| In the matter of Quarto Mining Company Powhatan No. 4 Mine I.D. No. 33-01157 | Petition for Modification Docket No. M-93-60-C |
Date Issued: 04/13/1997
On April 21, 1993, a petition was filed seeking a modification of the application of 30 CFR 75.380(d)(4) to Petitioner's Powhatan No. 4 Mine, located in Monroe County, Ohio. A Proposed Decision and Order (PDO) denying the petition was issued on November 17, 1993. In response to this denial, the Petitioner requested a hearing before an Administrative Law Judge on December 17, 1993. On December 6, 1994, the Petitioner proposed an amendment to the petition asserting a diminution of safety. An Administrative Law Judge remanded the case back to the Administrator for Coal Mine Safety and Health on September 28, 1995, for him to issue an Amended PDO. On November 2, 1995, the Petitioner proposed an amendment to the petition withdrawing the diminution of safety assertion and stipulating an alternate method which alleged that the alternate method outlined in the amended 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 amendment 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 as amended, comments, and MSHA's investigative report of findings and recommendations, this Amended PDO is issued. This Amended PDO supersedes the PDO dated November 17, 1993.
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 75.380(d)(4).
The petitioner proposes to maintain a minimum 4 feet of clearance, for up to 1,000 feet, in the alternate escapeway conveyor belt entry. The petitioner refers to problems with the location of a battery charger, crib construction, and indirectly to ventilation difficulties during retreat longwall mining due to
stopping removal between entries 2 and 3. On the basis of the amended petition and the findings of MSHA's investigation, Quarto Mining Company is granted a modification of the application of 30 CFR 75.380(d)(4) to its Powhatan No. 4 Mine.
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 Quarto Mining Company's Petition for Modification of the application of 30 CFR 75.380(d)(4) in the Powhatan No. 4 Mine is hereby:
GRANTED, for the conveyor belt entry of each retreating longwall section conditioned upon compliance with the following terms and conditions:
1. A minimum alternate escapeway width of 48 inches must be maintained from outby the tailpiece structure to the crosscut where the escapeway is routed toward entry No. 2. This reduced clearance area shall not exceed a distance of 1,000 feet.
2. Should an emergency occur requiring the transportation of injured persons in the reduced clearance area of the conveyor belt entry (alternate escapeway), the conveyor belt shall be deenergized while transporting the injured persons.
3. Reflective signs indicating "Tight Clearance" shall be posted and maintained at both ends of the affected area.
4. The walkway shall be kept free of all hazards and obstructions to ensure a safe, travelable walkway.
5. Both the primary and alternate escapeway shall be routed around the section power center so that the power center will not obstruct either walkway.
6. Prior to implementing this alternate method, all persons who work in this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
7. Within 60 days of the PDO being granted, the Petitioner shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA's District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the PDO.
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 |
