DECEMBER 29, 2004
Inthe matter of: Petition for Modification
Snyder Coal Company
No. 1 Rock Slope Mine
I.D. No. 36-09256 Docket No. M-2004-028-C
PROPOSEDDECISION AND ORDER
On July 1, 2004, a petition was filed seeking a modification of the application of 30 CFR 75.1100-2 (a)(2)to Petitioner’s No. 1 Rock Slope mine, located in Hegins, Schuylkill County, Pennsylvania. The Petitioner alleges that the alternative method outlined 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 reportof their findingsand recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record,including the petitionand MSHA’s investigative report, this ProposedDecision and Orderis issued.
Findings of Fact and Conclusion of Law
MSHA’s review of the petition, investigation report, and discussions with mine operators reveal that, because of the low volatile nature of anthracite coal, anthracite coal dust does not propagate an explosion. Additionally, the ignition temperature of anthracite coal is high, whichmakes it difficult to ignite. Furthermore, atmospheric conditions in this mine aregenerally wet, with water dripping from the roof. The investigation report revealedthat electric faceequipment is not used in thismine. Therefore, it is determined that the alternative method proposed by the Petitioner will at all times guarantee no less than the same measure of protection afforded the miner under 30 CFR 75.1100-2 (a)(2).
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 75.1100-2 (a)(2)to its No. 1 Rock Slope mine.
ORDER
Wherefore, pursuant to theauthority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101 (c) of the FederalMine Safety and Health Act of 1977, 30 U.S.C., Section 811 (c), it is ordered that Snyder Coal Company’s Petition for Modification of the application of 30 CFR 75.1100-2 (a)(2) in the No. 1Rock Slope mine is hereby:
GRANTED, for firefighting equipment in the working section, conditioned upon compliance with the following terms and conditions:
1. Fire extinguishers having at least four times the minimum capacity specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) shall be located no more than 500 feet from the working face.
2. Fire extinguishers having at least six times the minimum capacity specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) shall be located at the entranceto the gangway at the bottom of the slope.
3. The mine operator shall notifyMSHA prior to using any electric face equipmentin this mine soMSHA can reevaluate this modification.
4. Prior toimplementing this alternative method, all persons who work in this area shall be instructed immediately in the emergency evacuation procedures and all provisions of 30 CFR 75.1501 and 30 CFR 75.383.Persons not normallyassigned to work in this area shall beinstructed in emergency evacuation procedures and escapeway routes before starting work in this area.
5. Within 60days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved30 CFR Part 48 training plans to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the Proposed Decision and Order.
Anyparty to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, with 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.
Ifa 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 proposeddecision. A partyother than the Petitioner who has requested ahearing shall also commentupon 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 Order will become final and must be posted by the operator on the mine bulletin board at the mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health