In the matter of Petition for Modification
Independence Coal Company, Inc.
Jack’s Branch Buffalo Creek Mine
I.D. No. 46-08513 Docket No. M-2003-007-C
PROPOSED DECISIONAND ORDER
On January27, 2003, a petition was filed seekingan amend the special terms and conditions used in grantingthe modification request for the use of high-voltage continuous mining machines under Docket No. M-1998-063-C. The petitioner’s mine is in Boone County, West Virginia.
The Petitioner alleges that the amended alternative method outlined in the petition will at all times guarantee no less than thesame measure of protection affordedby the standard.
MSHA personnelconducted an investigation of the petitionand filed a report of their findings and recommendations with the Administrator for Coal Mine Safetyand Health. After a careful review of the entire record,including the petition, and MSHA=s investigative report and recommendation, this Proposed Decision and Order (PDO) is issued
Finding of Fact and Conclusion of Law
The amended alternative method proposed by the Petitioner will not guarantee at least the same measureof protection afforded the miners under DocketNo. M-1998-063-C.
The petitioner, Independence Coal Company,Inc. requests that the high-voltage trailing cablebe treated just as a 995-volt trailing cable. The petitioner submitted new terms and condition that were essentially the same as the originalgranting terms and conditions with the exceptionthat the specialrequirements for handling, hanging,guarding and storingthe 2400-volt trailing cable were removed. The petitioner did not offer addition safety precautions in the amendedalternative method to off-set or replace the protections providedby the provision removed from thegranting terms and conditions.
On the basis of the petitionand the findingsof MSHA’s investigation, Independence Coal Company,Inc. is deniedthe amendment to DocketM-1998-063-C to its Jack’s BranchBuffalo Creek Mine.
ORDER
Wherefore, pursuantto 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 Safetyand Health Act of 1977, 30 U.S.C., Sec. 811(c), it is orderedthat Independence Coal Company,Inc.’s Petition for Modification of the application of 30 CFR 75.1002 in the Jack=sBranch Buffalo CreekMine is hereby
denied.
Any partyto this actiondesiring a hearingon this mattermust file in accordance with 30 CFR 44.14, within30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desiredto be raised by the party requesting the hearing, includingspecific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also commentupon all issues of fact or law presentedin the petition, and any partyto this action requesting a hearing may indicate a desired hearing site. If no request for a hearingis filed within 30 days after service thereof, the Decision and Order will become final and must be postedby the operator on the mine bulletin board at the mine.
John F. Langton
Acting Administrator
for Coal Mine Safetyand Health