In the matter of
Three Way Coal Company
Little Vein Slope Mine
I.D. No. 36-08332
Petition for Modification
Docket No. M-95-145-C
Date Issued: 04/12/1997
PROPOSED DECISION AND ORDER
On September 29, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1), (4),and(5) to Petitioner's Little Vein Slope Mine, located in Primrose, Schuylkill County, Pennsylvania. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed 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.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b)(1),(4)and(5) to the subject mine will not result in a diminution of safety to the miners. MSHA's investigative report findings do not support the Petitioner's allegations of diminution of safety and the proposed alternative method does not provide the same measure of protection as is provided by compliance with the standard.
The investigation determined that the petitioner is in compliance with the petitioned regulations. The intake air haulage slope and the return air course, which are also designated escapeways, are being examined in accordance with the pertinent regulations. Seals that are located along these air courses are also inspected during those required examinations.
On the basis of the petition and the findings of MSHA's investigation, Three Way Coal Company is not granted a modification of the application of 30 CFR 75.364(b)(1),(4),and(5) to its Little Vein 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 Three Way Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(1),(4),and(5) in the Little Vein Slope Mine is hereby:
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.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health