[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Page 38393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16249]


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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 existing safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Nowacki Coal Company

[Docket No. M-2003-044-C]

    Nowacki Coal Company, 615 Old 209 Road, Tamaqua, Pennsylvania 
18252-9764 has filed a petition to modify the application of 30 CFR 
75.360 (Preshift examination at fixed intervals) to its Nowacki Coal 
Company Slope (MSHA I.D. No. 36-07592) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit an alternative method of examination and evaluation 
of seals. The alternative method would include a visual examination of 
each seal for physical damage from the slope gunboat during the pre-
shift examination after an air quantity reading is taken just inby the 
intake portal. The petitioner proposes to instruct the examiner to take 
an additional reading and gas test for methane, carbon dioxide, and 
oxygen deficiency at intake air split locations just off the slope in 
the gangway portion of the working section. A record of all readings, 
gas test results, and his/her initials, date, and time and location of 
examinations will be available to anyone prior to entering the mine. 
The petitioner states that regardless of the conditions at the section 
evaluation point, the entire length of the slope would be traveled and 
physically examined on a monthly basis. A record of the dates, time, 
and the initials of the person conducting the examinations will be made 
available on the surface. The petitioner also states that any hazards 
would be corrected prior to transporting personnel in the slope. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

2. Nowacki Coal Company

[Docket No. M-2003-045-C]

    Nowacki Coal Company, 615 Old 209 Road, Tamaqua, Pennsylvania 
18252-9764 has filed a petition to modify the application of 30 CFR 
75.364(b)(1), (4) and (5) (Weekly examination) to its Nowacki Coal 
Company Slope (MSHA I.D. No. 36-07592) located in Schuylkill County, 
Pennsylvania. The petitioner proposes to: (i) Preshift examine the 
intake haulage slope and primary escapeway areas from the gunboat/slope 
car with an alternative air quality evaluation at the section's intake 
gangway level; (ii) travel and thoroughly examine these areas for 
hazardous conditions once a month; and (iii) have the examiner place 
the dates, times, and his/her initials at appropriate locations and 
maintain records of the examination on the surface. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

3. Nowacki Coal Company

[Docket No. M-2003-046-C]

    Nowacki Coal Company, 615 Old 209 Road, Tamaqua, Pennsylvania 
18252-9764 has filed a petition to modify the application of 30 CFR 
75.1002-1 now 75.1002 (Installation of electric equipment and 
conductors; permissibility) to its (MSHA I.D. No. 36-07592) located in 
Schuylkill County, Pennsylvania. The petitioner requests a modification 
in the application of the existing standard to permit the use of non-
permissible electric equipment within 150 feet of the pillar line. The 
petitioner states that the non-permissible equipment would include 
drags and battery locomotives due in part to the method of mining used 
in pitching anthracite mines and the alternative evaluation of the mine 
air quality for methane on an hourly basis during operation. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via e-mail to [email protected], or on a computer disk along 
with an original hard copy to the Office of Standards, Regulations, and 
Variances, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, Virginia 22209. All comments must be 
postmarked or received in that office on or before July 28, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 19th day of June 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-16249 Filed 6-26-03; 8:45 am]
BILLING CODE 4510-43-P