| In the matter of Consolidation Coal Company Shoemaker Mine I.D. 46-01436 | Petition for Modification Docket No. M-92-177-C |
Date Issued: 04/24/1997
On December 1, 1992, a petition was filed seeking a modification of the application of 30 CFR 75.364(b) to Petitioner's Shoemaker Mine, located in Marshall County, West Virginia. On August 14, 1995, the Petitioner notified MSHA upon the advice of the District Manager that an approved ventilation change had eliminated a segment of the petitioned aircourse (approximately 550-feet of return aircourse beginning near 2 North No. 1 seal and connecting with the Mains East Return) and eliminated one of the monitoring stations (formerly known as evaluation point F) used in evaluating that aircourse segment. The Petitioner provided documentation of the ventilation change and approval by the MSHA District Manager as an acceptable amendment to the mine ventilation plan required under 30 CFR 75.370. The Petitioner alleges that application of this standard will continue to result in a diminution of safety to the miners and that the alternative method proposed in the petition for the remaining aircourse segments and evaluation points will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the amended petition and approved the ventilation change in the mine ventilation plan. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Amended Proposed Decision and Order is issued.
MSHA personnel conducted an investigation of the amended petition and approved the ventilation change in the mine ventilation plan. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Amended Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b) 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.
On the basis of the amended petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b) to its Shoemaker Mine. This Amended Proposed Decision and Order, once it becomes final, shall supersede the Proposed Decision and Order dated November 16, 1993.
On the basis of the amended petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b) to its Shoemaker Mine. This Amended Proposed Decision and Order, once it becomes final, shall supersede the Proposed Decision and Order dated November 16, 1993.
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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.364(b) in the Shoemaker Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. The monitoring stations that allow effective evaluation of the Mains East Returns aircourses from the No. 23 seal at 1-South to survey station No. 123+85.93 located outby 3-South shall be established at the following:
(a) Station C-1, the first crosscut between Nos. 4 and 5 entries of Mains East Returns inby 1-South.
(b) Station G, 3-North left side aircourse 100 feet outby No. 16 seal.
(c) Station H, 4-North left side aircourse 100 feet outby No. 29 seal.
(d) Station I, the Nos. 1, 2, 3, and 4 entries in Mains East Returns between survey stations 111+74.23 and 113+36.62.
2. Daily evaluations shall be made by a certified person. The evaluation shall include the air quantity and quality of all air entering and exiting the affected area at the monitoring stations. A sign designating the location of each monitoring station 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 on 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 accessible 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 stations shall be adequately supported to prevent further deterioration of the roof in the vicinity of the stations.
5. Methane gas or other harmful, noxious, or poisonous gases shall not be permitted to accumulate in these airways in excess of legal limits. An increase of 0.5 per centum methane above the last previous 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 currents shall be reported to the mine foreman and an immediate investigation of the affected area shall be conducted.
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 moved to another location without prior approval of the District Manager as part of the ventilation plan for the mine. All or part of the petitioned aircourse and any associated monitoring station may be eliminated through mine ventilation changes submitted to and approved by the District Manager under 30 CFR 75.370. The District Manager shall evaluate the proposed ventilation changes so that the evaluation method outlined in the terms and conditions of this amended proposed decision and order remain effective.
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 75.383. Persons not normally employed in this area shall be instructed in emergency evacuation procedures and escapeway routes before starting work in the area.
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 |
