| In the matter of Enlow Fork Mining Company Enlow Fork Mine I.D. No. 3607416 | Petition for Modification Docket No. M-93-314-C |
Date Issued: 01/11/1997
On November 30, 1993, a petition was filed seeking a modification of the application of 30 CFR 75.380(d)(4) to Petitioner's Enlow Fork Mine, located in Greene County, Pennsylvania.
The Petitioner proposed to have a reduced width no less than 48 inches for approximately 150 feet on the primary escapeway along side a train of skid or rubber tire mounted equipment; power center, supply cars and cable skid on section development; and longwall electrical equipment, emulsion tanks and pumps, and cable skid on longwall panel retreat.
On Monday, March 11, 1996, MSHA published in Vol. 61, No. 48 of the Federal Register, Final Rules for Safety Standards for Underground Coal Mine Ventilation. The preamble for the revi sions to 30 CFR 75.380(d)(4), now 30 CFR 75.380(d)(4)(iv), de scribes MSHA's intent. The new standard states, "Where mobile equipment near working sections, and other equipment essential to the ongoing operation of longwall sections, is necessary during normal mining operations, such as material cars containing rock dust or roof control supplies, or is to be used for the evacuation of miners off the section in the event of an emergency. In any instance, escapeways shall be of sufficient width to enable miners, including injured disabled persons, to escape quickly in an emergency. When there is a need to determine whether sufficient width is provided, MSHA may require a stretcher test where 4 persons carry a miner through the area in question on a stretcher." The final rules become effective June 10, 1996. Therefore, after that date the Petitioner's requested modification is not needed to comply with the standard.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Enlow Fork Mining Company's Petition for Modification of the application of 30 CFR 75.380(d)(4) in the Enlow Fork Mine is dismissed without prejudice.
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 Peti
tioner 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 Order of Dismissal will become final.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
