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Petition - Docket No. M-1989-002-C

Petition for Modification

In the matter of

Manalapan Mining Company, Inc.

Mine No. 6

I.D. No. 15-16318

Docket Nos.

M-1989-002-C

M-1989-003-C

30 CFR 75.326(now 75.350) and 75.1103-4(a)

 

PROPOSED DECISION AND ORDER TO REVOKE

 

Pursuant to Proposed Decisions and Orders (PDOs) granting Manalapan Mining, Company, Inc.'s Mine No. 6 modifications of the application of 30 CFR 75.326(now 75.350) and 75.1103-4(a), allowing the use of belt air to ventilate working faces and allowing the belt fire detection system to identify fire locations by sensor location rather than by belt flight. Both modifications incorporated the use of early warning carbon monoxide sensors used in a mine atmospheric monitoring system as an essential part of the granting terms and conditions. The PDOs for Docket Nos. M-1989-002-C and M-1989-003-C were issued February 28, 1990, and finalized April 9, 1990.

On January 12, 1999, the mine operator notified MSHA that the carbon monoxide monitoring system had been replaced by a point type heat sensor fire detection system and requested that the modification be "withdrawn." On January 21, 1999, MSHA inspection personnel notified the Administrator for Coal Mine Safety and Health that the carbon monoxide sensor early warning fire detection system had been replaced and recommended the modifications relying on that system be revoked.

 

Finding of Fact and Conclusion of Law

 

MSHA District personnel determined that the investigation findings upon which the granted modifications were based are no longer valid because the mine no longer utilizes carbon monoxide sensors to monitor the atmosphere in belt entries. Therefore, modifications of 30 CFR 75.326 (now 75.350) and 75.1103-4(a) are no longer valid.

 

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 Health Act of 1977, 30 U.S.C. 811(c), it is ordered that Manalapan Mining Company, Inc.'s modifications of 30 CFR 75.326 (now 75.350) and 75.1103-4(a) as they apply to the Mine No. 6 are hereby:

REVOKED.

Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order. 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, 4015 Wilson Boulevard, Arlington, Virginia 22203.

If a hearing is requested, the request shall contain a concise summary of the 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 Order to Revoke will become final.

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John M. Pyles

Acting Chief, Division of Safety

Coal Mine Safety and Health