# Petitions for Modification

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A94-30815

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** December 15, 1994

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-30815. Public record. Not legal advice.
