Ziegler Chemical and Mineral Corporation Little Bonanza Mines and Mills
MSHA I.D. # 42-00876
Harrison Mine
MSHA I.D. # 42-02484
Neal #4 Mine
MSHA I.D. # 42-02317
Petition for Modification Docket No. M-2008-003-M
BACKGROUND
On October 10, 2008, Ziegler Chemical & Mineral Corporation filed a petition under 30 U.S.C.
§ 811 (c) and 30 C.F.R. Part 44 seeking a modification of the application of 30 C.F.R. § 49.2 (b) for Mine Rescue to its Little Bonanza Mines and Mills (MSHA I.D. # 42-00876); Harrison Mine (MSHA I.D. # 42-02484); and Neal #4 Mine (MSHA I.D. # 42-02317). These underground mines are located in Uintah County, Utah. The petitioner alleges that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection for miners provided by the standard.
Standard 30 C.F.R. § 49.2 (b), Mine Rescue Teams, requires:
Each mine rescue team shall consist of five members and one alternate, who are fully qualified, trained, and equipped for providing emergency mine rescue service.
The Petitioner requested that it be allowed to reduce its two mine rescue teams, comprised of five members and one alternate member, to two mine rescue teams comprised of three members and one alternate for each team. The operator believes that the three underground mines are too small to accommodate more than three or four miners in a working place. Utilizing five team members in the confined space in their mines would result in a diminution of safety to both miners at the mine and members of the rescue team and could affect successful rescue efforts in a mme emergency.
On January 8, 2009, MSHA was notified by Ziegler Chemical and Mineral Corporation that their request be withdrawn.
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PROPOSED DECISION AND ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator, and pursuant to Section l Ol(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C.,
§ 81l (c), it is hereby ordered that a modification of the application of 30 CPR § 49.2(b) to Ziegler Chemical & Mineral Corp., as it applies to Little Bonanza and Mills, Harrison Mine, and Neal #4 Mine is hereby DISMISSED.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 C.F.R. § 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. Ifa 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. Ifno request for a hearing is filed within 30 days after service thereof, this Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
CERTIFICATE OF SERVICE
I hereby certify that a .copy of this Proposed decision and Order was served personally or mailed, postage prepaid, on July 31st, 2009 to:
Catherine Ziegler Vice President
Ziegler Chemical & Mineral Corp. 366 North Broadway
Suite 210
Jericho, New York 11753
Patricia W. Silvey
Director, Office of Standards, Regulations and Variances
Mine Safety and Health Administration 1100 Wilson Boulevard
Arl' gton, VA 22209-3939