Petition for Modification
In the matter of
Snyder Coal Company
Rattling Run Slope Mine
I.D. No. 36-08713
Docket No. M-2002-072-C
30 CFR 75.1002(a), formerly 75.1002-1(a)
PROPOSED DECISION AND ORDER
On August 12, 2002, a petition was filed seeking a modification of the application of 30 CFR 75.1002(a), formerly 75.1002-1(a), to Petitioner's Rattling Run Slope Mine, located in 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.
The petitioner stated that the modification was requested for the following reasons:
- a) The (non-permissible electric) equipment will be operated in the working section's only intake entry (gangway) which is regularly traveled and examined.
b) The use of drags on less than moderate pitching veins (less than 20 degrees pitch) is the only practical system of mining.
c) Permissible drags are not commercially available, and due in part to their small size, permissible locomotives are not commercially available either.
d) As a result of low daily production rates and fully timbered support, in-rushes of methane due to massive pillar falls are unlikely to occur.
e) Recovery of the pillars above the 1st miner heading is usually done on the advance within 150 feet of the section intake (gangway) and the remaining minable pillars recovered from the deepest point of penetration outby.
f) The 5,000 cfm of required intake airflow is measured just outby the non-permissible equipment with the ventilating air passing over the equipment to ventilate the pillar being mined.
g) The electrical equipment is attended during operation and either power to the unit de-energized at the intersection of the working gangway and intake slope or equipment moved to that area when production ceases, thereby, minimizing any ignition potential from the pillar recovery area.
h) Where more than one active line of pillar breast recovery exists, the locomotive may travel to a point just outby the deepest active chute/breast (room) working or last open crosscut in a developing set of entries.
Finding of Fact and Conclusion of Law
The review of the petition and the investigation report reveals that the mining and ventilation practices common to underground anthracite mines have developed mainly as a result of mining coal seams that can pitch from 20 to 90 degrees. Coal extraction in these seams creates openings; some of which breech to the surface. The surface openings permit additional fresh air to enter mines and assist in total mine ventilation. The pitch of anthracite mines also helps to control and prevent accumulations of methane which is lighter than air and will naturally migrate from lower working places to upper mine areas to be exhausted by the mine fan or liberated through surface openings when the mine fan is not operating.
MSHA's investigation report verified the petitioner's reasons for requesting the modification to be valid except that in the petitioned mine, except that the mine develops the intake airway (gangway) in rock between the Lykens Valley Nos. 4 and 5 Veins with rock slants driven back into the No. 5 Vein. Longholes are drilled and shot in the No.5 Vein and the broken coal is allowed to flow by gravity through the rock slants into coal cars. No electric drags are used in this mining operation. However, small coal cars are handled on the rock gangway using a 1 1/2 ton, 36 volt, DC non-permissible battery powered electric motor.
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 75.1002(a), formerly 75.1002-1(a).
On the basis of the petition and the findings of MSHA's investi- gation, Snyder Coal Company is granted a modification of the application of 30 CFR 75.1002(a) to its Rattling Run 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., sec. 811(c), it is ordered that Snyder Coal Company's Petition for Modification of the application of 30 CFR 75.1002(a) in the Rattling Run Slope Mine is hereby:
GRANTED, for the use of nonpermissible battery-powered locomotives located within 150 feet from pillar workings, conditioned upon compliance with the following terms and conditions:
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1. At no time shall the nonpermissible battery-powered locomotives be taken inby the last open crosscut or inby any open chute. Open chutes are openings that are absent of any ventilation control devices that provide separation of intake and return aircourses.
2. The nonpermissible battery-powered locomotives and associated nonpermissible electric components shall not be energized or operated anytime the preshift examination detects 0.25% or more methane in the intake air passing over them.
3. On-shift tests for methane shall be taken every two hours at the locations of nonper-missible battery-powered locomotives when located within 150 feet from pillar workings. The nonpermissible battery-powered locomotives shall not be operated if 0.25% or more methane is detected in the intake air passing over them. Any detection of 0.25% or more methane will be immediately reported to the MSHA District Manager.
4. Results of the methane tests conducted during the on-shift examinations as specified in Stipulation No. 4, shall be recorded in a book provided for that purpose on the surface.
5. The nonpermissible battery-powered locomotives shall be located at least 150 feet away from pillar workings upon completion of coal production activities during each shift.
6. 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.
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.
_________________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health
