97-9242. Summary of Decision Granting a Petition for Modification

[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Page 17647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9242]


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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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