Petition for Modification
In the matter of
Canyon Fuel Company, LLC
Skyline Mine #3
I.D. No. 42-01566
Docket No. M-2001-044-C
30 CFR 75.1002
TO July 12, 2001, PROPOSED DECISION AND ORDER
By Petition for Modification filed on April 9, 2001, Petitioner requested modification of the application of 30 CFR 75.1002. On July 12, 2001, MSHA issued a Proposed Decision and Order granting Canyon Fuel Company, LLC's petition to modify 30 CFR 75.1002 at its Skyline Mine #3.
On July 12, 2001, MSHA received, pursuant to 30 CFR 44.16(k) a request for an Application for Relief to Give Effect to the modification of 30 CFR 75.1002 which had been issued as a Proposed Decision and Order on July 12, 2001.
In its application for relief, Petitioner represented that exceptional circumstances exist, that an unnecessary disruption and significant economic loss would occur if the modification could not implemented until August 17, 2001, and to the best of its knowledge and belief, no party is expected to contest the granting of the modification.
The Application for Relief to Give Effect states that delaying the effective date of the Proposed Decision and Order for the normal 30-day period would unnecessarily delay the startup of the longwall mining section and create an extreme economic hardship to Skyline and its employees. Also, Skyline could lose coal sales contracts and the mine's employees would be subject to layoff while waiting for the Proposed Decision and Order to become effective. Further, Petitioner stated that the designated miners representative supported granting the requested modification. Also, Petitioner provided documentation from the miners representative, who is also the Manager of Safety and Compliance, that he and miners interviewed support the granting of the modification.
Based on consideration of the foregoing, it is determined that delaying the effective date of the July 12, 2001, Proposed Decision and Order would unnecessarily disrupt mining and cause dislocation of the workforce. Therefore, Petitioner's Application for Relief to Give Effect to the July 12, 2001, Proposed Decision and Order is hereby GRANTED.
This decision will take effect on the seventh day following the date of issuance of this decision.
Should any party file a request for a hearing under 30 CFR 44.14 on the July 12, 2001, Proposed Decision and Order prior to the seventh day following the granting of this relief, the relief will not become effective.
Should any party file a request for a hearing after relief becomes effective, the relief will expire immediately.
_________________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
