| In the matter of Monterey Coal Company No. 1 Mine I.D. No. 11-00726. | Petition for Modification Docket No. M-96-010-C |
Date Issued: 12/13/1996
On February 5, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.1100-2(i)(1) to Petitioner's No. 1 Mine located in Macoupin County, Illinois. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protec tion afforded by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
The alternative method proposed by the Petitioner will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1100-2(i)(1).
On the basis of the petition and the findings of MSHA's investi gation, Monterey Coal Company is granted a modification of the application of 30 CFR 75.1100-2(i)(1) to its No. 1 Mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Monterey Coal Company's Petition for Modification of the applica tion of 30 CFR 75.1100-2(i)(1) in the No. 1 Mine is hereby:
GRANTED, for emergency materials readily available at locations not exceeding 2 miles from each working section, conditioned upon compliance with the following terms and conditions:
- The following emergency materials shall be stored
and maintained at a location(s) not exceeding two
miles from each working section in a well main
tained area marked with signs to indicate the
location:
112 Kennedy Metal Stopping Panels with associated head sills and twist clamps
24 Kennedy Stopping Rib Angles
3 Rolls of Tape
3 Twist Tools
2 Rolls of Brattice Cloth
3 Stopping Jacks
3 Picks
3 Shovels
9 Buckets of Celtitte 1012 Airtite (or equivalent material for stopping construction)
5 Tons of Rockdust
- This storage location(s) shall be designated on
the mine map.
- Miners shall be instructed in the construction of
Kennedy Metal Stoppings. Such instruction shall
be included in miners' initial and annual refresh
er training.
- Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the conditions specified by the Proposed Decision and Order.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
