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.

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

1977, the Secretary of Labor may allow the modification of the

application of a mandatory safety standard to a mine if the Secretary

determines either that an alternate method exists at a specific mine

that will guarantee no less protection for the miners affected than

that provided by the standard, or that the application of the standard

at a specific mine will result in a diminution of safety to the

affected miners.

Final decisions on these petitions are based upon the petitioner's

statements, comments and information submitted by interested persons,

and a field investigation of the conditions at the mine. MSHA 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.

The cite following ``FR Notice:'' refers to the issue of the Federal

Register where MSHA published the notice that the petitioner was

seeking a modification.

FOR FURTHER INFORMATION: Petitions and copies of the final decisions

are available for examination by the public in the Office of Standards,

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

Arlington, Virginia 22203. Contact Barbara Barron at 703-235-1910.

Dated: May 13, 1999.

Carol J. Jones,

Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-98-001-C.

FR Notice: 63 FR 11696.

Petitioner: Remington Coal Company, Inc. (formerly Day Mining,

Inc.).

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 2,400 volt cables

to power high-voltage longwall equipment considered acceptable

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

Mine.

Docket No.: M-98-003-C.

FR Notice: 63 FR 11696.

Petitioner: Pine Ridge Coal Company.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 2,400 volt cables

to power high-voltage equipment inby the last open crosscut at

continuous miner sections considered acceptable alternative method.

Granted with conditions for the Big Mountain No. 16 Mine.

Docket No.: M-98-004-C.

FR Notice: 63 FR 11696.

Petitioner: Pine Ridge Coal Company.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 2,400 volt cables

to power high-voltage equipment inby the last open crosscut at

continuous miner sections considered acceptable alternative method.

Granted with conditions for the Robin Hood No. 9 Mine.

Docket No.: M-98-009-C.

FR Notice: 63 FR 11696.

Petitioner: FKZ Coal, Inc.

Regulation Affected: 30 CFR 75.335.

Summary of Findings: Petitioner's proposal to permit alternative

methods of 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 for the No. 1 Slope Mine with conditions.

Docket No.: M-98-012-C.

FR Notice: 63 FR 11697.

Petitioner: FKZ Coal, Inc.

Regulation 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 to use increased

rope strength/safety factor and secondary safety rope connection in

place of such devices considered acceptable alternative method. Granted

for the No. 1 Vein Slope Mine with conditions.

Docket No.: M-98-016-C.

FR Notice: 63 FR 11697.

Petitioner: G & P Contractors, Inc.

Regulation Affected: 30 CFR 75.380.

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

pound or one ten pound portable chemical fire extinguisher in the

operator's deck of each Mescher tractor operated at the mine and to

have this fire extinguisher readily accessible to the operator; to

inspect each fire extinguisher daily prior to entering the escapeway;

to keep at the mine a daily record of the inspection; to have a

sufficient number of spare fire extinguishers maintained at the mine in

case a fire extinguisher becomes defective; and to provide training to

each employee operating the Mescher tractor on the proper procedures

for conducting daily inspections of the fire extinguisher considered

acceptable alternative method. Granted for the Goodin Creek Mine with

conditions.

Docket No.: M-98-017-C.

FR Notice: 63 FR 11697.

Petitioner: Lodestar Energy, Inc.

Regulation Affected: 30 CFR 75.380.

Summary of Findings: Petitioner's proposal to use a minimum of 4-

feet of clearance on a secondary escapeway at its Wheatcroft mine

considered acceptable alternative method. Granted for the Wheatcroft

Mine with conditions for locations of reduced width in approximately

twenty feet of the secondary escapeway near and between the slope coal

haulage conveyor tail roller guarding to the No. 2 belt drive head

support beam.

Docket No.: M-98-018-C.

FR Notice: 63 FR 11697.

Petitioner: G & P Contractors, Inc.

Regulation 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 monitors on permissible three-wheel tractors with drag bottom

buckets considered acceptable alternative method. Granted for the

Goodin Creek Mine with conditions.

Docket No.: M-98-019-C.

FR Notice: 63 FR 18232.

Petitioner: Energy West Mining Company.

[[Page 27302]]

Regulation Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to amend the Decision

and Order Granting Petition for Modification No. M-94-166-C is granted.

The Assistant Secretary had granted a modification of 30 CFR 75.350 to

enable the company to conduct longwall mining with two rather than

three entries in longwall panels under deep cover. The Assistant

Secretary had concluded that mining under deep cover with more than two

entries would result in a diminution of safety. The current

modification amends the conditions under which the original

modification was granted to accommodate the high-pressure emulsion

station within the two-entry longwall retreat sections at Energy West's

Trail Mountain Mine.

Docket No.: M-98-020-C.

FR Notice: 63 FR 18232.

Petitioner: Energy West Mining Company.

Regulation Affected: 30 CFR 75.352.

Summary of Findings: Petitioner's proposal to amend the Decision

and Order Granting Petition for Modification No. M-94-167-C is granted.

The Assistant Secretary had granted a modification of 30 C.F.R.

Sec. 73.352 to enable the company to conduct longwall mining with two

rather than three entries in longwall panels under deep cover. The

Assistant Secretary had concluded that mining under deep cover with

more than two entries would result in a diminution safety. The current

modification amends the conditions under which the original

modification was granted to accommodate the high-pressure emulsion

station within the two-entry longwall retreat sections at Energy West's

Trail Mountain Mine.

Docket No.: M-98-023-C.

FR Notice: 63 FR 18232.

Petitioner: Fray Mining, Inc.

Regulation Affected: 30 CFR 77.214.

Summary of Findings: Petitioner's proposal to allow construction of

a refuse bench fill in an area containing abandoned mine openings

considered acceptable alternative method. Granted for the Mine No. 2

with conditions.

Docket No.: M-98-025-C.

FR Notice: 63 FR 18233.

Petitioner: Marrowbone Development Company.

Regulation Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to use an automatic fire

detection system based on carbon monoxide monitoring of the underground

conveyor entries to allow air coursed through conveyor belt entries to

be used to ventilate active working places and to install a carbon

monoxide detection system as an early warning fire detection system in

all belt entries used to course intake air to a working place

considered acceptable alternative method. Granted for the North

Marrowbone Creek Mine with conditions.

Docket No.: M-98-026-C.

FR Notice: 63 FR 18233.

Petitioner: Marrowbone Development Company.

Regulation Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use permanently

installed spring-loaded locking devices instead of padlocks on battery

plugs and to install and maintain spring-loaded locking devices on

battery plugs to prevent the threaded rings that secure the battery

plugs to the battery receptacles from loosening unintentionally

considered acceptable alternative method. Granted for the North

Marrowbone Creek Mine with conditions.

Docket No.: M-98-027-C.

FR Notice: 63 FR 18233.

Petitioner: Eagle Energy, Inc.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 4,160 volt cables

to power longwall equipment considered acceptable alternative method.

Granted for the Mine No. 1 with conditions.

Docket No.: M-98-029-C.

FR Notice: 63 FR 29034.

Petitioner: Joliett Coal Company.

Regulation 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 to use increased

rope strength/safety factor and secondary safety rope connection in

place of such devices considered acceptable alternative method. Granted

for the No. 3 Vein Slope Mine with conditions.

Docket No.: M-98-033-C.

FR Notice: 63 FR 29034.

Petitioner: Sea ``B'' Mining Company.

Regulation Affected: 30 CFR 75.1710.

Summary of Findings: Petitioner's proposal to operate self-

propelled electric face equipment without canopies because of the

mining heights less than 46 inches at the Silver Creek Mine considered

acceptable alternative method. Granted with conditions for the three

center-driven Joy 21SC shuttle cars, Serial Nos. ET11685, ET13646

standard drive reel, and ET16734 off-standard reel; for the S&S Scoop

CX2, Serial No. CX2 323; for the Long Airdox Scoop 482, Serial No. 482-

2240; and, for the Fletcher Roof Bolting Machine, Model RD RR11 w/T-Bar

ATRS, Serial No. 97095, in heights (floor to roof) less than 46 inches.

Docket No.: M-98-062-C.

FR Notice: 63 FR 44292.

Petitioner: Independence Coal Company, Inc.

Regulation Affected: 30 CFR 75.1002.

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

longwall mining equipment and the nominal voltage of power circuits for

this equipment would not exceed 2,400 volts considered acceptable

alternative method. Granted with conditions for the 2,400-volt

continuous miner system(s) used at the Justice No. 1 Mine.

Docket No.: M-98-063-C.

FR Notice: 63 FR 44292.

Petitioner: Independence Coal Company, Inc.

Regulation Affected: 30 CFR 75.1002.

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

longwall mining equipment and the nominal voltage of power circuits for

this equipment would not exceed 2,400 volts considered acceptable

alternative method. Granted with conditions for the 2,400-volt

continuous miner system(s) used at the Jack's Branch Buffalo Creek

Mine.

Docket No.: M-98-086-C.

FR Notice: 63 FR 58431.

Petitioner: Kedco, Inc.

Regulation Affected: 30 CFR 75.1002.

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

2,400 volt cables to power continuous mining machines in and inby the

last open crosscut considered acceptable alternative method. Granted

with conditions for the 2,400-volt continuous miner system used at the

No. 2 Mine.

Docket No.: M-97-004-C.

FR Notice: 62 FR 11926.

Petitioner: Eastern Mingo Coal Company.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use (2,300 volt) a.c.

electricity to power continuous mining equipment considered acceptable

alternative method. Granted with conditions for the 2,400-volt

continuous miner used at the Big Branch Mine.

Docket No.: M-97-020-C.

FR Notice: 62 FR 23797.

Petitioner: Becky Coal Company, Inc.

Regulation Affected: 30 CFR 75.380.

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

five or

[[Page 27303]]

one number ten portable chemical fire extinguisher in the operator's

deck of each Mescher tractor operated at its mine; to have the fire

extinguisher readily accessible to the operator; and to have each fire

extinguisher inspected daily by the equipment operator prior to

entering the escapeway and if any defects are found replace the

extinguisher before entering considered acceptable alternative method.

Granted for the Mine No. 5 with conditions for Mescher three wheel

tractors to be operated in the primary intake escapeway.

Docket No.: M-97-027-C.

FR Notice: 62 FR 23798.

Petitioner: Arclar Company.

Regulation Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to use intake air from

belt haulage entries to ventilate the active working places and to

install and maintain a carbon monoxide monitoring system along the

beltline considered acceptable alternative method. Granted with

conditions to allow air coursed through conveyor belt entries to be

used to ventilate working places.

Docket No.: M-97-029-C.

FR Notice: 62 FR 23798.

Petitioner: Arch of Illinois.

Regulation Affected: 30 CFR 75.323.

Summary of Findings: Petitioner's proposal to have the section's

transformer located in the intake air/power entry and maintained at

least 300 feet away from any type of mining (development or secondary

mining/winging) and that the intake would feed the air to the active

working face, the gob area, and around the bleeder system considered

acceptable alternative method. Granted for the Conant Mine with

conditions for application only during the second mining process known

as ``winging'' using the Archveyor system.

Docket No.: M-97-034-C.

FR Notice: 62 FR 23799.

Petitioner: Tanoma Mining Company.

Regulation Affected: 30 CFR 75.326 (now 75.350).

Summary of Findings: Petitioner's proposal to amend paragraph 1(b)

by adding ``when pillaring, inby sensor is to be located at least 150

feet but no more than 160 feet from the inby end of the RFM''

considered acceptable alternative method. Granted with conditions.

Docket No.: M-97-035-C.

FR Notice: 62 FR 23799.

Petitioner: Birdeye Coal Company, Inc.

Regulation Affected: 30 CFR 75.380.

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

five or one number ten portable chemical fire extinguisher in the

operator's deck considered acceptable alternative method. Granted for

No. 4 Mine for Mescher three wheel tractors to be operated in the

primary intake escapeway.

Docket No.: M-97-050-C.

FR Notice: 62 FR 29372.

Petitioner: Canyon Fuel Company, LLC.

Regulation Affected: 30 CFR 75.1002.

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

4,160 volt cables to supply power to longwall equipment used inby the

last open crosscut considered acceptable alternative method. Granted

for the SUFCO for the 4,160-volt longwall equipment.

Docket No.: M-97-060-C.

FR Notice: 62 FR 34311.

Petitioner: B. and B. Anthracite Coal.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to conduct examinations

of areas 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 once a month considered

acceptable alternative method. Granted for the Rock Ridge 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-97-062-C.

FR Notice: 62 FR 34311.

Petitioner: B. and B. Anthracite Coal.

Regulation Affected: 30 CFR 75.1202-1.

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

mine maps annually instead of every 6 months, as required, and to

update maps daily by hand notations considered acceptable alternative

method. Granted for the Rock Ridge No. 1 Slope Mine with conditions for

annual revisions and supplements of the mine map.

Docket No.: M-97-064-C.

FR Notice: 62 FR 34311.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to establish evaluation

points P and Q that would be maintained in safe condition; and to have

a certified person test for methane and the quantity of air at both

check points on a weekly basis and place their initials, date, and time

in a record book kept on the surface and made available for inspection

by interested persons considered acceptable alternative method. Granted

for the Shoemaker Mine with conditions for the unsafe-to-travel 1780-

foot segment of the 4 South and East Returns return aircourse near

Whittaker Air Shaft and Portal area.

Docket No.: M-97-067-C.

FR Notice: 62 FR 34312.

Petitioner: Old Ben Coal Company.

Regulation Affected: 30 CFR 75.503.

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

padlock a Spring-Loaded Plug Interlock attached to the receptacle and

permanently attached to the battery-case so that when the battery-plugs

are secured and the spring loaded interlock is released, the threaded

ring securing the battery plugs cannot become loose considered

acceptable alternative method. Granted for the Ziegler No. 11 Mine with

conditions.

Docket No.: M-97-073-C.

FR Notice: 62 FR 38123.

Petitioner: Apogee Coal Company (dBA Arch of Illinois).

Regulation Affected: 30 CFR 75.1002.

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

high-voltage trailing cables (2400 Vac) inby the last open crosscut and

within 150 feet of pillar workings at the continuous miner sections

considered acceptable alternative method. Granted for the Conant Mine

with conditions.

Docket No.: M-97-077-C.

FR Notice: 62 FR 38123.

Petitioner: Apogee Coal Company (dBA Arch of Illinois).

Regulation Affected: 30 CFR 75.701.

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

diesel-powered generator to supply power to mobile mining equipment

when the equipment is being moved from one area to another without

grounding the neutral to a low resistance ground field considered

acceptable alternative method. Granted for the 480-volt, three-phase,

200KW/250 KVA DPG set supplying power to a 250 KVA three-phase

transformer and three-phase power circuits.

Docket No.: M-97-078-C.

FR Notice: 62 FR 38123.

Petitioner: Eastern Associated Coal Corporation.

Regulation Affected: 30 CFR 75.507.

Summary of Findings: Petitioner's proposal to use a 2300-volt

three-phase alternating current electric power circuit

[[Page 27304]]

for the pump, and the power circuit would be designed and installed to

contain (1) either a direct or derived neutral which would be grounded

through a suitable resistor at the source transformer or power center;

(2) a grounding circuit originating at the grounded side of the

grounding resistor that would extend along with the power conductors

and serve as the grounding conductor for the frame of the pump and all

the associated electric equipment where power is supplied from the

circuit; (3) a grounding resistor that would limit the ground fault

current to no more that 15 amperes; (4) a suitable circuit breaker to

provide protection against grounded phase, undervoltage, short circuit,

and overload; (5) a disconnecting device; and (6) a fail-safe ground

check circuit considered acceptable alternative method. Granted for the

Harris No. 1 Mine and Lightfoot No. 2 Mine with conditions.

Docket No.: M-97-079-C.

FR Notice: 62 FR 38124.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.1002.

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

cables not extending 4,160 volts inby the last open crosscut and has

listed in the petition specific terms and conditions for their safe use

considered acceptable alternative method. Granted for the Blacksville

No. 2 Mine with conditions.

Docket No.: M-97-082-C.

FR Notice: 62 FR 44724.

Petitioner: Tanoma Mining Company.

Regulation Affected: 30 CFR 75.1700.

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

oil and gas wells considered acceptable alternative method. Granted for

the Tanoma Mine with conditions 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 Lower Kittanning Coal Seam.

Docket No.: M-97-084-C.

FR Notice: 62 FR 44724.

Petitioner: Turris Coal Company.

Regulation Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to use intake air coming

from belt haulage entries to ventilate workings and to install a carbon

monoxide monitoring system as an early warning system along belt

haulage entries considered acceptable alternative method. Granted for

the Turris Coal Company with conditions.

Docket No.: M-97-087-C.

FR Notice: 62 FR 46379.

Petitioner: Costain Coal, Inc.

Regulation Affected: 30 CFR 75.1103-4.

Summary of Findings: Petitioner's proposal to install one CO sensor

not more than 100 feet downwind of where both the tailpiece and belt

drive are located, and at intervals not to exceed 2,000 feet along each

conveyor belt entry considered acceptable alternative method. Granted

for the Smith Underground 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-97-089-C.

FR Notice: 62 FR 46379.

Petitioner: Garrett Mining, Inc.

Regulation Affected: 30 CFR 75.350.

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

entries as intake air courses for ventilation of active working places,

and to install a low-level CO monitoring system as an early warning

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

considered alternative method. Granted for the No. 2 Mine with

conditions.

Docket No.: M-97-090-C.

FR Notice: 62 FR 46379.

Petitioner: Costain Coal, Inc.

Regulation Affected: 30 CFR 75.503.

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

device with specific characteristics instead of a padlock to secure

plugs and electrical type connectors to batteries and to the

permissible mobile powered equipment the batteries serve considered

acceptable alternative method. Granted for the Smith Underground 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-97-091-C.

FR Notice: 62 FR 46379.

Petitioner: G & P Contractors, Inc.

Regulation Affected: 30 CFR 75.380.

Summary of Findings: Petitioner's proposal to install two 5-pound

or one 10-pound portable chemical fire extinguisher in the operator's

deck of each Mescher tractor readily accessible to the operator; to

have the fire extinguisher inspected daily by the equipment operator

prior to entering the escapeway; to have the operator make a record of

the daily inspections and keep them at the mine site; and to have a

sufficient number of spare fire extinguishers maintained at the mine in

case an extinguisher becomes defective considered acceptable

alternative method. Granted for the Stoney Fork Mine No. 2 with

conditions for Mescher three wheel tractors to be operated in the

primary intake escapeway.

Docket No.: M-97-094-C.

FR Notice: 62 FR 46380.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.804.

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 a part of its longwall mining system considered acceptable

alternative method. Granted for the Shoemaker Mine with conditions.

Docket No.: M-97-097-C.

FR Notice: 62 FR 51910.

Petitioner: CONSOL of Kentucky, Inc.

Regulation 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, 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; to have the 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

considered acceptable alternative method. Granted for the Big Springs

No. 6 Mine with conditions.

Docket No.: M-97-098-C.

FR Notice: 62 FR 51910.

Petitioner: Eastern Associated Coal Corporation.

Regulation Affected: 30 CFR 75.1002.

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

cables (2400-volt) inby the last open crosscut at the longwall working

sections considered acceptable alternative method. Granted for the

Harris No. 1 Mine with conditions.

Docket No.: M-97-099-C.

FR Notice: 62 FR 51910.

Petitioner: Lodestar Energy, Inc.

Regulation Affected: 30 CFR 75.503 (18.41(f)).

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

device with specific fastening characteristics instead of a padlock to

secure plugs and electrical type connectors to batteries and to the

permissible mobile powered equipment to prevent accidental separation

of the battery plugs from their receptacles during normal

[[Page 27305]]

operation of the battery equipment considered acceptable alternative

method. Granted for the Baker Mine with conditions.

Docket No.: M-97-100-C.

FR Notice: 62 FR 51910.

Petitioner: Eastern Associated Coal Corporation.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to request that

paragraph 28 of the PDO be amended to provide at least one escapeway on

the tailgate side of the longwall face considered acceptable

alternative method. Granted for the Federal No. 2 Mine with conditions.

Docket No.: M-97-102-C.

FR Notice: 62 FR 51908.

Petitioner: Mark P. Shingara Coal.

Regulation Affected: 30 CFR 75.335.

Summary of Findings: Petitioner's proposal to permit alternative

methods of seal construction 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 for the No. 4 Vein Slope with conditions.

Docket No.: M-97-103-C.

FR Notice: 62 FR 51908.

Petitioner: Mark P. Shingara Coal.

Regulation 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 quality reading is taken in by 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 considered acceptable alternative method. Granted for the No. 4

Vein Slope Mine with conditions.

Docket No.: M-97-104-C.

FR Notice: 62 FR 51909.

Petitioner: Mark P. Shingara Coal.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to examine these areas

from the gunboat/slope car with an alternative air quality evaluation

at the section's intake level, and travel and thoroughly examine these

areas for hazardous conditions once a month considered acceptable

alternative method. Granted for the No. 4 Vein Slope Mine with

conditions.

Docket No.: M-97-108-C.

FR Notice: 62 FR 51909.

Petitioner: Mark P. Shingara Coal.

Regulation 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 increased

rope strength/safety factor and secondary safety rope connection in

place of such devices considered acceptable alternative method. Granted

for the No. 4 Vein Slope with conditions.

Docket No.: M-97-109-C.

FR Notice: 62 FR 51909.

Petitioner: Oxbow Carbon & Minerals, Inc.

Regulation Affected: 30 CFR 75.804.

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

Anaconda Type SHD+GC, Pirelli Type SHD-Center-GC, Tiger Brand Type SHD-

CGC, and other brands of identical construction flame-resistant cables

on the high-voltage longwall system(s) and that these cables would

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

continuity check circuit considered acceptable alternative method.

Granted for the Sanborn Creek Mine with conditions.

Docket No.: M-97-110-C.

FR Notice: 62 FR 51909.

Petitioner: Oxbow Carbon & Minerals, Inc.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 2,400 volt cables

to power longwall equipment considered acceptable alternative method.

Granted for the Sanborn Creek Mine with conditions.

Docket No.: M-97-114-C.

FR Notice: 62 FR 59893.

Petitioner: Roberts Bros. Coal Co., Inc.

Regulation Affected: 30 CFR 75.503(18.41(f)).

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

device with specific fastening characteristics instead of a padlock to

secure plugs and electrical type connectors to batteries and to the

permissible mobile powered equipment, to prevent accidental separation

of the battery plugs from their receptacles during normal operation of

the battery equipment and in the event of a battery fire, the spring-

loaded device can be disconnected much faster and safer than a padlock

considered acceptable alternative method. Granted for the Cardinal No.

2 Mine with conditions.

Docket No.: M-97-115-C.

FR Notice: 62 FR 59893.

Petitioner: BJM Coal Company.

Regulation Affected: 30 CFR 75.503(18.41(f)).

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

spring-loaded locking device instead of padlocks to secure battery

plugs to machine mounted receptacles which would prevent the threaded

lock ring on a plug from turning and coming loose unintentionally

considered acceptable alternative method. Granted for the Camp Creek

Deep Mine with conditions.

Docket No.: M-97-116-C.

FR Notice: 62 FR 59893.

Petitioner: BJM Coal Company.

Regulation Affected: 30 CFR 75.503(18.41(f)).

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

spring-loaded locking device instead of padlocks to secure battery

plugs to machine mounted receptacles which would prevent the threaded

lock ring on a plug from turning and coming loose unintentionally

considered acceptable alternative method. Granted for the Mine No. 9b

with conditions.

Docket No.: M-97-119-C.

FR Notice: 62 FR 63727.

Petitioner: The Pittsburg & Midway Coal Mining Co.

Regulation Affected: 30 CFR 75.503(18.41(f)).

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

spring-loaded device with specific fastening characteristics with its

fastening configuration to secure plugs and electrical-type connectors

to batteries and to the permissible mobile-powered equipment, which the

batteries serve, instead of using a padlock considered acceptable

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

Docket No.: M-97-121-C.

FR Notice: 62 FR 63727.

Petitioner: Consol of Kentucky, Inc.

Regulation Affected: 30 CFR 75.1101-8.

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

single line of automatic sprinklers for its fire protection system on

main and secondary belt conveyor and the use of 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 to 230

degrees Fahrenheit, and with water pressure equal to or greater than 10

psi; to locate the sprinklers not more than 10 feet apart so that the

discharge of water

[[Page 27306]]

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

gear reducing unit; to conduct a test using the specific procedures

outlined in this petition during the installation of each new system,

during any subsequent repair or replacement of any critical part, and

annually to ensure proper operation considered acceptable alternative

method. Granted for the Ridge No. 8 Mine with conditions.

Docket No.: M-97-125-C.

FR Notice: 62 FR 63728.

Petitioner: Island Creek Coal Company.

Regulation Affected: 30 CFR 75.503(18.41(f)).

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

metal locking device instead of padlocks to secure battery charging

plugs to machine-mounted battery receptacles on permissible, mobile,

battery-powered scoop cars considered acceptable alternative method.

Granted for the Ohio No. 11 Mine with conditions.

Docket No.: M-97-127-C.

FR Notice: 62 FR 63728.

Petitioner: Genwal Resources, Inc.

Regulation Affected: 30 CFR 75.1101-8.

Summary of Findings: Petitioner's proposal to use a water sprinkler

system with a single overhead pipe system and automatic sprinklers

located not more than 10 feet apart so that the water discharged from

the sprinklers will cover 50 feet of fire resistant belt, or 150 feet

of non-fire resistant belt adjacent to the belt drive; and to permit

automatic sprinklers(s) will cover the drive motor(s), belt take-up

electrical controls, and gear reducing unit for each belt drive and to

conduct a functional test to ensure proper operation during the

installation of each new system and during subsequent repair or

replacement of any critical part; and to submit to the District Manager

proposed revisions to their Part 48 training plan that would specify

initial and refresher training for compliance to this petition

considered acceptable alternative method. Granted for the Crandall

Canyon Mine with conditions.

Docket No.: M-97-141-C.

FR Notice: 63 FR 2700.

Petitioner: M & M Anthracite Coal Company.

Regulation 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 increased

rope strength/safety factor and secondary safety rope connection in

place of such devices considered acceptable alternative method. Granted

for the Little Tracey Slope Mine with conditions.

Docket No.: M-97-142-C.

FR Notice: 63 FR 2700.

Petitioner: Elk Run Coal Company.

Regulation Affected: 30 CFR 75.503(18.41(f)).

Summary of Findings: Petitioner's proposal to use permanently

installed, spring-loaded locking devices on mobile battery-powered

machines to prevent unintentional loosening of battery plugs from

battery receptacles in order to eliminate the hazards associated with

difficult removal of padlocks during emergency situations, instead of

using padlocks considered acceptable alternative method. Granted for

the Black Knight II Mine with conditions.

Docket No.: M-97-149-C.

FR Notice: 63 FR 5972.

Petitioner: Canfield Energy, Inc.

Regulation Affected: 30 CFR 75.342.

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

continuous-duty methane and oxygen indicators in lieu of machine-

mounted methane monitors on permissible three-wheel tractors with drag

bottom buckets considered acceptable alternative method. Granted for

the Canfield No. 4 Mine with conditions for the Mescher permissible

three-wheel battery-powered tractors used to load coal.

Docket No.: M-97-150-C.

FR Notice: 63 FR 5972.

Petitioner: Chestnut Coal Company.

Regulation Affected: 30 CFR 75.1200.

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. 10 Slope Mine with conditions.

Docket No.: M-97-151-C.

FR Notice: 63 FR 5972.

Petitioner: Peabody Coal Company.

Regulation Affected: 30 CFR 75.503.

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

metal locking device for securing the battery-connecting plugs to

machine-mounted battery receptacles on permissible, mobile, battery-

powered scoop cars and tractors instead of using padlocks considered

acceptable alternative method. Granted for the Camp No. 1 Mine with

conditions.

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

FR Notice: 61 FR 33141.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.364.

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

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

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

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

check points and the person making such examinations would 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

designated return aircourse which has ventilated the battery charging

station (old inside shop) near Sugar Run Shaft.

Docket No.: M-96-081-C.

FR Notice: 61 FR 47193.

Petitioner: Kiah Creek Mining Company.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to evaluate the area at

the toe of the fall to determine the quantity and quality of air

flowing across the fall and by the seals considered acceptable

alternative method. Granted for the No. 8 Mine with conditions to allow

monitoring of air flowing over the roof fall in front of the old

Southeast Main Nos. 2 & 3 mine seals and indirect evaluation in lieu of

physical examination and gas checks at those seals.

Docket No.: M-96-086-C.

FR Notice: 61 FR 47193.

Petitioner: Utah Fuel Company.

Regulation Affected: 30 CFR 75.344.

Summary of Findings: Petitioner's proposal to use audible and

visual alarms to be located at the surface office building where

assigned persons can respond to the alarms instead of at unmanned

locations underground considered acceptable alternative method. Granted

for the Skyline No. 3 Mine and Skyline No. 1 with conditions for the

preshift examination of remote electrical installations and compressors

serving mine de-watering pump installations conducted by pumpers who

are certified mine examiners.

Docket No.: M-96-087-C.

FR Notice: 61 FR 47193.

Petitioner: Utah Fuel Company.

[[Page 27307]]

Regulation Affected: 30 CFR 75.340.

Summary of Findings: Petitioner's proposal to use audible and

visual alarms to be located at the surface office building where

assigned persons can respond to the alarms instead of at unmanned

locations underground considered acceptable alternative method. Granted

for the Skyline No. 1 Mine and Skyline No. 3 with conditions for the

continuous monitoring of electrical installations providing power to

mine de-watering pump installations in remote locations by an MSHA

approved Atmospheric Monitoring System which activates visual and

audible alarms at the system's surface location.

Docket No.: M-96-095-C.

FR Notice: 61 FR 47194.

Petitioner: Arch of Illinois.

Regulation Affected: 30 CFR 75.362.

Summary of Findings: Petitioner's proposal to use an intrinsically

safe atmospheric monitoring system (AMS), a Trolex Explosive Gas Sensor

Model No. TX3266 or an equivalent AMS, to test for methane before the

equipment is energized, and to continuously detect and test for methane

at 20-minute intervals while the mining equipment is energized in the

working face. This would eliminate personnel exposure to the potential

hazards of the face area during the tests considered acceptable

alternative method. Granted for the Conant Mine with conditions for

application only during the second mining process known as ``winging''

using the Archveyor system.

Docket No.: M-96-096-C.

FR Notice: 61 FR 47194.

Petitioner: Arch of Illinois.

Regulation Affected: 30 CFR 75.331.

Summary of Findings: Petitioner's proposal to use a ``blowing''

auxiliary permissible fan and tubing with the Archveyor System to

ventilate the wing cut face area considered acceptable alternative

method. Granted for the Conant Mine with conditions.

Docket No.: M-96-119-C.

FR Notice: 61 FR 57460.

Petitioner: Utah Fuel Company.

Regulation Affected: 30 CFR 75.360.

Summary of Findings: Petitioner's proposal to continuously monitor

electrical installations for carbon monoxide or temperature rather than

conduct preshift examinations and to physically examine these

installations for other hazardous conditions at least weekly; and to

have the miners entering these areas certified and conduct an

examination for themselves or to have a certified person examine the

areas prior to other employees entering these areas considered

acceptable alternative method. Granted for the Skyline Mine No. 1 with

conditions.

Docket No.: M-96-137-C.

FR Notice: 61 FR 64373.

Petitioner: D.J.T. Coal Company.

Regulation Affected: 30 CFR 75.364.

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

from the gunboat/slope car with an alternative air quality evaluation

at the section's intake level, and travel and throughly examine these

areas for hazardous conditions once a month considered acceptable

alternative method. Granted for the D.J.T. 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-96-168-C.

FR Notice: 62 FR 4331.

Petitioner: Apogee Coal Company (dba Arch of Illinois).

Regulation Affected: 30 CFR 75.901.

Summary of Findings: Petitioner's proposal to allow a diesel

powered generator to be operated for supplying power to mobile mining

equipment when such equipment is being moved from one area of the mine

to another without grounding the neutral to a low resistance ground

field and that the mining personnel would be trained in the proper

testing procedures to be used at the mine whenever this practice occurs

considered acceptable alternative method. Granted for the Conant Mine

with conditions.

Docket No.: M-96-174-C.

FR Notice: 62 FR 4332.

Petitioner: Mallie Coal Company, Inc.

Regulation Affected: 30 CFR 75.380.

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

pound or one ten-pound portable chemical fire extinguisher in the

operators deck of each Mescher tractor operated at the mine; to have

the fire extinguisher readily accessible to the operator; and to have

each fire extinguisher inspected daily by the equipment operator prior

to entering the escapeway considered acceptable alternative method.

Granted for the Mine No. 5 with conditions.

Docket No.: M-96-183-C.

FR Notice: 62 FR 4333.

Petitioner: Kerr-McGee Coal Corporation.

Regulation Affected: 30 CFR 77.1304.

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

lubrication oil, which would be drained from its Jacobs Ranch Mine

equipment, blended with fuel oil to create an Ammonium Nitrate Fuel Oil

(ANFO) blasting agent and proposes to submit proposed revisions to its

part 48 training plan, which include initial and refresher training

regarding compliance to its petition considered acceptable alternative

method. Granted for the Jacobs Ranch Mine with conditions.

Docket No.: M-96-194-C.

FR Notice: 62 FR 4334.

Petitioner: Apogee Coal Company (dba Arch of Illinois).

Regulation Affected: 30 CFR 75.333.

Summary of Findings: Petitioner's proposal to allow permanent

stoppings to be built and maintained to a point not to exceed 900 feet

from the point of deepest penetration in the conveyor belt entry or to

a distance from the point of deepest penetration in the conveyor belt

entry not to exceed 1\1/2\ time the length of the Archveyor continuous

face haulage system considered acceptable alternative method. Granted

for Conant Mine with conditions for application only to the Archveyor

system (i.e. stageloader, system conveyor, continuous mining machine,

and bolter car if used).

Docket No.: M-96-207-C.

FR Notice: 62 FR 11925.

Petitioner: Brookside Coal Company.

Regulation Affected: 30 CFR 75.364.

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

from the gunboat/slope car with an alternative air quality evaluation

at the section's intake level, and travel and throughly examine these

areas for hazardous conditions once a month considered acceptable

alternative method. Granted for the Diamond 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-95-078-C.

FR Notice: 60 FR 31499.

Petitioner: R. & D. Coal Company.

Regulation Affected: 30 CFR 75.332.

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

through inaccessible abandoned workings and additional areas by mixing

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

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

preshift 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.

Docket No.: M-95-115-C.

[[Page 27308]]

FR Notice: 60 FR 46871.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to establish check

points J and K to monitor the affected area and to have a certified

person examine the area for methane and the quantity of air at both

check points on a weekly basis; and to have the certified person

initial and record the date, time, and results of the weekly

examinations in a book kept on the surface and made available for

inspection by interested persons considered acceptable alternative

method. Granted for the Shoemaker Mine with conditions.

Docket No.: M-95-167-C.

FR Notice: 60 FR 64080.

Petitioner: Cyprus Plateau Mining Corporation.

Regulation Affected: 30 CFR 75.1002.

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

(2,400 or 4,160 volt) cables to power longwall mining equipment

considered acceptable alternative method. Granted for the Willow Creek

Mine with conditions.

Docket No.: M-95-183-C.

FR Notice: 61 FR 8306.

Petitioner: Mountain Coal Company.

Regulation Affected: 30 CFR 75.1002-1.

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

electronic testing or diagnostic equipment within 150 feet of pillar

workings; and to use low-voltage or battery operated non-permissible

equipment such as, but not limited to, laptop computers, oscilloscopes,

vibration analysis machines, and cable fault detectors considered

acceptable alternative method. Granted for the West Elk Mine with

conditions.

Docket No.: M-95-184-C.

FR Notice: 61 FR 8306.

Petitioner: Mountain Coal Company.

Regulation Affected: 30 CFR 75.500.

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

electronic testing or diagnostic equipment in or inby the last open

crosscut; and use low-voltage or battery operated non-permissible

equipment such as, but not limited to, laptop computers, oscilloscopes,

vibration analysis machines, and cable fault detectors considered

acceptable alternative method. Granted for the West Elk Mine with

conditions.

Docket No.: M-94-135-C.

FR Notice: 59 FR 46269.

Petitioner: K & S Coal Company.

Regulation Affected: 30 CFR 75.332.

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

preshift and on-shift examinations, and to suspend mine production when

air quality fails to meet specified criteria considered acceptable

alternative method. Granted for the First Chance Slope Mine with

conditions.

Docket No.: M-93-07-C.

FR Notice: 58 FR 8065.

Petitioner: McElroy Coal Company.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to establish monitoring

stations at the North Return and the Left Return of 2-North before it

enters the affected aircourses, and continue using monitoring stations

at the 1-South entries of the affected return aircourse daily as

described in petition for modification, docket number M-92-142-C

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

Mine with conditions.

Docket No.: M-93-027-C.

FR Notice: 58 FR 13805.

Petitioner: Cyprus Plateau Mining Corporation.

Regulation Affected: 30 CFR 75.350.

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

carbon monoxide detection in all belt entries used as intake aircourses

to ventilate active working places considered acceptable alternative

method. Granted for the Star Point No. 2 Mine with conditions.

Docket No.: M-93-097-C.

FR Notice: 58 FR 39237.

Petitioner: E & E Fuels.

Regulation Affected: 30 CFR 75.364.

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

once a month considered acceptable alternative method. Granted for the

Orchard Slope Mine with conditions for 30 CFR 75.364(b)(1) regarding

weekly 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-93-116-C.

FR Notice: 58 FR 39239.

Petitioner: Buck Mountain Coal Company.

Regulation Affected: 30 CFR 75.360.

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 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

considered acceptable alternative method. Granted for the Buck Mountain

Slope Mine with conditions.

Docket No.: M-97-002-M.

FR Notice: 62 FR 23800.

Petitioner: Barrick Goldstrike Mines, Inc.

Regulation Affected: 30 CFR 56.6309.

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

crankcase oil blended with diesel fuel to prepare ammonium nitrate/fuel

oil (ANFO) for blasting considered acceptable alternative method.

Granted for the Barrick Goldstrick Mine with conditions.

Docket No.: M-97-004-M.

FR Notice: 62 FR 34312.

Petitioner: Homestake Mining Company.

Regulation Affected: 30 CFR 56.6202.

Summary of Findings: Petitioner's proposal to substitute a flashing

amber light in place of signs on rubber-tired mobile equipment used in

the ramp systems and to have the light readily visible from all

directions, and the flashing amber light would be a natural extension

of the amber light currently used at the Homestake Mine to delineate

explosive storage facilities considered acceptable alternative method.

Granted for the Lead, S.D. Mine with conditions.

Docket No.: M-97-013-M.

FR Notice: 63 FR 2700.

Petitioner: Tg Soda Ash, Inc.

Regulation Affected: 30 CFR 57.22305.

Summary of Findings: Petitioner's proposal to operate a

nonpermissible pump in an area of the mine that was previously a

shortwall panel, and to operate approved equipment inby the last open

break or in areas where methane may enter the airstream considered

acceptable alternative method. Granted for the Wyoming Soda Ash Mine

with conditions.

Docket No.: M-95-012-M.

FR Notice: 61 FR 8306

Petitioner: Rock of Ages Quarries, Inc.

Regulation Affected: 30 CFR 56.19003

Summary of Findings: Petitioner's proposal to use chain drives

between

[[Page 27309]]

the driving mechanism and the gear train of the hoists considered

acceptable alternative method. Granted for the Rock of Ages Light Side

Mine with conditions.

Docket No.: M-95-013-M

FR Notice: 61 FR 8306.

Petitioner: Rock of Ages Quarries, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal to use chain drives

between the driving mechanism and the gear train of the hoists

considered acceptable alternative method. Granted for the Rock of Ages

Light Side Mine with conditions.

Docket No.: M-95-014-M.

FR Notice: 61 FR 8306.

Petitioner: Rock of Ages Quarries, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal to use chain drives

between the driving mechanism and the gear train of the hoists

considered acceptable alternative method. Granted for the Rock of Ages

Light Side Mine with conditions.

Docket No.: M-95-015-M.

FR Notice: 61 FR 8306.

Petitioner: Rock of Ages Quarries, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal to use chain drives

between the driving mechanism and the gear train of the hoists

considered acceptable alternative method. Granted for the Rock of Ages

Light Side Mine with conditions.

Docket No.: M-95-017-M.

FR Notice: 61 FR 8307.

Petitioner: Swenson Granite Company, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal to use chain drives

between the driving mechanism and the gear train of the hoists

considered acceptable alternative method. Granted for the Swenson Gray

Quarry Mine with conditions.

Docket No.: M-95-018-M.

FR Notice: 61 FR 8307.

Petitioner: Swenson Granite Company, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal applies to chain drives

between the driving mechanism and the gear train of the hoists,

allowing the use of chain drives for such application considered

acceptable alternative method. Granted for the Lower Quarry Mine with

conditions.

Docket No.: M-94-031-M.

FR Notice: 59 FR 29305.

Petitioner: Mitsubishi Cement Corporation.

Regulation Affected: 30 CFR 57.13020.

Summary of Findings: Petitioner's proposal to establish blow-off

stations at various places in the plant where employees can clean their

clothes with compressed air; to install tamper-proof airline regulators

at each station to ensure that primary operating air pressure is

consistent; and to post rules for employees to follow when using

compressed air to clean their clothes considered acceptable alternative

method. The compressed air would have an OSHA-approved nozzle with

pressure no greater than 2-6 psi at normal average line pressure.

Granted for the Cushenbury Plant with conditions.

Docket No.: M-94-037-M.

FR Notice: 61 FR 8307.

Petitioner: Rock of Ages Quarries, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal to use chain drives

between the driving mechanism and the gear train of the hoists

considered acceptable alternative method. Granted for the Rock of Ages

Light Side Mine with conditions.

Docket No.: M-81-072-M.

FR Notice: 47 FR 8898.

Petitioner: Ziegler Chemical and Mineral Corp.

Regulation Affected: 30 CFR 57.19-3.

Summary of Findings: Petitioner's proposal to use a V-belt drive

personnel hoist known as Hoist B-11 at its gilsonite mines considered

acceptable alternative method. Granted for Bonanza Mine with

conditions.

[FR Doc. 99-12550 Filed 5-18-99; 8:45 am]

BILLING CODE 4510-43-P