In the matter of Petition for Modification
Mettiki Coal Corporation
Mettiki Mine
I.D. No. 18-00621 Docket No. M-98-096-C
PROPOSED DECISION AND ORDER
On October 16, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.1100-2(e)(2) to Petitioner's Mattiki Mine, located in Garrett County, Maryland. 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, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
MSHA's review of the petition, investigation report, and discussions with mine operator, reveals that the mine is very wet and expels in excess of 7,500,000 gallons of water daily. Also, some temporary electrical installations are located in remote areas of the mine and require constant maintenance of the required 240 pounds of rockdust to assure that the rockdust is dry and usable in the event of an emergency. These pumping stations are the most vulnerable to moisture. Furthermore, conditions in this mine are continuously wet as evidenced by the results of the three (3) previous quarterly inspections completed by MSHA inspection personnel. Therefore, it is determined that 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(e)(2).
On the basis of the petition and the findings of MSHA's investigation, Mettiki Coal Corporation, is granted a modification of the application of 30 CFR 75.1100-2(e)(2) to its Mettiki 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 Mettiki Coal Corporation's Petition for Modification of the application of 30 CFR 75.1100-2(e)(2) in the Mettiki Mine is hereby:
GRANTED, for the use of two portable fire extinguishers in lieu of one portable fire extinguisher and 240 pounds of rockdust at temporary electrical installations, conditioned upon compliance with the following terms and conditions:
- The Petitioner shall provide at each temporary electrical installation two multipurpose, dry chemical, portable fire extinguishers, each having at least a minimum capacity of 10 pounds of dry powder.
- All portable fire extinguishers located at temporary electrical installations shall be approved by Underwriters Laboratories, Incorporated or Factory Mutual Research Corporation.
- The portable fire extinguishers shall be examined and maintained in accordance with the requirements of 30 CFR 75.1100-3 and 75.1107-16(b).
- Prior to implementing this alternative method, all persons who work in the areas where the alternative method will be implemented shall be instructed in the procedures and provisions of 30 CFR 75.1101-23 and 75.383. Persons not normally assigned to work in the areas where the alternative method will be implemented shall be instructed in emergency evacuation procedures and escapeway routes before starting work in the areas where the alternative method will be implemented.
- 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 plans to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the terms and conditions stated in 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.
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health