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Petition - Docket No. 2003-019-C

Petition for Modification


In the matter of
Maple Creek Mining, Inc.
High Quality Mine
I.D. No. 36-08375
Docket No. M-2003-019-C
30 CFR 75.1400(e)

PROPOSED DECISION AND ORDER


On March 3, 2003, Maple Creek Mining, Inc. filed a petition for modification of the application of 30 CFR 75.1400(e) to Petitioner's High Quality Mine, located near Monongahela, Pennsylvania. 

The petition states that "the High Quality Mine is currently seeking qualified" hoisting engineers but "there are a limited number available (in) the industry." Consequently, an alternate method of "obtaining qualifications" for hoisting engineers is sought. The petition submitted by High Quality seeks to modify Section 1400(e) which provides in pertinent part that, "where persons are transported into and out of a mine by a hoist, a qualified hoisting engineer shall be on duty while any person is underground." However, the requirements for qualified hoisting engineers are found under 30 CFR 75.155(b)(2). In Pennsylvania, because no state program exists, the standard requires having "had 1 year experience in operating electric-drive hoists," and having "held the position of hoisting engineer for a period of 6 months immediately proceeding." The petition states that High Quality Mine is just beginning mining operations, and it "does not currently employ any miners who have held the position of hoisting engineer for a period of six months." 

Because the petitioner seeks modification of the qualifications for a hoisting engineer under 30 CFR 75.155(b)(2) rather than a modification of the 30 CFR 75.1400, MSHA has treated this petition as a request of for modification of 75.155(b)(2) rather than 75.1400(e). 

The Petitioner alleges 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


The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.155(b)(2). 

On the basis of the petition and the findings of MSHA's investigation, Maple Creek Mining Inc., is granted a modification of the application of 30 CFR 75.155(b)(2) to its High Quality 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 the Maple Creek Mining Inc.'s Petition for Modification of the application of 30 CFR 75.155(b)(2) in its High Quality Mine is hereby: 


GRANTED, for a period ending twelve months from the effective date of this Order, and upon compliance with the following terms and conditions:

1. A training program for qualified hoisting engineers must be submitted and approved by Coal Mine Safety and Health District Manager. 

2. The approved training plan at a minimum must include:

(a) the hoist and brakeman car manufacturer's name, hoisting capacity, drum type with the manufacturer's recommended use capacity limitations, installation and maintenance specifications with the recommended examinations and functional test requirements for both the hoist and brakeman car. 

(b) the specific training that will be provided for all miners that will hoist or lower miners in and out of the mine. 

(c) the specific training that will be provided for all miners that operate, ride the brake car, or connect or disconnect the hoisting cable. Individuals not trained to operate the brake car must be accompanied by a trained individual. 

(d) the specific classroom training in the applicable Part 75, 30 CFR hoisting regulations. 

(e) the specific on-site training requirements. 

(f) a record of the training must be maintained at the mine.


3. Applicants must have a minimum of one year experience operating an electric driven mine hoist in a coal mine.

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, 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 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. 

This Order is revoked by operation of law twelve months from its effective date.

 

_________________________________

John F. Langton
Acting Deputy Administrator
 for Coal Mine Safety and Health