Summary of Decision Granting a Petition for Modification

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Summary of Decision Granting a Petition for Modification

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of affirmative decision issued by the Administrator for

Coal Mine Safety and Health on a petition for modification of the

application of a mandatory safety standard.

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

of 1977, the Secretary of Labor may modify the application of a

mandatory safety standard to a mine if the Secretary determines either

that an alternate method exists at a specific mine that will guarantee

no less protection for the miners affected than that provided by the

standard, or that the application of the standard at a specific mine

will result in a diminution of safety to the affected miners.

Summaries of petitions received by the Secretary appear

periodically in the Federal Register. Final decisions on these

petitions are based upon the petitioner's statements, comments and

information submitted by interested persons, and a field investigation

of the conditions at the mine. MSHA has granted the request for

modification submitted by the petitioner listed below. In some

instances, the decisions are conditioned upon compliance with

stipulations stated in the decision.

FOR FURTHER INFORMATION CONTACT:

This petition and a copy of the final decision is 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: April 2, 1997.

Edward C. Hugler,

Deputy Assistant Secretary for Mine Safety and Health.

Affirmative Decision on a Petition for Modification

Docket No.: M-96-037-C.

FR Notice: 61 FR 33140.

Petitioner: Monterey Coal Company.

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

Summary of Findings: Petitioner's request to allow the width of the

escapeway to be 5 feet instead of 6 feet when using the belt conveyor

as an alternate escapeway during gateroad development and longwall

operation considered acceptable alternative method. Granted for the No.

1 Mine with conditions for the conveyor belt entry during the

development of longwall gate entries and subsequent retreat of the

panels.

[FR Doc. 97-9242 Filed 4-9-97; 8:45 am]

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