In the matter of Petition for Modification
Nowacki Coal Company
Nowacki Coal Company Slope
I.D. No. 36-07592 Docket No. M-2003-044-C
PROPOSED DECISIONAND ORDER
On June 9, 2003, NowackiCoal Company, fileda petition seekinga modification of the application of 30 CFR 75.360 to its Nowacki Coal Company Slope, locatedin Brockton, Schuylkill County, Pennsylvania. The Petitioner allegesthat the alternative method outlined in the petition will at all times guarantee no less than thesame measure of protection affordedby the standard.
MSHA personnel conductedan 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, MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The petition filed by NowackiCoal Company involvesa 45 degree pitch shaft which will be used to ventilate mine workings planned in the Middle Split Vein which averages 36 to 72 inches thickness, on an average pitch of 45 degrees. The mines are usually wet and freezing temperatures cause ice to form on ladders and travelways near the top of the slopes, shafts,and approaches to seals which makes hand and foot holds unsure and increases the danger of falling to miners. Moreover, outby areas ofanthracite coal mines do not normally liberatesignificant amounts of methanenor does methaneregularly accumulate in sealed areas of anthracite mines.
The petitioned standard,30 CFR 75.360(b)(5), requires that seals along intake air courses be examined duringpreshift examinations. The Petitioner allegesthat the locationwithin the shaft wouldrequire the examinerto climb a ladder or stairs and would be a diminution of safety. Because othersafe methods of reachingthe area are available, such as by a hoistconveyance or by stairs with landings,the Agency finds that the application of the standard would not result in a diminution of safety.
The alternative method proposedby the Petitioner (as amendedby the recommendations of MSHA) will at all times guaranteeno less than the same measureof protection affordedthe miners under30 CFR 75.360(b)(5).
On the basis of the petition and the findingsof MSHA's investigation, NowackiCoal Company is granted a modification of the application of 30 CFR 75.360(b)(5) to its NowackiCoal Company Slope.
ORDER
Wherefore, pursuant to the authoritydelegated 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 Nowacki Coal Company=sPetition for Modification of the application of 30 CFR 75.350 in the NowackiCoal Company Slope is hereby:
GRANTED, to allowevaluation of the seals off the shaft,from the gunboat in the intakeair haulage slope of this mine conditioned upon compliance with the following terms and conditions:
1. A certified persondesignated by the operator shall,before every shift, take air readingsat the top of the slope and in the gangway just off the slope to determine:
(a) The quality of air enteringthe mine and working section by testing for methaneand oxygen deficiency;
(b) The volume of air enteringthe working section;and
(c) If the air is movingin the proper direction.
Theresults of each preshift examination shall be comparedto the previous preshiftexamination and any changes in the direction of flow of the air currentsshall be reportedto the mine foremanfor immediate investigation. If, at any time, airmeasurements taken at the same location indicatea change in quantityof 25 per cent or more from the averagereading taken during the previous two-weekperiod, and immediate investigation of the affectedarea shall be conducted. Corrective action shallbe immediately taken to restorethe air quantity to its specified volumes. The results of this preshift examination shallbe recorded in the dailyrecord required under 30 CFR 75.360(g).
2. Prior to the preshift examination being conducted, the gunboat shall be run through one complete cycle of operation to determine that it is operatingproperly. No persons or materials shall be allowedto be hoisted in the gunboat during this test. Any unsafe conditions discovered or observedshall be immediately correctedbefore the gunboatis used to transport men or materials. The results of this examination shall be recorded in the dailyrecord required under30 CFR 75.1400-4.
3. The gunboat will travel at a speed that will allow the certified person to make a visualexamination of every seal on eachside of the slope to determine if the seals are intact and serving their intendedpurpose. Any indication of seal deterioration will requireimmediate physical examination followed by corrective actions. The certified person, while traveling in the gunboat,shall also make a visualexamination of the slope for hazardous conditions. All such hazardous conditions shallbe corrected or posted with a conspicuous danger sign and recorded.
4. Prior to implementing this alternate methodand at least every seven days thereafter, an examination to determine the condition of the seals shall be conducted by:
a. Physically traveling to each seal location; or
b. Stopping the gunboatand making a visual examination of each seal.
5. Seals located along return,bleeder, and intakeair courses not coveredunder this modification shall be inspected at least every sevendays in accordance with 30 CFR 75.364(b)(4).
6. Within 60 days after the proposeddecision and order granting a petition, the petitioner shallsubmit a proposedrevision to the approved30 CFR Part 48 trainingplan to the Coal Mine Safety and HealthDistrict Manager. The revisionshall include initial or refresher trainingregarding compliance with the alternative method stated in the petition. The training plan will also includethe special terms and conditions stated in the proposed decision and order.
Any party to 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 requesteda hearing shall also commentupon all issues of fact or law presentedin the petition, and any party to thisaction 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 posted by the operator on the mine bulletin board at the mine.
John F. Langton
Acting Deputy Administrator
for Coal Mine Safetyand Health