October 16, 1998
In the matter of Petition for Modification
Hunt Midwest Mining, Inc.
Multiple Mines Docket No. M-95-07-M
PROPOSED DECISION AND ORDER ON PETITION FOR REVOCATION
BACKGROUND
On February 13, 1995, a petition was filed by Hunt Midwest Mining, Inc., seeking a modification of the application of 30 CFR §49.8(b)(2). The petition request indicated that it was filed for the Kansas City Mine Rescue Team which was an organization composed of member mines from the six companies listed below. These mines were all located in the greater Kansas City (Missouri and Kansas) area:
Missouri -
Company Name Mine Name Mine ID No.
Hunt Midwest Mining, Inc. Randolph Mine 23-00154
Lacausi Services Company Carefree Quarries 23-00007
Missouri Rock, Inc. Missouri Rock, Inc 23-01981
Parkville Stone Company Parkville Stone Mine 23-01883
Kansas -
Company Name Mine Name Mine ID No.
Holland Corporation Mine No. 114-00761
Americold Corporation Inland Quarries 14-00159
The petitioner alleged that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection for miners as afforded by the standard.
30 CFR §49.8(B)(2), Training for Mine Rescue Teams, provides:
(b) Upon completion of the initial training, all team members shall receive at least 40 hours of refresher training annually. This training shall be given at least 4 hours each month, or for a period of 8 hours every two months. This training shall include:
(2) The wearing and use of the breathing apparatus by team members for a period of at least two hours while under oxygen every two months;
The alternative method proposed by Petitioner required team members to conduct training three hours under oxygen four times annually for twelve hours total rather than every other month for two hours.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings and recommendations with the Administrator for Metal and Nonmetal Mine Safety and Health. On October 20, 1995, the Administrator issued a Proposed Decision and Order granting the Petition for Modification.
On July 31, 1996 the Rocky Mountain District received correspondence from two mine operators, Americold Qnporation and Holland Corporation requesting that their names be removed from the subject petition, as their organizations wish to withdraw from participation with the subject mine rescue activities. After a careful review of the entire record, an Amended Proposed Decision and Order was granted on November 25,1996, removing the Holland Corporation's Mine No.1and the Americold Corporation's Inland Quarries from the petition for modification.
OnMarch25,1998 petitioner filed a request with the MSHA South Central District asking that the granted petition be revoked for nonuse. On April 11, 1998, the South Central District Manager concurred with petitioner's request and recommended the Administrator for Metal and Nonmetal Mine Safety and Health revoke the Petition for Modification.
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. Based upon the Request for Revocation of the Petition for Modification filed by the petitioner which is supported by MSHA's South Central District, this revocation is hereby granted.
FINDING OF FACT AND CONCLUSION OF LAW
A modification is no longer needed for the Kansas City Mine Rescue Team based upon petitioner's nonuse.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal and pursuant to Section 101© of the Federal Mine Safety and Health Acto of 1977, 30 U.S.C., Section 811(c), it is ordered that a modification of the application of 30 CFR § 49.8(b)(2) to the Kansas City Mine Rescue Team as it pertains to an alternative method of providing mine rescue training is hereby REVOKED.
Unless a request for a hearing of this Proposed Decision and Order for Revocation is filled 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. lf a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be reaised 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 no request for a hearing is filed within 30 days thereof, this Amended Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
For/s/ C.N.Narramore
Edward C. Hugler
Administrator for
Metal and Nonmetal Mine Safety and Health