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In the matter of                                                                
Minton Hickory Coal Company
Mine No. 9
I.D. No. 15-17691 		Petition for Modification


Docket No. M-96-144-C


Date Issued: 08/21/1997

PROPOSED DECISION AND ORDER

On October 30, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.342 to Petitioner's Mine No. 9, located in Knox County, Kentucky. The Petitioner alleges that the proposed alternative method will at all times provide the same measure of protection as 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.

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 Part 75.342.

On the basis of the petition and the findings of MSHA's investigation, Minton Hickory Coal Company is granted a modification of the application of 30 CFR 75.342 to its Mine No. 9.

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 Minton Hickory Coal Company's Petition for Modification of the application of 30 CFR 75.342 in the Mine No. 9 is hereby:

GRANTED, for Mescher permissible three wheel battery-powered tractors used to load coal conditioned upon compliance with the following terms and conditions:

1. A continuous-duty MSHA approved oxygen and methane detector (detector) shall be provided on each mine tractor used to transport coal from the working faces of this mine. The instrument shall constantly monitor methane and oxygen and shall automatically sound an audible alarm for each at predetermined levels.

2. The alarm setting shall be set initially and be maintained at the factory setting of 1.0 percent of methane and 19.5 percent of oxygen.

3. Prior to the mine tractor entering the working face for the first time, a methane test shall be conducted in the face area by a person qualified in methane testing.

4. Each trip thereafter, the mine atmosphere shall be continually monitored by the detector from the tractor operator’s deck provided the elapsed time does not exceed 20 minutes.

5. In the event of 1 percent or more of methane being detected, the monitor shall automatically give an audible warning alarm. The operator shall promptly deenergize the tractor manually. Coal production shall cease immediately on the section and action shall be taken to eliminate the methane or low oxygen atmosphere before production is resumed.

6. The detector shall be mounted as close as practical to the bucket in a shock resistant holder which has appropriate openings for the sensors and readout.

7. A spare detector shall be provided to assure compliance with this Proposed Decision and Order.

8. At the end of the shift, each detector shall be removed from the tractor, inspected, and be fully charged by a qualified person.

9. The mine operator shall establish a maintenance program for the detector that details servicing and calibration procedures. Calibration, including alarm settings, shall be made only by a qualified person. A record of these procedures shall be available for inspection by interested parties. Examination and calibration of each detector shall not exceed intervals of 31 calendar days.

10. All tractor operators shall be certified or qualified in detection of methane and oxygen deficiency and be trained in the procedure to be followed in the event that one or both of the gases are found.

11. If 0.25 percent or more of methane is ever detected in the mine, this occurrence shall be recorded in the appropriate mine examination book on the surface, and the MSHA District Manager shall be immediately notified. The Agency will take appropriate steps to revoke this petition pursuant to 30 CFR 44.52.

12. Within 60 days of the PDO being granted, the Petitioner shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA's District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the PDO.

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