June 16, 1997
| PROPOSED DECISION AND ORDER | the matter of |
| Akzo Nobel Salt, Inc. | |
| PETITION FOR MODIFICATION | No. M-94-06-M |
On February 14, 1994, a petition was filed by Akzo Nobel Salt, Inc. seeking a modification of the application of 30 CFR § 57.19073 to petitioner's Retsof Mine located in Retsof, Livingston County, New York. The petitioner alleged that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection as afforded by the standard.
Standard 57.19073, Hoisting during shift changes, provides:
- Rock or supplies shall not be hoisted in the same shaft as
persons during shift changes, unless the compartments and
dumping bins are partitioned to prevent spillage into the
cage compartment.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Metal and Nonmetal. After a careful review of the entire record, including the petition and MSHA's investigative report, a Proposed Decision and Order was issued on October 17, 1994, granting a modification of 30 CFR § 57.19073 to the Retsof Mine. The modification, which became effective on November 16, 1994, allowed the petitioner to utilize an alternative method of hoisting during shift changes.
Modification was granted based on the determination that the alternative method, as conditioned on petitioner's compliance with specified factors, would at all times guarantee no less than the same measure of protection afforded by the standard in that the equipment and procedures to be utilized by the petitioner to hoist material during shift changes were designed to prevent injury to persons.
Relief as outlined in the Proposed Decision and order was further conditioned upon circumstances existing at the mine at the time the modification was granted.
On April 30, 1997, petitioner filed a request for withdrawal of the granted petition due to nonuse brought about by closure of the mine and subsequent sealing of the mine shaft. The MSHA Northeastern District Manager concurred with petitioner's request for revocation of the petition.
Pursuant to 30 CFR § 44.52, any party to a petition for modification may petition that modification be revoked. Upon receipt of such petition, MSHA shall review the modification to determine whether justification for the modification continues to exist. Upon consideration of the request for withdrawal of the Petition for Modification filed by the MSHA Northeastern District Manager and a similar request received from the petitioner this Proposed Decision and Order for Revocation of Petition For Modification is issued.
A modification to the Retsof Mine is no longer needed based upon petitioner's nonuse of the petition and their recent request for withdrawal.
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 modification of the application of 30 CFR § 57.19073 to the Retsof Mine as it pertains to the alternative method of hoisting material during shift changes is hereby REVOKED.
Unless a request for a hearing of this Proposed Decision and Order for Revocation is filed with the Administrator for Metal and Nonmetal Mine Safety and Health within 30 days after service, the Proposed Decision and Order for Revocation of Modification will become final pursuant to 30 CFR § 44.52.
Any party to this action desiring a hearing must file a request for hearing 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, 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 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 a request for a hearing is not filed within 30 days of service, this Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board.
 _________________________________ Vernon R. Gomez Administrator for Metal and Nonmetal Mine Safety and Health |
