| In the matter of Peabody Coal Company Camp No. 1 Mine I.D. No. 15-02709 | Petition for Modification Docket No. M-94-170-C |
On November 29, 1994, Peabody Coal Company filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.380(d)(3), a mandatory safety standard.
That petition resulted in an investigation by MSHA District inspection personnel for which an investigation report and recommendations were filed with the Administrator for Coal Mine Safety and Health. The investigation confirmed that; a) the petitioned escapeway was less than seam height at several locations, b) the escapeway was the alternate escapeway and located in a return entry parallel to by several hundred feet away from the conveyor belt entry, c) the mine does monitor the belt entries using carbon monoxide sensors reporting through an atmospheric monitoring system, d) the petitioned area is on a coal seam not currently being mined and has been idle for several years, and e) the area has an installed belt conveyor system with necessary electrical installation but no face equipment is present. The investigation did not support the petitioner's allegation that the use of a carbon monoxide monitoring system on the belt would provide the same measure of protection to miners as would providing the required egress in the alternative escapeway. The report also indicated the areas of reduced travel height could readily be restored before the section is reactivated and that the petitioner had made no efforts toward the minimal rehabilitation.
A draft Proposed Decision and Order (PDO) was available for issuance by June 1995. That draft PDO would have denied the petition on the basis that the installation of carbon monoxide sensors in the coal haulage, belt conveyor entry would not provide an appropriate alternative to having the required egress for miners, even disabled persons, through the secondary escapeway located in nearby return entries.
However, MSHA was at that time in the process of promulgating revisions to 30 CFR Part 75 Subpart D-Ventilation which would affect the application of the petitioned standard. On March 11, 1996, MSHA published revised final rules in the Federal Register, Vol. 61, No. 48, Pages 9764 through 9846. Page 9811 presented the Preamble to the changes to 30 CFR 75.380(d)(3). Significant to the petitioner's requested modification is the following, "To accommodate mines in low seams, the rule provides that where the coalbed is less than 5 feet, the escapeways shall be maintained at least to the height of the coal bed. As in the past, convergence, the reduction in the entry height due to roof sag or floor heave, which occurs as a natural geologic process, will be excluded from determining escapeway height unless it would impede the escape of miners, including disabled persons, in the event of an emergency."
The draft PDO and the investigation report were reviewed in light of the revised standard. In addition, the investigators and petitioner were contacted to update the information. As a result it was determined that the petition was not needed and should be dismissed by MSHA for the following reasons: a) the petitioned area is not a coal producing section and is not required to have designated escapeways at this time, b) the locations of reduced height are the result of convergence from natural geologic process and should the convergence continue to the point egress is adversely affected, rehabilitation is possible, c) should mining equipment be relocated to the area and the section reactivated, the designated alternative escapeway's egress may require a performance test, four persons carrying a fifth person on a stretcher through the areas of reduced height, before a determination as to the adequacy of the escapeway can be made.
Nevertheless, MSHA continues to believe that petitioner's proposed alternative method does not address the hazard of reduced egress and would not be an acceptable basis for granting a modification.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Peabody Coal Company's Petition for Modification of 30 CFR 75.380(d)(3) to its Camp No. 1 Mine is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 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 Order of Dismissal will become final.
_________________________________ John F. Langton Acting Chief, Division of Safety Coal Mine Safety and Health |
