In the matter of Petition for Modification
Turris Coal Company
Elkhart Mine
I.D. No. 11-02664 Docket No. M-97-066-C
Date Issued: 01/04/1998
PROPOSED DECISION AND ORDER
On May 6, 1997, a petition was filed seeking a modification of the application of 30 CFR 75.1100-2(i)(1) to Petitioner's Elkhart Mine located in Logan, Illinois. 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.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1100-2(i)(1).
On the basis of the petition and the findings of MSHA's investigation, Turris Coal Company is granted a modification of the application of 30 CFR 75.1100-2(i)(1) to its Elkhart Mine.
ORDER
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 Turris Coal Company's Petition for Modification of the application of 30 CFR 75.1100-2(i)(1) in the Elkhart Mine is hereby:
GRANTED, for emergency materials readily available at locations not exceeding 2 miles from each working section, conditioned upon compliance with the following terms and conditions:
1. The following emergency materials shall be stored at a location(s) not exceeding two miles from each working section in a well maintained area marked with signs to indicate the location:
160 Kennedy Metal Stopping Panels with associated head sills and twist clamps
32 Kennedy Stopping Rib Angles
3 Rolls of Tape
3 Twist Tools
3 Rolls of Brattice Cloth
3 Stopping Jacks
3 Dutch Heads or Picks
3 Shovels
12 Buckets of Celtitte 10-12 Airtite (or equivalent material for stopping construction)
5 Tons of Rockdust
2. These locations shall be designated on the mine map.
3. Miners shall be instructed in the construction of Kennedy Metal Stoppings. This instructions shall also be included in miner's annual refresher training.
4. Within 60 days after this 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 the conditions specified by 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, as amended, (55 Federal Register 53430, December 28, 1990) 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