DECEMBER 14, 2004
In thematter of: Petition for Modification
Snyder Coal Company
No. 1 Rock Slope Mine
I.D. No. 36-09256 Docket No. M-2004-027-C
PROPOSED DECISION AND ORDER
On July 1, 2004, a petition was filed seeking a modification of the application of 30 CFR 49.2(b) to Petitioner's No. 1 Rock Slope Mine, located in Hegins,Schuylkill County, Pennsylvania. Petitioner alleges thatapplication 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.
The petitioned standard, 30 CFR 49.2(b),requires the availability of two mine rescue teams, each consisting of five members plus one alternate. The petitioner indicated that no more than one team has been needed during rescue and recovery activities in the anthracite area during the past 20 years and that no more than 3 rescue team members have entered a working place simultaneously. The petitioner proposes to provide two mine rescue teams, each consisting of three members. One alternate would provide coverage for both teams. Under the petition, seven mine rescue team members would be provided.
MSHA personnel conducted an investigation of the petition and filed areport of theirfindings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition andMSHA's investigative report and recommendation, this Proposed Decisionand Order is issued.
Finding of Fact and Conclusion of Law
Mine rescue teams, as required under the petitioned standard, reflect the traditional and historic requirements of bituminous coal mines. Bituminous coal mines are characterized by being highlymechanized operations in coalseams that are horizontal or slightly dipping. Normally, extraction of coal occurs at multiple faces. Typical openingwidths in bituminous mines are 20 feet. Manybituminous mines exhibit vast areasof development, whichcan extend formiles underground. Bituminous mines often employ hundreds of miners and large bituminous mines can produceseveral million tons a year. Bituminous mines are highly electrified and equipment used for personnel conveyance can carry numerous persons. Rock dusting is requiredbecause of the combustibility of bituminous coal, caused byits inherent volatilecontent.
In contrast, anthracite mines are not highlymechanized. Production andmaintenance work is done largely by hand, using simple hand tools and equipment. Typically, extraction occurs in a single face of an anthracite mine. Anthracite seams dip steeply and are often near vertical. Openings are narrow and constricted. Access between levels is by means of hardwood ladders
through small, steeply pitched openings. Anthracite mines are typically developed only short distances underground, rarely more than several thousand feet. Anthracite mines may have no underground electric power or may have poweronly at the bottom of the hoist slope. The hoist bucket,used to transport personnel, typically canaccommodate no more than three persons. Rock dusting is not required because of the extremely low combustibility of anthracite coal, caused by its low volatile content.
In 1999, one large underground bituminous mine employing 371 miners produced 9.8 milliontons. In contrast, a total of 376 thousandtons was produced by 32 underground anthracite mines with a total employment of 144 miners. Excluding the one relatively large anthracite mine, which employed 33 miners, the average underground anthracite mine employed 4 miners and produced approximately six thousand (6,000) tons during 1999.
The No. 1 Slope Mine operates in a vein that is 10 feet thickand pitches between60 and 70 degrees. The gangwayheadings are developed 12 feet wide andmonkey heading are developed 4 feet wide. The method of mine development is the gangway, chute, and breast method.The mine is currently developing the Number 3 rock chute and employs three underground minersand one surface miner. Electric power does not reach beyond the mine drift entry. The mine is currently in its initial developmental stage.The walking time from the furthest point of gangway and chute development to the surface is three minutes.
The investigation confirmed that in the past 20 years no more than onemine rescue team has been neededin the anthracite region for rescue and recovery activities. Further, no more than three rescue team members have entered a working place at the same time during such activities. Considering this confirmation and the narrow width and constricted openings, the limited capacity of hoist conveyances, the pitched seam, the short travel distance from the driftopening to the working face, and the low combustibility of anthracite coal,Petitioner’s alternative method of two mine rescue teams with three members each is as safe asmaintaining two teams of five members.As such, it achieves the result of the standard to ensure the availability of mine rescue capability for purposes of emergency rescue and recovery. Based on this and the other physicaland operational conditions discussed above, permitting this anthracite mine toprovide two mine rescue teams of three members each with one alternate member serving both teams would guarantee the same measure of mine rescue protection to the anthracite miners at the mine asis provided by 30 CFR 49.2(b).
On the basis of the petition and the findings ofMSHA's investigation, Snyder Coal Company, is granted a modification of the application of 30 CFR 49.2(b) to its No. 1 Rock Slope 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 Safety and Health Act of 1977, 30 U.S.C., Sec. 811(c), it is ordered thatSnyder Coal Company’s Petition for Modification of the application of 30 CFR 49.2(b) in the No. 1 Rock Slope Mine is hereby:
GRANTED, conditioned on compliance with the following terms and conditions:
1. Each of the two mine rescue teams shall include three members with one alternate who serves bothteams.
2. All mine rescue team members and the alternate shall be fully qualified, trained, and equipped for providing emergency mine rescue service in anthracite mines.
3. A copy of the mine notification plan required in accordance with 30 CFR 49.9(b) willinclude the names and phonenumbers of the four Pennsylvania Deep Mine Inspectors who are trained in mine rescue and qualified to conductmine rescue operations.
Any partyto this actiondesiring 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, therequest shall contain aconcise summary of position on the issues of fact or law desiredto be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requesteda hearing shall also comment upon all issuesof fact or law presented in the petition, and any party to this actionrequesting a hearingmay indicate a desired hearing site.
If no request for a hearing is filed within 30 days after service thereof, the Decision and Orderwill become final and must be posted by the operator on themine bulletin board atthe mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health