the date, time and initials on date board on each

side of the crosscut; to make weekly examinations and record the

results in a record book kept on the surface available to interested

persons considered acceptable alternative method. Granted with

conditions for approximately 50 feet of the return aircourse off the

No. 1 and No. 2 Right rooms ventilated worked-out areas at the No. 1

Deep Mine.

Docket No.: M-94-35-C

FR Notice: 59 FR 17793

Petitioner: Mountain Coal Company

Reg Affected: 30 CFR 75.804(a)

Summary of Findings: Petitioner's proposal to use 2/0 and 4/0 Anaconda

SHD+GC, and 2/0 and 4/0 Pirelli SHD-Center-GC type flame resistant

cables with a flexible No. 16 A.W.G. ground check conductor for the

ground check continuity check circuit on high-voltage longwall

system(s) considered acceptable alternative [[Page 32182]] method.

Granted with conditions for Mountain Coal Company's West Elk Mine's

longwall systems at the West Elk Mine.

Docket No.: M-94-37-C

FR Notice: 59 FR 17793

Petitioner: Golden Oak Mining Company, L.P.

Reg Affected: 30 CFR 75.1710-1

Summary of Findings: Petitioner's proposal to operate its Joy 21

shuttle cars without canopies or cabs and assertion that application of

the standard would result in a diminution of safety to the miners

considered acceptable. Granted for the two-middle 21SC Joy shuttle cars

on the 004-0 MMU section, in mining heights less than 48 inches at the

Tango Mine .

Docket No.: M-94-53-C

FR Notice: 59 FR 24729

Petitioner: Kerr-McGee Coal Corporation

Reg Affected: 30 CFR 75.503

Summary of Findings: Petitioner's proposal to use electric motor-driven

mine equipment in a longwall recovery room to serve as a power center

(transformer) in intake air for furnishing power to roofbolters with a

1200 foot long, Number 2, G-GC, 2KV trail cable that is protected for a

short circuit fault with an instantaneous circuit breaker set at not

more than 600 amperes at all points of the recovery room considered

acceptable alternative method. Granted with conditions for trailing

cables supplying the 3 Flether single boom roof bolters, Model No. CDR-

13-EC-F, approval No. 2G-2674A-4, Serial Nos. 91086, 91087, and 92048

at the Galatia No. 56-1 Mine.

Docket No.: M-94-58-C

FR Notice: 59 FR 26816

Petitioner: Costain Coal, Inc.

Reg Affected: 30 CFR 75.1002

Summary of Findings: Petitioner's proposal to use high-voltage (2400

volts) operated equipment inby the last open crosscut at the working

longwall sections considered acceptable alternative method. Granted

with conditions for the permissible high-voltage longwall equipment at

the Baker Mine.

Docket No.: M-94-60-C

FR Notice: 59 FR 29304

Petitioner: CONSOL of Kentucky, Inc.

Reg Affected: 30 CFR 75.1101-8

Summary of Findings: Petitioner's proposal 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

nonfire-resistant belt with actuation temperatures between 200 and 230

degrees fahrenheit with water pressure equal or greater than 10 psi and

with sprinklers located 10 feet apart so that the discharge of water

will extend over the belt drive, belt take-up, electrical control, and

gear reducing unit considered acceptable alternative method. Granted

with conditions at the Jones Fork #11bcde-h4 Mine.

Docket No.: M-94-62-C

FR Notice: 59 FR 29305

Petitioner: Air Products and Chemicals, Inc.

Reg Affected: 30 CFR 77.213

Summary of Findings: Petitioner's proposal to have an escapeway not

less than 30 inches in diameter from the tunnel within 24 feet of the

tail roller at the closed end of the tunnel; to install a cable type

heat detection system set at 140 degrees fahrenheit in the enclosed

portion of the tunnel; to install heat activated sprinklers in the

tunnel; to install a carbon monoxide (CO) monitoring sensor in the

tunnel near the tail roller in order to activate a visual alarm in the

area of the tail roller and in the main and fuel handling control rooms

when a level of 15 ppm is reached; and to install a pull cord

throughout the tunnel to stop the belt conveyor considered acceptable

alternative method. Granted with conditions for an alternate escapeway

from the conveyor tunnel at the Cambria Cogeneration Facility.

Docket No.: M-94-66-C

FR Notice: 59 FR 32465

Petitioner: Blue Arc Coal Corporation, Inc.

Reg Affected: 30 CFR 75.342

Summary of Findings: Petitioner's proposal to monitor continuously with

a hand-held methane and oxygen detector instead of using a methane

monitoring system on permissible three-wheel tractors with drag bottom

buckets considered acceptable alternative method. Granted with

conditions for the Mescher permissible three-wheel battery-powered

tractors used to load coal at the No. 2 Mine.

Docket No.: M-94-68-C

FR Notice: 59 FR 32465

Petitioner: Island Creek Coal Company

Reg Affected: 30 CFR 75.1100-2(b)

Summary of Findings: Petitioner's proposal to have a fire hose

strategically located of sufficient length so that any affected area of

the belt would be covered from the most proximate fire hose outlet; to

have 700 feet of fire hose instead of the required 500 feet at a

location in the immediate area of the longwall belt drive; to have

crosscuts leading to the firehose outlets passable from the belt entry

by removing a portion of the stoppings at or near the fire hose outlets

or by providing stopping doors at or near the fire hose outlets

considered acceptable alternative method. Granted with conditions for

the retreating longwall sections at the VP-8 Mine.

Docket No.: M-94-82-C

FR Notice: 59 FR 35148

Petitioner: K & S Coal Company

Reg Affected: 30 CFR 75.1100-2(a)(2)

Summary of Findings: Petitioner's proposal to use only portable fire

extinguishers to replace existing requirements where rock dust, water,

cars, and other water storage are not practical considered acceptable

alternative method. Granted with conditions for firefighting equipment

in the working sections at the First Chance Slope Mine.

Docket No.: M-94-107-C

FR Notice: 59 FR 40924

Petitioner: Energy West Mining Company

Reg Affected: 30 CFR 75.804(a)

Summary of Findings: Petitioner's proposal to use Cablec Anacondabrand

5KV 3/C Type SHD+GC, Piralli Type SHD-CENTER-GC, or Tiger Brand 5KV

Type SHD-CGC, MSHA-approved flame resistant cables with a flexible No.

16 A.W.G. ground check conductor for the ground continuity check

circuit, on high-voltage longwall systems considered acceptable

alternative method. Granted with conditions for longwall systems at the

Deer Creek Mine.

Docket No.: M-94-114-C

FR Notice: 59 FR 40925

Petitioner: Consolidation Coal Company

Reg Affected: 30 CFR 75.503

Summary of Findings: Petitioner's proposal to use 800 feet of trailing

cables with three-phase 480 volt to supply power to loading machines,

shuttle cars, roofbolters, and section ventilation fans while

developing longwall panels considered acceptable alternative method.

Granted with conditions for the loading machines, roofbolters, shuttle

cars, and section ventilation fans used to develop three-entry longwall

panels in the Dilworth Mine.

Docket No.: M-94-115-C

FR Notice: 59 FR 40925

Petitioner: R & S Coal Company

Reg Affected: 30 CFR 75.1400

Summary of Findings: Petitioner's proposal to use the gunboat without

safety catches and an increased rope strength safety factor and

secondary safety connections which are securely [[Page 32183]] fastened

around the gunboat and to the hoisting rope above the main connecting

device because of the steep, frequently changing pitch and numerous

curves and knuckles in the main haulage slope considered acceptable

alternative method. Granted with conditions for the use of the gunboat

without safety catches at the Primrose Slope Mine.

Docket No.: M-94-122-C

FR Notice: 59 FR 43869

Petitioner: Freeman United Coal Mining Company

Reg Affected: 30 CFR 75.1002

Summary of Findings: Petitioner's proposal to use high-voltage (2400

volts) cables to power longwall equipment inby the last open crosscut

and within 150 feet of pillar workings (gob) areas considered

acceptable alternative method. Granted with conditions for the

permissible high-voltage longwall equipment at the Orient No. 6 Mine.

Docket No.: M-94-131-C

FR Notice: 59 FR 46269

Petitioner: Monterey Coal Company

Reg Affected: 30 CFR 75.503

Summary of Findings: Petitioner's proposal to use two Fletcher Model

CDR-15 slim line roof bolters with No. 2 AWG G-GC portable cables with

1,200 feet of the cable reaching across the face from the power center

outby and near the end of the longwall panel in order to provide

additional support for the face in preparation for equipment transfer

to the next panel considered acceptable alternative method. Granted

with conditions at the No. 1 Mine.

Docket No.: M-94-132-C

FR Notice: 59 FR 46269

Petitioner: Consolidation Coal Company

Reg Affected: 30 CFR 75.1002

Summary of Findings: Petitioner's proposal to use high-voltage (4160

volts) cables inby the last open crosscut to supply power to longwall

equipment and that application of the standard would result in a

diminution of safety to the miners considered acceptable alternative

method. Granted with conditions for the hybrid longwall system

(combination high-voltage and medium voltage) at the Showmaker Mine.

Docket No.: M-94-164-C

FR Notice: 59 FR 59435

Petitioner: Mallie Coal Company, Inc.

Reg Affected: 30 CFR 75.342

Summary of Findings: Petitioner's proposal to monitor continuously with

a hand-held methane and oxygen detector instead of using a methane

monitoring system on permissible three-wheel tractors with drag bottom

buckets considered acceptable alternative method. Granted with

conditions for the Mescher permissible three-wheel battery-powered

tractors used to load coal at the No. 4 Mine.

Docket No.: M-94-183-C

FR Notice: 60 FR 3437

Petitioner: Southern Utah Fuel Company

Reg Affected: 30 CFR 75.1002

Summary of Findings: Petitioner's proposal to use high-voltage (2400

volts) cables to power longwall equipment considered acceptable

alternative method. Granted with conditions for the permissible high-

voltage longwall equipment at the SUFCo Mine. Petitioner's application

for relief to give effect to the March 17, 1995, Proposed Decision and

Order GRANTED.

Docket No.: M-79-32-M

FR Notice: 45 FR 3678

Petitioner: Kerr-McGee Chemical Corp. (now New Mexico Potash

Corporation)

Reg Affected: 30 CFR 57.11050 (previously 30 CFR 57.11-50)

Summary of Findings: Petitioner's granted petition for modification was

reviewed and changes were noted which have occurred since petition was

granted. Based on this review. MSHA has issued an amended Proposed

Decision and Order. Petitioner's proposal to use a rescue changer

instead of a second escapeway in certain limited situations considered

acceptable alternative method. Granted with conditions.

Docket No.: M-81-01-M

FR Notice: 48 FR 12564

Petitioner: Sunshine Mining Company (now Sunshine Precious Metals,

Inc.)

Reg Affected: 30 CFR 57.11059 (previously 57.11-59)

Summary of Findings: Petitioner's granted petition for modification was

reviewed and changes were noted which have occurred since petition was

granted. Based on this review, MSHA has issued an amended Proposed

Decision and Order. Petitioner's proposal to use a one-hour self-

contained breathing apparatus for their underground hoist operators

considered acceptable alternative method. Granted with conditions.

Docket No.: M-82-03-M

FR Notice: 47 FR 8896

Petitioner: Franklin Limestone Company (now Franklin Industrial

Minerals)

Reg Affected: 30 CFR 57.4761 (previously 57.4-61B)

Summary of Findings: Petitioner's granted petition for modification was

reviewed and noted that changes were needed to the previous amended

Proposed Decision and Order December 14, 1994, to incorporate the

changes specified as it pertains to operating an underground shop

without fire extinguishers installed. Based on this review, MSHA has

issued an amended Proposed Decision and Order to correct the phrase to

read ``. . . ordered that modification of the application of 30 CFR

57.4761 to the Crab Orchard Mine as it pertains to operating an

underground shop without certain ventilation or mechanical fire control

devices installed.'' Granted with conditions.

Docket No.: M-86-20-M

FR Notice: 52 FR 5217

Petitioner: Kennecott Utah Copper

Reg Affected: 30 CFR 56.9300 (previously 56.9022)

Summary of Findings: On December 3, 1986, Petitioner filed a petition

seeking a modification of the application of 30 CFR 56.9022 to its Utah

Copper Division Concentrator Plants located in Magna, Salt Lake County,

Utah. The petitioner alleging that application of the standard would

result in a diminution of safety to the miners and that the alternative

method outlined in the petition would guarantee no less than the same

measure of protection as the mandatory standard. A Proposed Decision

and Order (PDO) was issued granting this petition on May 25, 1988. On

June 24, 1988, petitioner submitted comments requesting correction to

certain sections in the PDO. On July 14, 1988, MSHA issued an amended

PDO incorporating the changes requested by petitioner, allowing the

operator to use the tailings impoundment roadway without berms or

guards conditioned upon petitioner's compliance with specific factors

and upon circumstances existing at the mine at the time modification

was granted. On October 24, 1988, the mandatory standard was revised

and redesignated as 56.9300. On July 26, 1994, petitioner submitted a

request for petition to be amended, noting that conditions have changed

since previous petition was granted. After review of the entire record,

and MSHA's investigative report and recommendations, an amended PDO was

issued on March 8, 1995, modifying the granted modification of 30 CFR

56.9022 to Kennecott Utah Copper Concentrator--North. On March 28,

1995, petitioner submitted [[Page 32184]] comments requesting

correction and/or clarification of certain sections in the PDO. This

amended PDO incorporates the changes requested by the petitioner.

Granted with conditions.

Docket No.: M-94-18-M

FR Notice: 59 FR 15239

Petitioner: Santa Fe Pacific Gold Corp.

Reg Affected: 30 CFR 56.6309

Summary of Findings: Petitioner's proposal to recycle used petroleum-

based and lubrication oil from equipment and blend it with fuel oil to

create a blasting agent (ANFO) was granted, MSHA Proposed Decision and

Order (PDO) issued November 21, 1994, to the Twin Creeks Mine, allowing

the operator to use waste oil instead of conventional oil when

preparing Ammonium Nitrate Fuel oil blasting agents with specific

conditions. On December 8 and 29, 1994, the petitioner submitted a

review of the conditions relevant to the PDO. In that review it was

noted that conditions No. 2, 6, and 14 were incorrect and needed to be

modified. This PDO incorporates those modifications. Granted with

conditions.

Docket No.: M-94-38-M

FR Notice: 59 FR 50008

Petitioner: Independent Aggregates

Reg Affected: 30 CFR 56.6306(b)

Summary of Findings: Petitioner's proposal to continue drilling the

shop pattern while loading is in progress by completing a drill hole

and immediately loading the hole while continuing to drill a new hole

considered acceptable alternative method. Granted with conditions.

[FR Doc. 95-15055 Filed 6-19-95; 8:45 am]

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