Petitions for Modification

Federal RegisterDec 15, 1994

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

Petitions for Modification

The following parties have filed petitions to modify the

application of mandatory safety standards under section 101(c) of the

Federal Mine Safety and Health Act of 1977.

1. Peabody Coal Company

[Docket No. M-94-170-C]

Peabody Coal Company, 1951 Barrett Court, P.O. Box 1990, Henderson,

Kentucky 42420-1990 has filed a petition to modify the application of

30 CFR 75.380(d)(3) (escapeways; bituminous and lignite mines) to its

Camp No. 1 Mine (I.D. No. 15-02709) located in Union County, Kentucky.

Due to the height of the primary escapeway from the working section

planned in the No. 11 seam, the petitioner proposes to use the existing

primary escapeway until a new intake air course and primary escapeway

are developed; to use the track haulage entry to the working section as

the alternate escapeway; and to install carbon monoxide monitors along

the beltline at intervals not to exceed 300 feet. The petitioner states

that if during any shift in which coal is produced in the working

section the mine monitoring system fails or malfunctions, the entire

length of the beltline into the working section would be patrolled at

intervals not to exceed one hour between patrols until the system

functions properly again. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Nowacki Coal Company

[Docket No. M-94-171-C]

Nowacki Coal Company, Box 1308, R.D. #1, Tamaqua, Pennsylvania

18252 has filed petitions to modify the application of 30 CFR 75.1400

(hoisting equipment; general) to its Nowacki Coal Company Slope (I.D.

No. 36-07592) located in Schuylkill County, Pennsylvania. Because of

steep, frequently changing pitch and numerous curves and knuckles in

the main haulage slope, the petitioner proposes to use the gunboat

without safety catches in transporting persons. As an alternate, when

using the gunboat to transport persons, the petitioner proposes to use

an increased rope strength safety factor and secondary safety

connections which are securely fastened around the gunboat and to the

hoisting rope above the main connecting device. The petitioner asserts

that the proposed alternate method would provide at least the same

measure of protection as would the mandatory standard.

3. Costain Coal, Inc.

[Docket No. M-94-172-C]

Costain Coal, Inc., P.O. Box 289, Sturgis, Kentucky 42459-0289 has

filed a petition requesting that MSHA's Proposed Decision and Order

granting petition for modification of 30 CFR 75.364, docket number M-

92-94-C be amended. The petitioner requests that evaluation points be

established to monitor the air quantity and quality in the

deteriorating area of the intake air course on a weekly basis instead

of daily. The petitioner asserts that the proposed alternative method

would provide at least the same measure of protection as would the

mandatory standard.

4. Tilden Magnetite Partnership

[Docket No. M-94-46-M]

Tilden Magnetite Partnership, P.O. Box 2000, Ishpeming, Michigan

49849-0901 has filed a petition to modify the application of 30 CFR 56/

57.18010 (first aid training) to its Tilden Mine (I.D. No. 20-00422)

located in Marquette County, Michigan. The petitioner requests that

Michigan State Certified Emergency Medical Technicians and First

Responders be considered equivalent to ``selected supervisors'' on

determining whether the mine has adequate trained first aid personnel.

The petitioner states that the modification would allow for the

inclusion of those employees who have had advanced training and are

currently licensed as Emergency Medical Technicians or First Responders

to be as part of the total number of trained first aid personnel

without precluding the necessity of training additional members to

assure adequate coverage on all shifts. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

Request for Comments

Persons interested in these petitions may furnish written comments.

These comments must be filed with the Office of Standards, Regulations,

and Variances, Mine Safety and Health Administration, Room 627, 4015

Wilson Boulevard, Arlington, Virginia 22203. All comments must be

postmarked or received in that office on or before January 17, 1995.

Copies of these petitions are available for inspection at that address.

Dated: December 8, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-30815 Filed 12-14-94; 8:45 am]

BILLING CODE 4510-43-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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