On October 7, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.340 to Petitioner's Tracy Vein Slope Mine, located in Goodspring, Schuylkill County, Pennsylvania. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection 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.
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 Summit Anthracite Inc.’s Petition for Modification of the application of 30 CFR 75.340 in the Tracy Vein Slope Mine is hereby:
GRANTED, for an underground battery charging station in the intake (gangway) entry, conditioned upon compliance with the following terms and conditions:
1. The subject battery charging station shall not be operated at any time that persons are underground.
2. The mine fan shall be operated continuously during the battery charging operation and shall continue to operate for 30 minutes after the charger has been deenergized. The battery charger shall be energized and deenergized from the surface.
3. Flammable liquids or combustible debris shall not be stored or allowed to accumulate around the charging station. The charging station shall be examined for hazardous conditions immediately prior to charging. The examiner shall certify by initials, date, and the time that the examination was made at this location.
4. After battery charging has been completed and prior to anyone entering the mine, an examination for hazardous conditions shall be completed. The results of this examination shall be kept in a book on the surface.
5. 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 compliance with 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, 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 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
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