Petition for Modification
In the matter of
Snyder Coal Company
Rattling Run Slope Mine
I.D. No. 36-08713
Docket No. M-2000-125-C
30 CFR 75.1405
PROPOSED DECISION AND ORDER
On August 14, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1405 to Petitioner's Rattling Run Slope Mine, located in Hegins, 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 75.1405 to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
On the basis of the petition and the findings of MSHA's investigation, Snyder Coal Company is granted a modification of the application of 30 CFR 75.1405 to its Rattling Run Slope 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 Snyder Coal Company's Petition for Modification of the application of 30 CFR 75.1405 in the Rattling Run Slope Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. The maximum load to be transported in each mine car shall not exceed 1-3/4 tons of coal.
2. Mine cars or locomotive and cars shall not be coupled or uncoupled while in motion.
3. The track grade shall not exceed 1 percent. Trip speeds shall be consistent with track conditions and shall not exceed 5miles per hour.
4. Chock blocks or other devices shall be used to prevent movement of the cars during coupling and uncoupling operations. In addition, a connecting bar shall be in place before coupling or uncoupling is done.
5. Tow bars and safety chains shall be of proper size and strength. The tow bars and coupling devices shall be properly maintained at all times when the cars are in use.
6. Mine personnel shall not be positioned between the mine cars during the coupling/uncoupling process.
7. Within 60 days after the 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 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, as amended, (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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health