On August 16, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.1002-1(a) to Petitioner's Buck Mountain Slope Mine, located in Lykens, Dauphin County, Pennsylvania. The Petitioner alleges that the alternative method outlined in the 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 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 and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
The Petitioner proposes to modify 30 CFR 75.1002-1(a) to allow nonpermissible electric drags and associated nonpermissible electric components and nonpermissible battery-powered locomotives to be located within 150 feet from pillar workings in the Buck Mountain Slope Mine. The investigation determined that the Petitioner has no nonpermissible battery-powered locomotives. Therefore, this modification applies to only nonpermissible electric drags and associated nonpermissible electric components.
The review of the petition and the investigation report reveal that the mining and ventilation practices common to underground anthracite mines have developed mainly as a result of mining coal seams that can pitch from 20 to 90 degrees. Coal extraction in these seams creates openings; some of which breech to the surface. The surface openings permit additional fresh air to enter mines and assist in total mine ventilation. The pitch of anthracite mines also helps to control and prevent accumulations of methane which is lighter than air and will naturally migrate from lower working places to upper mine areas to be exhausted by the mine fan or liberated through surface openings when the mine fan is not operating.
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 75.1002-1(a).
On the basis of the petition and the findings of MSHA's investigation, S and M Coal Company is granted a modification of the application of 30 CFR 75.1002-1(a) to its Buck Mountain Slope 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 S and M Coal Company's Petition for Modification of the application of 30 CFR 75.1002-1(a) in the Buck Mountain Slope Mine is hereby:
DISMISSED, for the use of nonpermissible battery-powered locomotives.
GRANTED, for the use of nonpermissible electric drags and associated nonpermissible electric components located within 150 feet from pillar workings, conditioned upon compliance with the following terms and conditions:
1. At no time shall the nonpermissible electric drags and associated nonpermissible electric components be taken inby the last open crosscut or inby any open chute. Open chutes are openings that are absent of any ventilation control devices that provide separation of intake and return aircourses.
2. The nonpermissible electric drags and associated nonpermissible electric components shall be located in the intake air gangway. Pillar retreat mining using such equipment shall conclude at the first miner heading above the monkey heading or at least 20 feet above the monkey heading.
3. The nonpermissible electric drags and associated nonpermissible electric components shall not be energized anytime the preshift examination detects 0.25% or more methane in the intake air passing over them.
4. On-shift tests for methane shall be taken every two hours at the locations of nonpermissible electric drags and associated nonpermissible electric components when located within 150 feet from pillar workings (including times of pillar development and recovery). The nonpermissible electric drags and associated nonpermissible electric components shall be immediately deenergized if 0.25% or more methane is detected in the intake air passing over them.
5. The results of methane tests conducted during the on-shift examinations, as specified in Stipulation No. 4, shall be recorded in a book provided for that purpose on the surface.
6. The nonpermissible electric drags and associated nonpermissible electric components shall be:
a. Attended while energized; and
b. Deenergized upon completion of coal production activities during each shift.
7. Within 60 days after the Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the Proposed Decision and Order.
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.
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Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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