PROPOSED AMENDED DECISION AND ORDER ON A VARIANCE

On February 9, 1977, a variance was granted to Rock of Ages Corporation modifying the application of 30 CFR § 56.19-38 to their Pirie Adams Quarry Division, Rock of Ages Quarry and Saw Plant, Wetmore and Morse Quarry, and the Smith Quarry, all located in Washington County, Vermont, by the U.S. Department of Interior, Mining Enforcement and Safety Administration, pursuant to Section 57.24-1 of Title 30 Code, of Federal Regulations. Under Section 301(c)(2) of the Federal Mine Safety and Health Act of 1977, variances granted and in effect at the time of the transfer of duties and functions from the Department of Interior to the U.S. Department of Labor, Mine Safety and Health Administration (MSHA) on March 9, 1978, continue in effect until revoked, terminated, modified, superseded, or set aside by the Secretary of Labor or other authorized officials.

The variance allowed an alternative means to access the top sheaves on the guy derricks without platforms or toeboards installed and was granted based on the determination that the alternative method, as conditioned on petitioner's compliance with specified terms, would at all times guarantee no less than the same measure of protection afforded by the standard. On April 15, 1985, standard 56.19-38 was redesignated as § 56.19038.

Standard 56.19038, Platforms around elevated head sheaves, provides:

Platforms with toeboards and handrails shall be provided around elevated head sheaves.

On January 19, 1996, the MSHA Northeast District Manager submitted information concerning a recent review of the granted variance at the Pirie Adams Quarry Division, Rock of Ages Quarry and Saw Plant, Wetmore and Morse Quarry, and the Smith Quarry. It was noted that the Pirie Adams Quarry Division and the Smith Quarry had ceased mining operations. For those two operations, the Northeast District recommended that the variance be revoked.

The North East District also noted that the Rock of Ages Quarry and Saw Plant and the Wetmore and Morse Quarry had changed their names to the Rock of Ages Lite Side and the Rock of Ages Dark Side. After a careful review of the entire record, including the variance and the information submitted by the North East District report, this Proposed Amended Decision and Order is issued.

Pursuant to 30 CFR 44.52 and 44.53, the Administrator may propose to revise the terms and conditions of a granted variance by issuing an amended decision and order, along with a statement of reasons for the amended decision and order when one or both of the following occurs:

(1) A change in circumstances which originally supported the terms and conditions of the modification;

(2) The Administrator determines that findings which originally supported the terms and conditions of the amendment or revocation are no longer valid.

Upon consideration of the information submitted by the North East District this Proposed Amended Decision and Order of a Modification is issued.


A variance at the Pirie Adams Quarry Division and the Smith Quarry is no longer applicable. The change in circumstances which has occurred as a result of the cessation of mining activities provides no further justification for the relief granted by the subject variance.

Further, petitioner's alternative method as set forth in this Proposed Amended Decision and Order will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 56.19038 at the Rock of Ages Lite Side and the Rock of Ages Dark Side. Compliance with this Proposed Amended Decision and Order entitles Rock of Ages Corporation to a modification of the application of 30 CFR 56.19038 to its Rock of Ages Lite Side and the Rock of Ages Dark Side.


Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal 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 a variance of the application of 30 CFR § 56.19038 to Rock of Ages Corporation as it pertains to an alternative means to access the top sheaves on the guy derricks at the Pirie Adams Quarry Division and the Smith Quarry is hereby REVOKED.

Further, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal 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 modification of the application of 30 CFR 56.19038 to the Rock of Ages Lite Side and Rock of Ages Dark Side as it pertains to accessing the top sheaves on guy derricks is hereby:

GRANTED, conditioned on compliance with the following:

1. All derricks in use at the Rock of Ages Lite Side and Rock of Ages Dark Side on or before February 9, 1977, shall be fitted with a standard safety climber. The climber shall be maintained in good working order and only used in conjunction with approved safety belts and/or safety harnesses.

This granted petition for modification is subject to review by the Administrator for Metal and Nonmetal and may be revised or revoked if a change in circumstances occurs, or findings which originally supported the terms or conditions of this granted modification are no longer valid.

This Proposed Amended Decision and Order will become final unless a request for a hearing is filed with the Administrator for Metal and Nonmetal within 30 days after service. Any party to this action desiring a hearing must file a request in accordance with 30 CFR § 44.14 with the Administrator for Metal and Nonmetal, 4015 Wilson Boulevard, Arlington, Virginia 22203.

If a hearing is requested, it 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 and Order. 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.

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 of service, this Proposed Amended Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.

_________________________________ Vernon R. Gomez Administrator for   Metal and Nonmetal