Petition
for Modification
In the matter
of
Mears Enterprises Inc.
Dora 8 Mine
I.D. No. 36-08704
Docket No.
M-2002-105-C
30 CFR
75.1100-2(e)(2)
PROPOSED
DECISION AND ORDER
On November 12, 2002, a petition was filed
seeking a modification of the application of 30 CFR 75.1100-2(e)(2) to
Petitioner's Dora 8 Mine located in Jefferson County, Pennsylvania. The Petitioner alleges that the alternate
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.
Finding of
Fact and Conclusion of Law
The alternate 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 75.1100-2(e)(2).
On the basis of the petition and the findings
of MSHA's investigation, Mears Enterprises Inc. is granted a modification of
the application of 30 CFR 75.1100-2(e)(2) to its Dora 8 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 Mears
Enterprises Inc.'s Petition for Modification of the application of 30 CFR
75.1100-2(e)(2) in the Dora 8 Mine is hereby:
GRANTED, for the temporary electrical installations provided the Petitioner maintains two portable fire
extinguishers having at least the minimum capacity specified for a portable fire
extinguisher in 30 CFR 75.1100-1(e)or one portable fire extinguisher with twice the
minimum capacity specified in 30 CFR 75.1100-1(e) at each of the temporary electrical
installations.
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 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
