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In the matter of                                                                
Eastern Associated Coal Corp.
Federal No. 2 Mine
I.D. No. 46-01456 		Petition for Modification


Docket No. M-97-002-C


Date Issued: 01/09/1998

PROPOSED DECISION AND ORDER

On January 10, 1997, a petition was filed seeking to amend a modification of the application of 30 CFR 75.364 to Petitioner's Federal No. 2 Mine, located in Monongalia County, West Virginia. The Mine Safety and Health Administration issued a Proposed Decision and Order (PDO), Docket No. M-92-120-C, granting a modification of the standard to this mine allowing evaluation of air flowing past eight monitoring stations for aircourse segments that were unsafe for mine examiners to travel. That PDO became final December 16, 1993. Since that time the mine has sealed worked out areas, made ventilation changes and rehabilitated some areas to gain access in constructing mine seals. These activities were proposed as mine ventilation plan revisions and approved by the MSHA District Manager. The results of those activities were: (a) the elimination of aircourses and monitoring station Nos. 3, 4, 7, and 8 by inclusion of the areas behind mine seals; and (b) the restoration of access for safe travel by ventilation changes and rehabilitation, eliminating the need for monitoring station nos. 5 and 6.

The Petitioner alleges, for the unsafe to travel aircourse segment evaluated by remaining monitoring station Nos. 1 and 2, that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed 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.

Finding of Fact and Conclusion of Law

Application of 30 CFR 75.364(b)(2) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.

The MSHA investigation confirmed that the ventilation changes, rehabilitation of entries and sealing of worked out areas had eliminated the need for monitoring station nos. 3, 4, 5, 6, 7, and 8. It also confirmed that the remaining two monitoring stations for evaluation of a designated return aircourse segment which remains unsafe for mine examiners to travel are suitable locations for the continued use of the alternative method outlined in the granting terms and conditions of the PDO for Docket No. M-92-120-C which became final December 12, 1996. Therefore, MSHA has amended those terms and conditions to remove the obsolete monitoring stations in this Proposed Decision and Order. This PDO for Docket No. M-97-002-C, when final, shall supersede the PDO issued November 16, 1993, for Docket No. M-92-120-C.

On the basis of the petition and the findings of MSHA's investigation, Eastern Associated Coal Corp. is granted a modification of the application of 30 CFR 75.364(b)(2) to its Federal No. 2 Mine.

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 Eastern Associated Coal Corp.’s Petition for Modification of the application of 30 CFR 75.364(b)(2) in the Federal No. 2 Mine is hereby:

GRANTED, for the monitoring and evaluation of the unsafe-to-travel segment of the designated return aircourse in Miracle Run Shaft Bottom area, conditioned upon compliance with the following terms and conditions:

1. Air measurements for quantity and quality shall be made by a certified person on a daily basis at the following monitoring stations and locations:

(a) Monitoring station No. 1 located 50 feet inby station 2/5 in the No. 2 heading of the Miracle Run Shaft Bottom area.

(b) Monitoring station No. 2 located 20 feet inby station 2/11 in the No. 2 heading of the Miracle Run Shaft Bottom area.

2. A sign designating the location of each of above monitoring stations shall be conspicuously posted in the adjacent travel entry.

3. The date, initials of examiner, time and results of these evaluations shall be recorded in a book, or a date board, that shall be provided at the monitoring stations. Such results shall also be recorded in a book kept on the surface and made available to all interested parties.

4. All monitoring stations and approaches to such stations shall, at all times, be maintained in a safe condition. The roof shall be adequately supported by roof bolts or other suitable means and the area between the fall and the station shall be adequately supported to prevent further deterioration of the roof in the vicinity of the stations.

5. Methane gas and other harmful, noxious, or poisonous gases shall not be permitted to accumulate in these airways in excess of the legal limits. An increase of 0.5 per centrum methane reading shall cause an immediate investigation of the affected areas. If, at any time, the air quantity at any of the monitoring stations indicates a change in air quantity of 10 percent, an immediate investigation of the affected area shall be conducted.

6. A diagram showing the normal direction of the air current flow in this area shall be posted at each monitoring station. Such a diagram shall be maintained in a legible condition. Any change in the flow of the air current shall be reported to the mine foreman immediately.

7. The monitoring stations shall be shown on the mine ventilation map and shall be a part of the approved ventilation plan for the mine. The stations shall not be move to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine.

8. Prior to implementing this alternative method, all persons who work in this area shall be instructed immediately in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.1704-2. Persons not normally employed in this area shall be instructed in emergency evacuation procedures and escapeway routes before starting work in the areas.

9. 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 include 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