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

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.

-----------------------------------------------------------------------

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 CONTACT: Petitions and copies of the final

decisions are available for examination by the public in the Office of

Standards, Regulations, and Variances, MSHA, Room 627, 4015 Wilson

Boulevard, Arlington, Virginia 22203. Contact Barbara Barron at 703-

235-1910.

Dated: November 20, 1997.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-97-011-C.

FR Notice: 62 FR 11927.

Petitioner: Consol Pennsylvania Coal Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to permit the maximum

lengths of the loading machine, roof bolter, and section ventilation

fan trailing cables supplying equipment from 480-volt alternating

current systems to be increased to 800 feet considered acceptable

alternative method. Granted for the Bailey Mine with conditions for the

extended length, 480-volt, three-phase alternating current trailing

cables, used to develop the three and four entry longwall development

panels and the eleven-entry mains at the Bailey Mine.

Docket No.: M-97-014-C.

FR Notice: 62 FR 11927.

Petitioner: Genwal Resources, 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 for the Crandall Canyon Mine with conditions.

Docket No.: M-97-039-C.

FR Notice: 62 FR 23799.

Petitioner: Spruce Fork Coal Company, Inc.

[[Page 63394]]

Reg Affected: 30 CFR 75.503(b)(2).

Summary of Findings: Petitioner's proposal to use a spring loaded

locking device, instead of padlocks to secure battery plugs to machine

mounted receptacles, that would prevent the threaded lock on a plug

from turning and becoming loose unintentionally considered acceptable

alternative method. Granted for the Spruce Fork Mine No. 1 with

conditions for the use of permanently installed spring-loaded locking

devices in lieu of padlocks on battery plugs.

Docket No.: M-97-041.

FR Notice: 62 FR 29370.

Petitioner: Pine Ridge Coal Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to replace a padlock on

battery plug connectors on mobile battery-powered machines with a

threaded ring and a spring loaded device to prevent the plug connector

from accidently disengaging while under load considered acceptable

alternative method. Granted for the Robin Hood No. 9 Mine with

conditions for the use of permanently installed spring-loaded locking

devices in lieu of padlocks on battery plugs.

Docket No.: M-97-043-C.

FR Notice: 62 FR 29371.

Petitioner: Peabody Coal Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to attach a spring-

loaded plug interlock to the plug receptacle which is permanently

attached to the battery case, and in addition the spring-loaded plug

interlock has been designed so that when the battery plugs are secured

and the spring-loaded interlock released, the threaded ring securing

the battery plugs cannot become loose considered acceptable alternative

method. Granted for the Marissa Mine with conditions for the use of

permanently installed spring-loaded locking devices in lieu of padlocks

on battery plugs.

Docket No.: M-97-055-C.

FR Notice: 62 FR 29372.

Petitioner: Pen Coal Corporation.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to replace a padlock on

battery plug connectors on mobile battery-powered machines with a

threaded ring and a spring loaded device to prevent the plug connector

from accidently disengaging while under load; and to instruct all

persons on the requirements for operating or maintaining battery-

powered machines considered acceptable alternative method. Granted for

the Deep Mine No. 4 with conditions for the use of permanently

installed spring-loaded locking devices in lieu of padlocks on battery

plugs.

Docket No.: M-96-002-C.

FR Notice: 61 FR 13882.

Petitioner: Ohio County Coal Company, Inc.

Reg Affected: 30 CFR 75.901(a).

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

powered generator (DPG) without an earth referenced ground considered

acceptable alternative method. Granted for the Freedom Mine with

conditions for the diesel powered generator located in the Freedom

Mine.

Docket No.: M-96-007-C.

FR Notice: 61 FR 13883.

Petitioner: Consolidation Coal Company.

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

Summary of Findings: Petitioner's proposal to establish a

checkpoint and make a weekly examination where an extended probe would

be used to examine the No. 3 Seal for methane and a smoke tube would be

used to verify the direction of air flow; to have the person making the

examination and tests record their initials, date and time in a record

book which would be kept on the surface and made available for

inspection by interested parties; and to maintain the checkpoint and

all approaches to the checkpoint in safe condition at all times

considered acceptable alternative method. Granted for the Shoemaker

Mine with conditions for weekly examinations of the No. 3 seal which

has been rendered inaccessible and hidden from full visibility by

fallen roof material and entry deterioration near Browns Run Shaft at a

safe location, 20 feet outby the seal.

Docket No.: M-96-009-C.

FR Notice: 61 FR 13883.

Petitioner: Peabody Coal Company.

Reg Affected: 75.1100-2(b).

Summary of Findings: Petitioner's proposal to install firehouse

outlets with valves in the longwall gate entries every fourth cross-cut

at intervals of approximately 440 feet instead of at intervals of 300

feet considered acceptable alternative method. Granted for the Camp No.

11 Mine with conditions for the increased interval between fire hose

outlets on the water line installed alongside belt conveyors or in

entries adjacent to belt conveyors.

Docket No.: M-96-010-C.

FR Notice: 61 FR 13883.

Petitioner: Monterey Coal Company.

Reg Affected: 30 CFR 75.1100-2(i)(1).

Summary of Findings: Petitioner's proposal to use the following

emergency materials instead of emergency materials required by the

mandatory safety standard: 112 Kennedy Metal Shopping Panels with

associated head sills and twist clamps; 24 Kennedy Stopping Rib Angles;

3 rolls of tape; 3 twist tools; 2 rolls of brattice cloth; 3 stopping

jacks; 3 picks; 3 shovels; 9 buckets of Celtite 10-12 (or equivalent

material for stopping); and 5 tons of rock dust considered acceptable

alternative method. Granted for the No. 1 Mine with conditions for

emergency materials readily available at locations not exceeding 2

miles from each working section.

Docket No.: M-96-011-C.

FR Notice: 61 FR 13883.

Petitioner: Peabody Coal Company.

Reg Affected: 30 CFR 77.1304(a).

Summary of Findings: Petitioner's proposal to use waste petroleum-

based lubrication oil recycled from equipment used at its mine for

blending with diesel fuel oil to create ammonium nitrate/fuel oil

(ANFO) for use as a blasting agent considered acceptable alternative

method. Granted for the Hawthorn Mine with conditions for the

collection, processing, and use of petroleum-based used oils, for

blending with No. 2 diesel fuel (fuel oil), to sensitize ammonium

nitrate prill, and the temporary storage and use of the resulting

blasting agent (ANFO).

Docket No.: M-96-014-C.

FR Notice: 61 FR 17733.

Petitioner: Tennessee Energy Corporation.

Reg Affected: 30 CFR 75.1405.

Summary of Findings: Petitioner's proposal to use a 9-foot steel

tongue with a hole on each end aligned with existing holes in the frame

of the motor and flatcar and secured with a pin, to couple the motor to

the flatcar instead of using automatic couplers considered acceptable

alternative method. Granted for Mine No. 43 with conditions.

Docket No.: M-96-024-C.

FR Notice: 61 FR 20543.

Petitioner: West End Coal Company, Deep Mine.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps on an annual basis instead of the required 6 month interval

and to update maps daily by hand notations considered acceptable

alternative method. Granted for the Last Chance Slope Mine with

conditions for annual revisions and supplements of the mine map.

Docket No.: M-96-025-C.

FR Notice: 61 FR 20543.

Petitioner: West End Coal Company, Deep Mine.

Reg Affected: 30 CFR 75.1200(d) & (i).

Summary of Findings: Petitioner's proposal to use cross-sections

instead of contour lines through the intake slope,

[[Page 63395]]

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 veins being mined except when veins are

interconnected to other veins beyond the 100-foot limit through rock

tunnel considered acceptable alternative method. Granted for the Last

Chance Slope Mine with conditions for the use of cross sections, in

lieu of contour lines, limiting the mapping of mines above or below

this mine to those within 100 feet of the vein being mined.

Docket No.: M-96-027-C.

FR Notice: 61 FR 20543.

Petitioner: West End Coal Company, Deep Mine.

Reg Affected: 30 CFR 75.360.

Summary of Findings: Petitioner's proposal to visually examine each

seal for physical damage from the slope gunboat during the preshift

examination after an air quantity reading is taken inby the intake

portal and to test for the quantity and quality of air at the intake

air split locations off the slope in the gangway portion of the working

section, and to physically examine the entire length of the slope once

a month considered acceptable alternative method. Granted for the Last

Chance Slope Mine with conditions for examinations of seals (conducted

from the gunboat) in the intake air haulage slope of this mine.

Docket No.: M-96-028-C.

FR Notice: 61 FR 20543.

Petitioner: West End Coal Company, Deep Mine.

Reg Affected: 30 CFR 75.335.

Summary of Findings: Petitioner's proposal to construct 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 criterion 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 for the Last Chance

Slope Mine with conditions for seals installed in this mine.

Docket No.: M-96-029-C.

FR Notice: 61 FR 20544.

Petitioner: West End Coal Company, Deep Mine.

Reg Affected: 30 CFR 75.1100.

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 for the Last Chance Slope Mine

with conditions for firefighting equipment in the working section.

Docket No.: M-96-031-C.

FR Notice: 61 FR 20544.

Petitioner: Eighty-Four Mining Company.

Reg Affected: 30 CFR 75.1100-2(e).

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

extinguishers or one portable fire extinguisher with twice the required

capacity at each temporary electrical installation instead of using one

fire extinguisher and rock dust at temporary electrical installations

considered acceptable alternative method. Granted for Mine 84 with

conditions 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) at each of the temporary electrical installations.

Docket No.: M-96-036-C.

FR Notice: 61 FR 33140.

Petitioner: Kade Coal Company, Inc.

Reg Affected: 30 CFR 77.214(a).

Summary of Findings: Petitioner's proposal to cover several entries

at each abandoned mine opening with coarse refuse material during

construction of a refuse fill considered acceptable alternative method.

Granted for Mine No. 2 with conditions.

Docket No.: M-96-044-C.

FR Notice: 61 FR 33141.

Petitioner: Consolidation Coal Company.

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

Summary of Findings: Petitioner's proposal to establish two check

points, one inby and one outby the affected area; to maintain these

check points in a safe condition at all times; to have a certified

person test for methane and the quantity of air on a weekly basis at

both check points; and to have the person making such examinations

record the results with their initials and date in a record book kept

on the surface and made accessible to interested parties considered

acceptable alternative method. Granted for the Loveridge No. 22 Mine

with conditions for the ``unsafe to travel'' 60-foot segment of the

intake aircourse which has ventilated the battery charging station (old

inside shop) near Sugar Run Shaft.

Docket No.: M-96-045-C.

FR Notice: 61 FR 33141.

Petitioner: Elk Run Coal Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking devices to secure battery plugs on

mobile equipment instead of padlocks to maintain equipment in

permissible condition in accordance with 30 CFR 18.41 considered

acceptable alternative method. Granted for the Castle Mine; Bishop No.

2 Mine; Black King No. 1/North Portal Mine; White Knight Mine; Laurel

Eagle Mine; Laurel Alma Mine; and Black King No. 1 Mine with conditions

for the use of permanently installed spring-loaded locking devices in

lieu of padlocks on battery plugs.

Docket No.: M-96-047-C.

FR Notice: 61 FR 38785.

Petitioner: Pilgrim Mining Company, Inc.

Reg Affected: 30 CFR 75.901.

Summary of Findings: Petitioner's proposal to allow the use of a

150 KW diesel generator set, Serial Number 94-E5913 considered

acceptable alternative method. At the request of the petitioner,

previous MSHA docket numbers M-96-048-C through M-96-051-C were

withdrawn and M-96-047-C was modified to include the mines covered by

these petitions. Granted for the Pegasus Mine, 1-C Mine, White Cabin

No. 1 Mine, White Cabin No. 2 Mine, Pilgrim Mine No. 3, and Voyager

Mine No. 2 with conditions for the 480-volt, three-phase, 150 KW diesel

powered generator set.

Docket No.: M-96-052-C.

FR Notice: 61 FR 38786.

Petitioner: Martin County Coal Corporation.

Reg Affected: 30 CFR 75.701.

Summary of Findings: Petitioner's proposal to allow the use of a

100 KW diesel generator set, Serial Number 94-E5260 considered

acceptable alternative method. At the request of the petitioner,

previous MSHA docket numbers M-96-053-C through M-96-056-C were

withdrawn and M-96-052-C was modified to include the mines covered by

these petitions. Granted for the Pegasus Mine, 1-C Mine, White Cabin

No. 1 Mine, White Cabin No. 2 Mine, Pilgrim Mine No. 3, and Voyager

conditions for the 480-volt, three-phase, 150-KW diesel powered

generator set.

Docket No.: M-96-058-C.

FR Notice: 61 FR 38786.

Petitioner: Windsor Coal Company.

Reg Affected: 30 CFR 75.1700.

Summary of Findings: Petitioner's proposal to clean out and plug

oil and gas wells using specific techniques and procedures as outlined

in the petition and to mine through the plugged oil or gas well

considered acceptable alternative method. Granted for the Windsor Mine

with conditions for mining through plugged oil or gas wells

[[Page 63396]]

penetrating the Pittsburgh No. 8 Coal Seam.

Docket No.: M-96-063-C.

FR Notice: 61 FR 38787.

Petitioner: Enlow Fork Mining Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to increase the maximum

length of the loading machine, shuttle car, roof bolter, and section

ventilation fan trailing cables to 900 feet while developing four-entry

longwall panels; to provide training before alternative method is

implemented to all miners designated to examine the integrity of seals

and verify the short-circuit settings and proper procedures for

examining trailing cables for damage considered acceptable alternative

method. Granted for the Enlow Fork Mine with conditions.

Docket No.: M-96-065-C.

FR Notice: 61 FR 38787.

Petitioner: West Cameron Mining.

Reg Affected: 30 CFR 75.1200(d) & (i).

Summary of Findings: Petitioner's proposal to use cross-sections

instead of contour 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 veins being mined except when veins are interconnected

to other veins beyond the 100-foot limit through rock tunnel considered

acceptable alternative method. Granted for the Lenig Tunnel Mine with

conditions for the use of cross sections, in lieu of contour lines,

limiting the mapping of mines above or below this mine to those within

100 feet of the vein being mined.

Docket No.: M-96-066-C.

FR Notice: 61 FR 38787.

Petitioner: West Cameron Mining.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps on an annual basis instead of the required 6 month interval

and to update maps daily by hand notations considered acceptable

alternative method. Granted for the Lenig Tunnel Mine with conditions

for annual revisions and supplements of the mine map.

Docket No.: M-96-067-C.

FR Notice: 61 FR 38787.

Petitioner: West Cameron Mining.

Reg Affected: 30 CFR 75.1405.

Summary of Findings: Petitioner's proposal to use bar and pin or

link and pin couplers on its underground haulage equipment considered

acceptable alternative method. Granted for the Lenig Tunnel Mine with

conditions.

Docket No.: M-96-069-C.

FR Notice: 61 FR 38788.

Petitioner: Cyprus Emerald Resources Corporation.

Reg Affected: 30 CFR 75.507.

Summary of Findings: Petitioner's proposal to use a non-permissible

pump in the longwall bleeder pump located near the No. 3 Bleeder shaft,

No. 6 Return shaft, and all future and/or bleeder shafts as they are

developed considered acceptable alternative method. Granted for the

Emerald No. 1 Mine with conditions for a submersible pump installed in

the No. 3 bleeder shaft.

Docket No.: M-96-070-C.

FR Notice: 61 FR 38788.

Petitioner: Consolidation Coal Company.

Reg Affected: 30 CFR 75.804(a).

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

cable with an internal ground check conductor smaller than No. 10

(A.W.G.) as a part of its longwall mining system considered acceptable

alternative method. Granted for the Loveridge No. 22 Mine's longwall

system with conditions.

Docket No.: M-96-071-C.

FR Notice: 61 FR 38788.

Petitioner: Genwal Resources, Inc.

Reg Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to use belt haulage

entries as intake air courses to ventilate active working places and to

install a low-level carbon monoxide detection system as an early

warning fire detection system in all belt entries used as intake air

courses considered acceptable alternative method. Granted for the

Crandall Canyon Mine with conditions for use of belt air in two-entry

mining systems.

Docket No.: M-96-072-C.

FR Notice: 61 FR 47192.

Petitioner: Old Ben Coal Company.

Reg Affected: 30 CFR 75.382(a).

Summary of Findings: Petitioner's proposal to continue using its

existing escape facilities in both the material and belt slopes

considered acceptable alternative method. Granted for the Spartan Mine

with conditions for the slope conveyor belt, operated as a mechanical

escape facility in the mine's return air alternative escapeway.

Docket No.: M-96-073-C.

FR Notice: 61 FR 47192.

Petitioner: Left Fork Mining, Inc.

Reg Affected: 30 CFR 75.1103-4(a).

Summary of Findings: Petitioner's proposal to use one carbon

monoxide monitoring device for monitoring a belt head and tailpiece

when located adjacent to each other considered acceptable alternative

method. Granted for the Straight Creek No. 1 Mine with conditions for

the use of a carbon monoxide monitoring system that identifies the

location of sensors in lieu of identifying belt flights.

Docket No.: M-96-074-C.

FR Notice: 61 FR 47192.

Petitioner: Boone Resources, Inc.

Reg Affected: 30 CFR 75.1700.

Summary of Findings: Petitioner's proposal to clean out and plug

oil and gas wells using specific techniques and procedures as outlined

in the petition and to mine through the plugged oil or gas well

considered acceptable alternative method. Granted for the Boone No. 1

Mine with conditions for plugging of gas wells and the mining-through

of plugged gas wells.

Docket No.: M-96-088-C.

FR Notice: 61 FR 47193.

Petitioner: Stephen Shingara Jr. Coal Company.

Reg Affected: 30 CFR 75.1400.

Summary of Findings: Petitioner's proposal to use a slope

conveyance (gunboat) in transporting persons without installing safety

catches or other no less effective devices but instead use an increased

rope strength/safety factor and secondary safety rope connection in

place of such devices considered acceptable alternate method. Granted

for the No. 1 Slope Mine with conditions for the use of the gunboat

without safety catches.

Docket No.: M-96-089-C.

FR Notice: 61 FR 47194.

Petitioner: Mountain Coal Company.

Reg Affected: 30 CFR 75.1100-2(e)(2).

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

extinguishers or one portable fire extinguisher with twice the required

capacity at each temporary electrical installation instead of using one

fire extinguisher and rock dust at temporary electrical installations

considered acceptable alternative method. Granted for the West Elk Mine

with conditions 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) at each of the temporary electrical

installations.

Docket No.: M-96-102-C.

FR Notice: 61 FR 57458.

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

[[Page 63397]]

actuation temperatures between 200 degrees and 250 degrees fahrenheit

and with water pressure equal to or greater than 10 psi, so that the

discharge of water would extend over the belt drive, belt take-up,

electrical control, and gear reducing unit considered acceptable

alternative method. Granted for the Mill Creek E-3 Mine with conditions

for a single overhead pipe sprinkler system.

Docket No.: M-96-106-C.

FR Notice: 61 FR 57459.

Petitioner: S & M Coal Company.

Reg Affected: 30 CFR 75.1002-1(a).

Summary of Findings: Petitioner's proposal to use nonpermissible

electric equipment within 150 feet of the pillar line and to suspend

equipment operation anytime methane concentration at the equipment

reaches 0.5 percent, either during operation or during a pre-shift

examination considered acceptable alternative method. Granted for the

Buck Mountain Slope Mine with conditions for the use of non-permissible

electric drags and associated non-permissible electric components

located within 150 feet from pillar workings.

Docket No.: M-96-108-C.

FR Notice: 61 FR 57459.

Petitioner: Maple Creek Mining, Inc.

Reg Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use longwall panels

with a maximum width not to exceed 1,000 feet and a maximum length not

to exceed 14,000 feet considered acceptable alternative method. Granted

for the Maple Creek Mine with conditions for the high-voltage equipment

located in the Maple Creek Mine.

Docket No.: M-96-140-C.

FR Notice: 61 FR 64374.

Petitioner: Drummond Company, Inc.

Reg Affected: 30 CFR 75.1100-2(e).

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

extinguishers at each temporary electrical installation instead of

using one fire extinguisher and 240 pounds of rock dust at each

electrical installation considered acceptable alternative method.

Granted for the Shoal Creek Mine with conditions for the temporary

electrical installations.

Docket No.: M-96-143-C.

FR Notice: 62 FR 421.

Petitioner: Minton Hickory Coal Company.

Reg Affected: 30 CFR 75.380(f)(4)(i).

Summary of Findings: Petitioner's proposal to install two five

pound or one ten pound portable fire extinguisher in the operator deck

of each Mescher Tractor operated at the mine; to have the fire

extinguisher readily accessible to the operator; and to have the

equipment operator inspect each fire extinguisher daily prior to

entering the escapeway considered acceptable alternative method.

Granted for the Mine No. 9 with conditions for Mescher three wheel

tractors to be operated in the primary intake escapeway.

Docket No.: M-96-144-C.

FR Notice: 62 FR 421.

Petitioner: Minton Hickory Coal Company.

Reg Affected: 30 CFR 75.342.

Summary of Findings: Petitioner's proposal to use hand-held

continuous-duty methane and oxygen detectors instead of machine mounted

methane monitoring systems on permissible three-wheel tractors with

drag bottom buckets considered acceptable alternative method. Granted

for Mine No. 9 with conditions for the Mescher permissible three-wheel

battery-powered tractors used to load coal.

Docket No.: M-96-145-C.

FR Notice: 62 FR 421.

Petitioner: F-M Coal Company.

Reg Affected: 30 CFR 75.342.

Summary of Findings: Petitioner's proposal to use hand-held

continuous-duty methane and oxygen detectors instead of machine mounted

methane monitoring systems on permissible three-wheel tractors with

drag bottom buckets considered acceptable alternative method. Granted

for Mine No. 2 with conditions for the Mescher permissible three-wheel

battery-powered tractors used to load coal.

Docket No.: M-96-147-C.

FR Notice: 62 FR 421.

Petitioner: Old Ben Coal Company.

Reg Affected: 30 CFR 75.900.

Summary of Findings: Petitioner's proposal to use contractors

capable of dropping out at 40-60 percent the voltage loss on belt

starting equipment in the Mine's New Main East and New Main South

Development areas instead of using undervoltage release breakers for

undervoltage protection considered acceptable alternative method.

Granted for the Ziegler No. 11 Mine with conditions.

Docket No.: M-96-148-C.

FR Notice: 62 FR 421.

Petitioner: Jim Walter Resources, Inc.

Reg Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to provide the high-

voltage circuit from the longwall power center to the longwall

controller with short circuit protection set at not more than 2,500

amperes or the value of current indicated in the Longwall Approval Plan

and to permit a time delay of not more than 0.25 second for

coordination with downstream short-circuit protection devices or the

time delay specified in the Longwall Approval Plan considered

acceptable alternative method. Granted for the No. 7 Mine with

conditions.

Docket No.: M-96-149-C.

FR Notice: 62 FR 421.

Petitioner: Eighty-Four Mining Company.

Reg Affected: 30 CFR 75.507.

Summary of Findings: Petitioner's proposal to use non-permissible

submersible pumps to dewater a pump in which it is installed; to

operate the pumps on a 480-volt three-phase alternating-current

electrical power circuit with power supplied from a resistor grounded

wye transformer; and to protect the pumps with a line power ground

fault, pilot combination unit considered acceptable alternative method.

Granted for the Mine No. 84 with conditions for a submersible pump

installed in return shafts or boreholes in Mine 84.

Docket No.: M-96-152-C.

FR Notice: 62 FR 422.

Petitioner: Road Fork Development Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking device to secure battery plugs on

mobile equipment to prevent unintentional loosening of the battery

plugs from battery receptacles and to eliminate the hazards associated

with difficult removal of padlocks during emergency situations

considered acceptable alternative method. Granted for the Extra Energy

Company Mine, the Burnwell Energy Mine, the Pegs Branch Mine, and the

Calloway Mine with conditions for the use of permanently installed

spring-loaded locking devices in lieu of padlocks on battery plugs.

Docket No.: M-96-165-C.

FR Notice: 62 FR 423.

Petitioner: Bar-K, Inc.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use a threaded ring

and a spring loaded device on battery plug connectors on mobile

battery-powered machines used inby the last open cross-cut to prevent

the plug connector from accidently disengaging while under load instead

of using a padlock considered acceptable alternative method. Granted

for the Camp Creek No. 1 Mine and the Sugar Tree No. 1 Mine with

conditions for the use of permanently installed spring-locked locking

devices in lieu of padlocks on battery plugs.

Docket No.: M-96-196-C.

FR Notice: 62 FR 4334.

Petitioner: Freedom Energy Mining Company.

[[Page 63398]]

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking device to secure battery plugs on

mobile equipment to prevent unintentional loosening of the battery

plugs from battery receptacles and to eliminate the hazards associated

with difficult removal of padlocks during emergency situations

considered acceptable alternative method. Granted for the No. 1 Mine

with conditions for the use of permanently installed spring-locked

locking devices in lieu of padlocks on battery plugs.

Docket No.: M-96-197-C.

FR Notice: 62 FR 4335.

Petitioner: Rockhouse Energy Mining Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking device to secure battery plugs on

mobile equipment to prevent unintentional loosening of the battery

plugs from battery receptacles and to eliminate the hazards associated

with difficult removal of padlocks during emergency situations

considered acceptable alternative method. Granted for the Rockhouse

Mine No. 1 with conditions for the use of permanently installed spring-

locked locking devices in lieu of padlocks on battery plugs.

Docket No.: M-96-198-C.

FR Notice: 62 FR 4335.

Petitioner: Solid Energy Mining Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking device to secure battery plugs on

mobile equipment to prevent unintentional loosening of the battery

plugs from battery receptacles and to eliminate the hazards associated

with difficult removal of padlocks during emergency situations

considered acceptable alternative method. Granted for Mine No. 1 with

conditions for the use of permanently installed spring-locked locking

devices in lieu of padlocks on battery plugs.

Docket No.: M-96-199-C.

FR Notice: 62 FR 4335.

Petitioner: Clean Energy Mining Company.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking device to secure battery plugs on

mobile equipment to prevent unintentional loosening of the battery

plugs from battery receptacles and to eliminate the hazards associated

with difficult removal of padlocks during emergency situations

considered acceptable alternative method. Granted for Mine No. 1 with

conditions for the use of permanently installed spring-locked locking

devices in lieu of padlocks on battery plugs.

Docket No.: M-96-202-C.

FR Notice: 62 FR 4335.

Petitioner: Blue Mountain Energy, Inc.

Reg Affected: 30 CFR 75.1002.

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

2,400-volt cables to power longwall mining equipment in the active

pillar workings, to implement additional safety features, and to train

all electrical personnel before the alternative method is implemented

considered acceptable alternative method. Granted for Deserado Mine

with conditions.

Docket No.: M-96-208-C.

FR Notice: 62 FR 11925.

Petitioner: Brookside Coal Company.

Reg Affected: 30 CFR 75.1002-1(a).

Summary of Findings: Petitioner's proposal to use nonpermissible

electric equipment within 150 feet of the pillar line and to suspend

equipment operation anytime methane concentration at the equipment

reaches 0.5 percent, either during operation or during a pre-shift

examination considered acceptable alternative method. Granted for the

Diamond Vein Slope Mine with conditions for the use of nonpermissible

battery-powered locomotives located within 150 feet from pillar

workings.

Docket No.: M-95-008-C.

FR Notice: 60 FR 11680.

Petitioner: Rothermel Coal Company.

Reg Affected: 30 CFR 75.360(b)(5).

Summary of Findings: Petitioner's proposal to examine each seal for

physical damage from the slope gunboat during the preshift examination

after an air quantity reading is taken in by the intake portal; to test

for the quantity and quality of air at the intake air split locations

off the slope in the gangway portion of the working section; and to

physically examine the entire length of the slope once a month

considered acceptable alternative method. Granted for the No. 11 Vein

Slope Mine with conditions for examinations of seals in the intake air

haulage slope of this mine.

Docket No.: M-95-009-C.

FR Notice: 60 FR 11680.

Petitioner: Rothermel 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 for the No. 11 Vein Slope Mine

with conditions for firefighting equipment in the working section.

Docket No.: M-95-010-C.

FR Notice: 60 FR 11680.

Petitioner: Rothermel Coal Company.

Reg Affected: 30 CFR 75.1200(d) & (i).

Summary of Findings: Petitioner's proposal 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

veins being mined except when veins are interconnected to other veins

beyond the 100-foot limit through rock tunnels considered acceptable

alternative method. Granted for the No. 11 Vein Slope Mine with

conditions for use of cross sections, in lieu of contour lines,

limiting the mapping of mines above or below this mine to those within

100 feet of the vein being mined.

Docket No.: M-95-011-C.

FR Notice: 60 FR 11680.

Petitioner: Rothermel Coal Company.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps on an annual basis instead of the required 6 month interval

and to update maps daily by hand notations considered acceptable

alternative method. Granted for the No. 11 Vein Slope Mine with

conditions for annual revisions and supplements of the mine map.

Docket No.: M-95-116-C.

FR Notice: 60 FR 52217.

Petitioner: Amax Coal Company.

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

Summary of Findings: Petitioner's proposal to establish evaluation

points at crosscut #76 at the 3 South/4 East connection to monitor the

air entering the Old 3 South/4 East and 5 East from the 3 South /4 East

connection point and the Main South, and at crosscut #186 and #196 in

the Main South to monitor the air exiting the area; to have a certified

person test for methane and the quantity of air at each station on a

weekly basis and to record their initials, date, time, and results of

the examinations in a book kept on the surface and available to

inspection by interested persons considered acceptable alternative

method. Granted for the Wabash Mine with conditions for continuous

monitoring using intrinsically safe sensors installed through

appropriate electrical barriers of an Atmospheric Monitoring System

(AMS) and weekly evaluation of portions of the air entering and leaving

the dual sets of return entries of 5 East and 3 South/4 East return

aircourse.

Docket No.: M-95-156-C.

[[Page 63399]]

FR Notice: 60 FR 57025 and 60 FR 64079.

Petitioner: Amax Coal Company and Clipmate Corporation.

Reg Affected: 30 CFR 77.1303(y)(1).

Summary of Findings: Petitioner's proposal to use a protected

Rozdet open circuit detonator system at its Chinook Mine instead of

shunted electrical detonators; to package and store the detonator at

the mine in accordance with the U.S. Department of Transportation

Report, Reference Number EX-9309092; and to provide instructions in

each Rozdet package on the proper use of the Rozdet considered

acceptable alternative method. Granted for the Chinook Mine with

conditions for the use of protected open circuit detonators.

Docket No.: M-95-166-C.

FR Notice: 60 FR 64080.

Petitioner: Cyprus Plateau Mining Corporation.

Reg Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to use belt entry in its

longwall development entries as a return entry during longwall

development and to use the belt entry as an intake entry during

longwall retreat mining and in some mains during and after development;

and to install carbon monoxide detectors as an early warning fire

detection system in the longwall panel intake escapeway entry and the

panel belt entry used as a return air course considered acceptable

alternative method. Granted for the Willow Creek Mine with conditions

for use of belt air in two-entry mining systems.

Docket No.: M-95-168-C.

FR Notice: 60 FR 64081.

Petitioner: Cyprus Plateau Mining Corporation.

Reg Affected: 30 CFR 75.352.

Summary of Findings: Petitioner's proposal to use the belt entry in

its longwall development entries as a return entry during longwall

development; and to install carbon monoxide detectors as an early

warning fire detection system in the longwall panel intake escapeway

entry and the panel belt entry used as a return air course considered

acceptable alternative method. Granted for the Willow Creek Mine with

conditions for use of a conveyor belt in a return air course during

development of a two-entry mining system.

Docket No.: M-95-169-C.

FR Notice: 61 FR 8304.

Petitioner: Mackie J. Coal Company, Inc.

Reg Affected: 30 CFR 75.1710-1.

Summary of Findings: Petitioner's proposal to use self-propelled

electric face equipment without cabs or canopies in mining heights of

48 inches or less considered acceptable alternative method. Granted for

the Mine No. 4 with conditions for the two Fletcher and Lee Norse roof

bolting machines, three Joy center drive shuttle cars, one Joy

continuous mining machine, and two S & S scoops, in mining heights less

than 48 inches.

Docket No.: M-95-173-C.

FR Notice: 61 FR 8305.

Petitioner: Genwal Resources, Inc.

Reg Affected: 30 CFR 75.352.

Summary of Findings: Petitioner's proposal to use belt air in a

two-entry mining system and to install a low-level carbon monoxide

detection system as an early warning fire detection system in the

intake escapeway entry and the belt entry considered acceptable

alternative method. Granted for the Crandall Canyon Mine with

conditions for use of the conveyor belt in a return aircourse during

development of a two-entry mining system.

Docket No.: M-95-175-C.

FR Notice: 61 FR 8305.

Petitioner: Philippi Development, Inc.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to increase the maximum

length of its trailing cables to 900 feet for supplying power to

shuttle cars, roof bolters and mobile roof supports considered

acceptable alternative method. Granted for the Sentinel Mine with

conditions for shuttle cars, roof bolters and mobile roof supports used

in the Sentinel mine.

Docket No.: M-95-177-C.

FR Notice: 61 FR 8305.

Petitioner: McElroy Coal Company.

Reg Affected: 30 CFR 75.804(a).

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

cable with an internal ground check conductor smaller than No. 10

(A.W.G.) as part of its 4,160-volt longwall mining system considered

acceptable alternative method. Granted for the McElroy Mine with

conditions for McElroy Coal Company's, McElroy Mine's longwall system.

Docket No.: M-95-181-C.

FR Notice: 61 FR 8306.

Petitioner: Philippi Development, Inc.

Reg Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to install carbon

monoxide detectors as an early warning fire detection system in all

belt entries used as intake air courses considered acceptable

alternative method. Granted for the Sentinel Mine with conditions to

allow air coursed through conveyor belt entries to be used to ventilate

working places.

Docket No.: M-94-043-C.

FR Notice: 59 FR 24728.

Petitioner: Little Rock Coal Company.

Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).

Summary of Findings: Petitioner's proposal to examine the intake

haulage slope and primary escapeway from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

less frequently considered acceptable alternative method. Granted for

the Lykens Valley #1 Vein Slope Mine with conditions for 30 CFR

75.364(b)(4), to conduct examinations of the seals located along the

return and bleeder air courses from the ladder on a weekly basis, not

monthly as proposed by petitioner.

Docket No.: M-94-048-C.

FR Notice: 59 FR 24728.

Petitioner: K & L Coal Company.

Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).

Summary of Findings: Petitioner's proposal to examine the intake

haulage slope and primary escapeway from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

less frequently considered acceptable alternative method. Granted for

the No. 1 Slope Mine with conditions for 30 CFR 75.364(b)(4), to

conduct examinations of the seals located along the return and bleeder

air courses from the ladder on a weekly basis, not monthly as proposed

by petitioner.

Docket No.: M-94-074-C.

FR Notice: 59 FR 35147.

Petitioner: Chestnut Coal Company.

Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).

Summary of Findings: Petitioner's proposal to examine the intake

haulage slope and primary escapeway from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

less frequently considered acceptable alternative method. Granted for

the No. 10 Slope Mine with conditions for 30 CFR 75.364(b)(4), to

conduct examinations of the seals located along the return and bleeder

air courses from the ladder on a weekly basis, not monthly as proposed

by petitioner.

Docket No.: M-94-091-C.

FR Notice: 59 FR 35149.

Petitioner: Shadle Coal Company.

Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).

[[Page 63400]]

Summary of Findings: Petitioner's proposal to examine the intake

haulage slope and primary escapeway from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

less frequently considered acceptable alternative method. Granted for

the Shadle Slope Mine with conditions for 30 CFR 75.364(b)(4), to

conduct examinations of the seals located along the return and bleeder

air courses from the ladder on a weekly basis, not monthly as proposed

by petitioner.

Docket No.: M-94-103-C.

FR Notice: 59 FR 40924.

Petitioner: H.L. & W. Coal Company.

Reg Affected: 75.364(b)(1), (4), and (5).

Summary of Findings: Petitioner's proposal to examine the intake

haulage slope and primary escapeway from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

less frequently considered acceptable alternative method. Granted for

the No. 2 Slope Mine with conditions for 30 CFR 75.364(b)(4), to

conduct examinations of the seals located along the return and bleeder

air courses from the ladder on a weekly basis, not monthly as proposed

by petitioner.

Docket No.: M-93-060-C.

FR Notice: 58 FR 29640.

Petitioner: Quarto Mining Company.

Reg Affected: 30 CFR 75.380(d)(4).

Summary of Findings: Petitioner's proposal to reroute portions of

the alternative and primary escapeways; to use the primary escapeway in

case of an emergency; and if the escapeway is impassible to deenergize

the longwall machinery and belt haulage while transporting injured

persons considered acceptable alternative method. Granted for the

Powhatan No. 4 Mine with conditions for the conveyor belt entry of each

retreating longwall section.

Docket No.: M-93-110-C.

FR Notice: 58 FR 39238.

Petitioner: Wenrich Coal Company.

Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).

Summary of Findings: Petitioner's proposal to examine the intake

haulage slope and primary escapeway from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

less frequently considered acceptable alternative method. Granted for

the Buck Mountain Slope Mine with conditions for 30 CFR 75.364(b)(4),

to conduct examinations of the seals located along the return and

bleeder air courses from the ladder on a weekly basis, not monthly as

proposed by petitioner.

Docket No.: M-93-130-C.

FR Notice: 58 FR 39240.

Petitioner: M & S Coal Company.

Reg Affected: 30 CFR 75.332(b)(1) and (b)(2).

Summary of Findings: Petitioner's proposal to use air passing

through inaccessible abandoned workings and additional areas by mixing

with the air in the intake haulage slope to ventilate the only active

working section, to ensure air quality by sampling intake air during

pre-shift and on-shift examinations, and to suspend mine production

when air quality fails to meet specified criteria considered acceptable

alternative method. Granted for the Buck Mountain Slope Mine with

conditions for the quality of air used to ventilate the Buck Mountain

Slope Mine.

[FR Doc. 97-31154 Filed 11-26-97; 8:45 am]

BILLING CODE 4510-43-P