Petition for Modification
In the Matter of
Centralia Mining
Skidmore Slope
I.D. No. 36-09001
Docket No. M-2001-114-C
30 CFR 75.1100-2(a)(2)
PROPOSED
DECISION AND ORDER
On September 28, 2001, a petition was filed
seeking a modification of the application of 30 CFR 75.1100-2(a)(2) to
Petitioner's Skidmore Slope Mine, located in Shamokin, Northumberland 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
andfiled 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 Decisionand Order is issued.
Finding
of Fact and Conclusion of Law
MSHA's review of the petition, investigation
report, and discussions with mine operators, reveal that because of the low
volatile ratio of anthracite coal, anthracite coal dust does not propagate an
explosion. Additionally, the ignition
temperature of anthracite coal is high which makes it harder to ignite. Furthermore, conditions in these mines are
generally wet. Moreover, the investigation report reveals
that electric face equipment is not used in this mine. Therefore, it is determined that 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(a)(2).
On the basis of the petition and the findings
of MSHA's investigation , Centralia Mining is granted a modification of the
application of 30 CFR 75.1100-2(a)(2) to its Skidmore Slope 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., Section 811(c), it is
ordered that CentraliaMining's Petition for Modification of the application of 30
CFR 75.1100-2(a)(2) in the Skidmore Slope Mine is hereby:
GRANTED, for firefighting equipment in the working section, conditioned upon compliance with
the following terms and conditions:
1. Fire
extinguisher(s) having at least four times the
minimum capacity specified for a portable fire extinguisher in 30 CFR
75.1100-1(e) shall be located no greater than 500 feet from the working face.
2. Fire
extinguisher(s) having at least six times the minimum capacity specified for a
portable fire extinguisher in 30 CFR 75.1100-1(e) shall be located at the
entrance to the gangway at the bottom of the slope.
3. The
mine operator shall notify MSHA prior to using any electric face equipment in
this mine so MSHA can reevaluate this modification.
4. Prior
to implementing this alternative method, all persons who work in this area
shall be instructed immediately in the emergency procedures and all provisions
of 30 CFR 75.1101-23 and 75.383.
Persons not normally assigned to work in this area shall be instructed
in emergency evacuation procedures and escapeway routes before starting work
in this area.
5. 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 plans
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, 1100 Wilson Boulevard,
Arlington,Virginia 22209-3939.
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 the 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.
________________________________
John F. Langton
Acting Deputy
Administrator
for Coal Mine Safety and Health
