| In the matter of Tennessee Energy Corporation Mine No. 43 I.D. No. 40-02972 | Petition for Modification Docket No. M-96-014-C |
Date Issued: 04/12/1997
PROPOSED DECISION AND ORDER
On February 26, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.1405 to Petitioner's Mine No. 43, located in Sequatchie County, Tennessee. The Petitioner alleges that the alternative method proposed in the petition will not diminish the safety of the miners.
MSHA personnel conducted an investigation of the petition and filed a report of their findings 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, this Proposed Decision and Order is issued.
MSHA personnel conducted an investigation of the petition and filed a report of their findings 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, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1405.
On the basis of the petition and the findings of MSHA's investigation, Tennessee Energy Corporation is granted a modification of the application of 30 CFR 75.1405 to its Mine No. 43.
On the basis of the petition and the findings of MSHA's investigation, Tennessee Energy Corporation is granted a modification of the application of 30 CFR 75.1405 to its Mine No. 43.
ORDER
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 Tennessee Energy Corporation's Petition for Modification of the application of 30 CFR 75.1405 in the its Mine No. 43 is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. This petition only applies to the flatcars being used to haul supplies in and out of the mine.
2. The handle that is secured to the tongue by a swivel will be a minimum length of 42 inches and the weight of the tongue being used to couple the motor to the flatcar will be limited to that which can be safely handled by one person.
3. A locking device will be installed on the motor to secure the coupling pin from coming out; thus preventing the flatcar from becoming accidently uncoupled.
4. Flatcars shall not be coupled or uncoupled while in motion.
5. The track grade shall not exceed 1 percent. Trip speeds shall be consistent with track conditions and shall not exceed 4 miles per hour.
6. Chock blocks or other devices shall be used to prevent movement of the cars during coupling and uncoupling operations. In addition, a connecting bar shall be in place before coupling or uncoupling is done.
7. Tow bars and safety chains shall be of proper size and strength. The tow bars and coupling devices shall be properly maintained at all times when the cars are in use.
8. Mine personnel shall not be positioned between the flatcars during the coupling/uncoupling process.
9. Within 60 days after the 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 terms and conditions stated in the Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (Federal Register 53430, December 28, 1990) within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 Peti-tioner 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 |
