Federal Register: June 27, 2003 (Volume 68, Number 124)
DOCID: FR Doc 03-16248
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
ACTION: Safety standard petitions:
DOCUMENT 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.
SUBJECT CATEGORY:
Summary of Decisions Granting in Whole or in Part Petitions for Modification
DOCUMENT SUMMARY:
Under section 101 of the Federal Mine Safety and Health Act of 1977, the Secretary of Labor (Secretary) may allow the modification of the application of a mandatory safety standard to a mine if the Secretary determines either that an alternate method exists at a specific mine that will guarantee no less protection for the miners affected than that provided by the standard, or that the application of the standard at a specific mine will result in a diminution of safety to the affected miners.
Final decisions on these petitions are based upon the petitioner's statements, comments and information submitted by interested persons, and a field investigation of the conditions at the mine. MSHA, as designee of the Secretary, has granted or partially granted the requests for modification listed below. In some instances, the decisions are conditioned upon compliance with stipulations stated in the decision. The term AFR Notice appears in the list of affirmative decisions below. The term refers to the Federal Register volume and page where MSHA published a notice of the filing of the petition for modification.
SUMMARY:
Eighty-four Mining Co. et al.,
FOR FURTHER INFORMATION CONTACT
Petitions and copies of the final decisions are available for examination by the public in the Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, Room 2352, Arlington, Virginia 22209. Contact Barbara Barron at 202 6939447.
Dated at Arlington, Virginia this 19th day of June 2003. Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M2001027C.
FR Notice: 66 FR 30232.
Petitioner: Eightyfour Mining Company.
Regulation Affected: 30 CFR 75.312(c).
Summary of Findings: Petitioner's proposal is to test automatic
closing doors and the automatic fan signal devices at least every 31
days without shutting down the fan and without removing miners from the
mine, to eliminate the hazards associated with shutting down the fan.
This is considered an acceptable alternative method for the Mine 84.
MSHA grants the petition for modification for tests of (1) the
automatic fan stoppage signal device; and (2) the automatic closing air
flow reversal prevention doors to be performed without shutting down
the mine fan without removing the miners from the mine at the Mine 84 with conditions.
Docket No.: M2001061C.
FR Notice: 66 FR 34466.
Petitioner: Cumberland River Coal Company.
Regulation Affected: 75.364(b)(2) & (4).
Summary of Findings: Petitioner's proposal is to establish two monitoring stations to evaluate the air entering and leaving the area of the return air course where the roof is deteriorating. The petitioner will have a certified person examine the monitoring stations on a weekly basis and record the date, his/her initials, time of examination, and the quantity and quality of air in a book or on a date board maintained on the surface of the mine and made accessible to all interested parties. This is considered an acceptable alternative method for the Band Mill Mine. MSHA grants the petition for modification for the examination of approximately 600 feet of unsafetotravel air course in the 2 East Submains which ventilates the 1Left Panel off of 2 East Submain mine seals at the Band Mill Mine with conditions.
Docket No.: M2001075C.
FR Notice: 66 FR 41891.
Petitioner: Rockhouse Creek Development Corporation.
Regulation Affected: 30 CFR 75.11034(a).
Summary of Findings: Petitioner's proposal is to install a low
level carbon monoxide detection system as an early warning fire
detection system in all belt entries. This is considered an acceptable
alternative method for the No. 1 Deep Mine. MSHA grants the petition
for modification for the use of a carbon monoxide monitoring system
that identifies the location of sensors in lieu of identifying belt flights at the No. 1 Deep Mine with conditions.
Docket No.: M2001103C.
FR Notice: 66 FR 64993.
Petitioner: Consol Pennsylvania Coal Company.
Regulation Affected: 30 CFR 75.312(c) and (d).
Summary of Findings: Petitioner's proposal is to test automatic
closing doors and the automatic fan signal devices at least every 31
days without shutting down the fan and without removing miners from the
mine, to eliminate the hazards associated with shutting down the fan.
This is considered an acceptable alternative method for the Enlow Fork
Mine. MSHA grants the petition for modification for tests of (1) the
automatic fan stoppage signal device; and (2) the automatic closing air
flow reversal prevention doors to be performed without shutting down
the mine fan without removing the miners from the mine at the Enlow Fork Mine with conditions.
Docket No.: M2001106C.
FR Notice: 67 FR 1368.
Petitioner: Aracoma Coal Company.
Regulation Affected: 30 CFR 75.900.
Summary of Findings: Petitioner's proposal is to use a properly
rated vacuum contactor for undervoltage circuit protection and phase
circuit protection. The petitioner proposes to also use a neutral
grounding resister not more than 15 amperes for 480volt circuit and/or
overcurrent circuit protection, and conduct monthly examinations on
each circuit for proper operation of the contactor and actuated under
voltage and grounded phase trip devices. This is considered an
acceptable alternative method for the Aracoma Alma Mine No. 1. MSHA
grants the petition for modification to allow the use of contactors to
provide undervoltage, grounded phase, and monitor the grounding
conductors for low and mediumvoltage power circuits serving three
phase alternating current equipment located at the Aracoma Alma Mine with conditions.
Docket No.: M2001113C.
FR Notice: 67 FR 07551.
Petitioner: Centralia Mining.
Regulation Affected: 30 CFR 49.2(b).
Summary of Findings: Petitioner's proposal is to permit the
reduction of two mine rescue teams with five members and one alternate
each, to two mine rescue teams or three members with one alternate who
serves both teams at its Skidmore Slope Mine. This is considered an
acceptable alternative method for use at the Skidmore Slope Mine. MSHA
grants the petition for modification for the Skidmore Slope Mine to
allow each of the two mine rescue teams to include three members with one alternate who serves both
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teams. All mine rescue team members and the alternate shall be fully
qualified, trained, and equipped for providing emergency mine rescue service in anthracite mines.
Docket No.: M2001123C.
FR Notice: 67 FR 6754.
Petitioner: Warrior Coal, LLC.
Regulation Affected: 30 CFR 75.11034(a).
Summary of Findings: Petitioner's proposal is to install a carbon
monoxide detection system that identifies the location of sensors in
lieu of identifying belt flights. This is considered an acceptable
alternative method for the Cardinal Mine. MSHA grants the petition for
modification for the Cardinal Mine to allow the location of a CO sensor
signaling an alert or alarm to identify the belt flight on which a fire is detected with conditions.
Docket No.: M2001125C.
FR Notice: 67 FR 6755.
Petitioner: Oxbow Mining, LLC.
Regulation Affected: 30 CFR 75.701.
Summary of Findings: Petitioner's proposal is to use a 480volt,
wye connected, 260 KW portable diesel generator for utility power and
to move and operate electrically powered mobile equipment and
stationary equipment throughout the mine. This is considered an
acceptable alternative method for the Elk Creek Mine. MSHA grants the
petition for modification for use of the 480volt, threephase, 320KW/
400KVA diesel powered generator (DPG) set supplying power to a three
phase transformer, and threephase 480volt, and 995volt power circuits Elk Creek Mine with conditions.
Docket No.: M2001126C.
FR Notice: 67 FR 6755.
Petitioner: Oxbow Mining, LLC.
Regulation Affected: 30 CFR 75.901(a).
Summary of Findings: Petitioner's proposal is a 480volt, wye
connected, 260 KW portable diesel generator for utility power and to
move and operate electrically powered mobile equipment and stationary
equipment throughout the mine. This is considered an acceptable
alternative method for the Elk Creek Mine. MSHA grants the petition for
modification for use of the 480volt, threephase, 260 KW 300KVA diesel
powered generator set supplying power to a threephase transformer, and
threephase 480volt, and 995volt power circuits at the Elk Creek Mine with conditions.
Docket No.: M2002013C.
FR Notice: 67 FR 13197.
Petitioner: Snyder Coal Company.
Regulation Affected: 30 CFR 75.11002(a).
Summary of Findings: Petitioner's proposal is to use portable fire
extinguishers where rock dust, water cars, and other water storage
equipped with three (3) ten quart pails is not practical. The
petitioner proposes to use two (2) fire extinquishers near the slope
bottom and an additional portable fire extinguisher within 500 feet of
the working face for equivalent fire protection at the N & L Slope
Mine. This is considered an acceptable alternative method for the N & L
Slope Mine. MSHA grants the petition for modification for the use of
firefighting equipment in the working section at the N & L Slope Mine with conditions.
Docket No.: M2002015C.
FR Notice: 67 FR 14977.
Petitioner: Peabody Coal Company.
Regulation Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal is to continuously
monitor methane and oxygen concentrations at evaluation points closest
to the mine fan and XC91 using a Conspec Mine Monitoring system that
would be manned around the clock and set up to alarm at oxygen levels
less than 19.5% and methane levels greater than 1.0%. This is
considered an acceptable alternative method for the Camp
Docket No.: M2002016C.
FR Notice: 67 FR 14977.
Petitioner: Blue Diamond Coal Company.
Regulation Affected: 30 CFR 77.214(a).
Summary of Findings: Petitioner's proposal is to place Coarse
Refuse Fill
Docket No.: M2002017C.
FR Notice: 67 FR 14977.
Petitioner: Knox Creek Coal Corporation.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to install a low
level carbon monoxide detection system as an early warning fire
detection system in all belt entries used as intake spacing between air
courses. This is considered an acceptable alternative method for the
Tiller No. 1 Mine. MSHA grants the petition for modification to allow
air coursed through conveyor belt haulage entries to be used to
ventilate active working places at the Tiller No. 1 Mine with conditions.
Docket No.: M2002018C.
FR Notice: 67 FR 14977.
Petitioner: Paramont Coal Company Virginia, LLC (Formerly Paramont Coal Corporation, Commonwealth
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to use belt air to
ventilate active working places by installing a lowlevel carbon
monoxide detection system as an early warning fire detection system in
all belt entries used as an intake air course. This is considered an
acceptable alternative method for the Deep Mine
Docket No.: M2002020C.
FR Notice: 67 FR 14977.
Petitioner: Alfred Brown Coal Company.
Regulation Affected: 30 CFR 75.1400(c).
Summary of Findings: Petitioner's proposal is to use a slope
conveyance (gunboat) with increased rope strength and secondary safety
rope connections instead of safety catches or other no less effective
devices to transport persons. This is considered an acceptable
alternative method for the 7 Ft Slope Mine. MSHA grants the petition
for modification for the hoist conveyance (gunboat) without safety catches at the 7 Ft Slope Mine with conditions.
Docket No.: M2002023C.
FR Notice: 67 FR 14978.
Petitioner: Alfred Brown Coal Company.
Regulation Affected: 30 CFR 75.360(b)(5).
Summary of Findings: Petitioner's proposal is to conduct a visual
examination of each seal from the slope gunboat for physical damage
during the preshift examination after an air quantity reading is taken
in by the intake portal. The examination will be conducted before every shift. A certified
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person designated by the operator will take air readings at the top of
the slope and in the gangway just off the slope. The air readings will
be taken to determine the quality of air entering the mine and working
section by testing for methane and oxygen deficiency, to determine the
volume of air entering the working section, and to determine if the air
is moving in the proper direction. This is considered an acceptable
alternative method for the 7 Ft Slope Mine. MSHA grants the petition
for modification for examinations of seals (conducted from the gunboat)
in the intake air haulage slope of the 7 Ft Slope Mine with conditions.
Docket No.: M2002024C.
FR Notice: 67 FR 14978.
Petitioner: Alfred Brown Coal Company.
Regulation Affected: 30 CFR 75.1200(d), (h), and (i).
Summary of Findings: Petitioner's proposal is to use crosssections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000 foot intervals of
advance from the intake slope; and to limit the required mapping of the
mine workings above and below to those present within 100 feet of the
vein being mined. This is considered an acceptable alternative method
for the 7 Ft Slope Mine. MSHA grants the petition for modification for the 7 Ft Slope Mine with conditions.
Docket No.: M2002036C.
FR Notice: 67 FR 19286.
Petitioner: New Century Mining, Inc.
Regulation Affected: 30 CFR 77.214(a).
Summary of Findings: Petitioner's proposal is to construct a coarse
refuse disposal area (Coarse Refuse Disposal Area No. 5) within the
faceup area of the abandoned Kodiak Mine No. 1. This is considered an
acceptable alternative method for the Pineywoods Preparation Plant.
MSHA grants the petition for modification for the Pineywoods Preparation Plant (I.D. No. 0102976) with conditions.
Docket No.: M2002039C.
FR Notice: 67 FR 31835.
Petitioner: Consol of Pennsylvania Coal Company.
Regulation Affected: 30 CFR 75.503 and 30 CFR 18.35.
Summary of Findings: Petitioner's proposal is to increase the
maximum length of trailing cables for continuous mining machines to 950
feet. This is considered an acceptable alternative method for the Enlow
Fork Mine. MSHA grants the petition for modification to apply only to
trailing cables that supply 995volt, threephase, alternating current to continuous mining machine(s) with conditions.
Docket No.: M2002045C.
FR Notice: 67 FR 39746.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal is to establish
evaluation check points in an area of the return air course where roof
conditions are deteriorating and expose persons to hazardous
conditions. This is considered an acceptable alternative method for the
Blacksville No. 2 Mine. MSHA grants the petition for modification for
the unsafetotravel segment (approximately 2,000 feet) of the multiple
common return entries for 2 West Panel approaching Wana Air Shaft at the Blacksville No. 2 Mine with conditions.
Docket No.: M2002050C.
FR Notice: 67 FR 45553.
Petitioner: Bubber Coal Company, Inc.
Regulation Affected: 30 CFR 75.503 and 30 CFR 18.41(f).
Summary of Findings: Petitioner's proposal is to permanently
install springloaded locking devices instead of using padlocks to
prevent unintentional loosening of battery plugs from battery
receptacles and to eliminate the hazards associated with difficult
removal of padlocks during emergency situations. This is considered an
acceptable alternative method for the No. 1 Mine. MSHA grants the
petition for modification for the use of permanently installed spring
loaded locking devices in lieu of padlocks on battery plugs at the No. 1 Mine with conditions.
Docket No.: M2002052C.
FR Notice: 67 FR 49966.
Petitioner: Titan Mining, Inc.
Regulation Affected: 30 CFR 75.11034(a).
Summary of Findings: Petitioner's proposal is to install a carbon monoxide monitoring system as an early warning fire detection system in all belt entries to identify a sensor location in lieu of identifying each belt flight. This is considered an acceptable alternative method for the Laurel Fork Deep Mine. MSHA grants the petition for modification for use at the Laurel Fork Mine with conditions.
Docket No.: M2002057C.
FR Notice: 67 FR 49966.
Petitioner: Highland Mining Company.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to use air coursed through belt haulage entries to ventilate active working places. The petitioner proposes to install a carbon monoxide monitoring system as an early warning fire detection system all belt entries used to course intake air to a working place. This is considered an acceptable alternative method for the Highland 11 Mine. MSHA grants the petition for modification for use at the Highland 11 Mine with conditions.
Docket No.: M2002059C.
FR Notice: 67 FR 49967.
Petitioner: Consol of Kentucky, Inc.
Regulation Affected: 30 CFR 75.11018.
Summary of Findings: Petitioner's proposal is to use a single overhead pipe system with \1/2\inch orifice automatic sprinklers located on 10foot centers, to cover 50 feet of fireresistant belt or 150 feet of nonfire resistant belt, with actuation temperatures between 200 and 230 degrees Farenheit, and with water pressure equal to or greater than 10 psi. This is considered an acceptable alternative method for the Beaver Gap E3 Mine. MSHA grants the petition for modification for use at the Beaver Gap E3 Mine with conditions.
Docket No.: M2002069C.
FR Notice: 67 FR 54676.
Petitioner: Oxbow Mining, LLC.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to use air coursed
through the conveyor belt haulage entries to ventilate working places
by installing a carbon monoxide monitoring system as an early warning
fire detection system in all belt entries used to course intake air to
a working place. This is considered an acceptable alternative method
for the Elk Creek Mine. MSHA grants the petition for modification for the use at the Elk Creek Mine with conditions.
Docket No.: M2002071C.
FR Notice: 67 FR 59317.
Petitioner: FM Coal Corporation.
Regulation Affected: 30 CFR 75.380(f)(4)(i).
Summary of Findings: Petitioner's proposal is to use two fivepound and one tenpound portable chemical fire extinguisher on each Mescher tractor at the Mine No. 4. The tractor operator will inspect each fire extinguisher on a daily basis prior to entering the escapeway and keep a record at the mine of all inspections. The petitioner proposes to maintain a sufficient number of fire extinguishers at the mine in case a defective fire extinguisher is detected. This is considered an acceptable alternative method for the Mine No. 4. MSHA grants the petition for modification for the use Mine No. 4 with conditions.
Docket No.: M2002081C.
FR Notice: 67 FR 6316.
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Petitioner: Remington Coal Company, Inc.
Regulation Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal is to plug and mine
through oil and gas wells. This is considered an acceptable alternative
method for the Stockburg No. 1 Mine. MSHA grants the petition for
modification for mining through or near (whenever the safety barrier
diameter is reduced to a distance less than the District Manager would
approve pursuant to Section 75.1700) plugged oil or gas wells
penetrating the Stockton and Coalburg Coal Seams and other minable coal
seams using continuous miners, conventional mining, or longwall mining methods at the Stockburg No. 1 Mine with conditions.
Docket No.: M2002085C.
FR Notice: 67 FR 66168.
Petitioner: KenAmerican Resources, Inc.
Regulation Affected: 30 CFR 75.380(g).
Summary of Findings: Petitioner's proposal is to request a variance
from the existing standard so that the primary escapeway for the
Docket No.: M2002087C.
FR Notice: 67 FR 66169.
Petitioner: Highland Coal Company (Formerly Peabody Coal Company).
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is to amend its
previously granted petition for modification, docket number M2002040
C, to revise 30 CFR 75.1002 paragraph 14(b) of same section, to allow
routine use of cable crossovers, and to revise paragraph 43(b), to
allow a temporary transformer that is not mounted to the mining
machine. The petitioner's proposed alternative method is essentially
the same as the special terms and conditions previously granted under
the Proposed Decision and Order (PDO) of docket number M2001040C.
The significant difference in the proposed alternative method address
the method of powering the tram motors of the miner during equipment
moves, and proposed wording changes and additions to clarify the intent
of Item No. 14. This is considered an acceptable alternative method for
the Highland Mine. MSHA grants the petition for modification for the
2400volt highvoltage continuous miner(s) at the Highland Mine with conditions.
Docket No.: M2002089C.
FR Notice: 67 FR 66169.
Petitioner: Europa Coal Company, Inc.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is use a Joy 12CM27 continuous miner which operates at 2,400 volts. This is considered an acceptable alternative method for the Dry Branch Coalburg Mine. MSHA grants the petition for modification to use 2,400volt highvoltage continuous miner at the Dry Branch Coalburg Mine with conditions.
Docket No.: M2002100C .
FR Notice: 67 FR 7198.
Petitioner: Highland Mining Company.
Regulation Affected: 30 CFR 75.503 and 30 CFR 18.41(f) .
Summary of Findings: Petitioner's proposal is to use springloaded
locking device on battery plug connectors on mobile batterypowered
equipment to prevent the threaded ring securing the battery plugs to
the battery receptacles from unintentional loosening, and attach
locking device brackets to the battery receptacles to prevent the loss
of the brackets. The petitioner proposes to install a warning tag on
all battery plug connectors that states ``Do Not Disengage Under
Load,'' and provide instructions on the safe practices and provisions
to all persons who operate or maintain the batterypowered machines.
The petitioner will revise its training plan to specify initial and
refresher training for use of the springloaded devices. This is
considered an acceptable alternative method for the Highland
Docket No.: M2002101C.
FR Notice: 67 FR 71989 .
Petitioner: Oxbow Mining, LLC.
Regulation Affected: 30 CFR 75.1909(b)(6).
Summary of Findings: Petitioner's proposal is to operate its diesel
grader at a maximum speed of between 10 and 12 miles per hour or less,
train all grader operators to lower the moldboard (grader Blade) for
additional stopping capability in emergencies, and to recognize
appropriate levels of speed for different road conditions and slopes.
This is considered an acceptable alternative method for the Elk Creek
Mine. MSHA grants the petition for modification for the Elk Creek Mine
with conditions. The Proposed decision and Order is limited in
application to the Getman RDG1504C, diesel graders (Roadbuilder), which has 6 wheels.
Docket No.: M2002108C .
FR Notice: 67 FR 78822.
Petitioner: A, B & J Coal Company.
Regulation Affected: 30 CFR 75.503 and 30 CFR 18.41(f).
Summary of Findings: Petitioner's proposal is to use a permanently
installed springloaded locking device on battery plug connectors on
mobile batterypowered equipment in lieu of padlocks. The springloaded
locking device would prevent unintentional loosening of the battery
plugs from battery receptacles and eliminate the hazards associated
with difficult removal of padlocks during emergency situations. This is
considered an acceptable alternative method for the Mine
Docket No.: M2002118C.
FR Notice: 68 FR 1485.
Petitioner: Canyon Fuel Company, LLC.
Regulation Affected: 30 CFR 75.507.
Summary of Findings: Petitioner's proposal is to install and use a
nonpermissible, 4,160volt AC power submersible pump in a cased
borehole which penetrates an abandoned and sealed portion of the
Skyline Mine No. 3, Level 2 workings. This is considered an acceptable
alternative method for the Skyline Mine No. 3. MSHA grants the petition
for modification for the use of 4,160volt, threephase, alternating
current submersible pumps installed in boreholes in the Skyline Mine No. 3 with conditions.
Docket No.: M2003004C.
FR Notice: 68 FR 5664 .
Petitioner: Remington Coal Company, Inc.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is to use a 2,400 volt
Joy 14CM27 continuous mining machine in lieu of the 2,400 volt Joy
12CM27 continuous mining machine currently being used at the Stockburg
No. 1 Mine. This is considered an acceptable alternative method for the
Stockburg No. 1 Mine. MSHA grants the petition for modification for the use of the 2,400volt highvoltage continuous miner(s) at
[[Page 38393]]
the Stockburg No. 1 Mine with conditions.
Docket No.: M2001004M.
FR Notice: 66 FR 52156.
Petitioner: Kennecott Utah Copper Corporation.
Regulation Affected: 30 CFR 56.14109.
Summary of Findings: Petitioner's proposal is to use emergency stop
devices in the form of a handheld portable radio at portions of the
Bingham Canyon Mine's MineConcentrator Conveyor where pullcords or
railings are not located. When the radio is activated through a single
pushbutton at any position along the beltway, the conveyor motor will
be deactivated and the belt will stop and miners will be prevented from
contacting moving conveyor belts and receiving serious injuries. This
is considered an acceptable alternative method for the Bingham Canyon
Mine. MSHA grants the petition for modification for the Bingham Canyon Mine with conditions.
Docket No.: M2002001M.
FR Notice: 67 FR 11718.
Petitioner: OCI Wyoming, LP.
Regulation Affected: 30 CFR 57.22305.
Summary of Findings: Petitioner's proposal is to use a 12 to 18
volt battery powered cordless drill manufactured by Black & Decker,
DeWalt, Makita, Milwaukee or Hilti, or use similar battery powered
drills for an indefinite period of time, in or beyond the last open
crosscut. This is considered an acceptable alternative method for the
Big Island Mine. MSHA grants the petition for modification for the Big Island Mine with conditions.
[FR Doc. 0316248 Filed 62603; 8:45 am]
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