By Petition for Modification filed on May 11, 1998, Petitioner requested modification of the application of 30 CFR 75.1002. On October 5, 1998, MSHA issued a Proposed Decision and Order granting Independence Coal Company, Inc.'s petition to modify 30 CFR 75.1002 at its Justice No. 1 Mine.
On October 5, 1998, 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 was issued as a Proposed Decision and Order on October 5, 1998. In its application for relief, Petitioner represented that Independence Coal Company, Inc., and its employees will experience extreme hardship if the longwall can not be started until the end of the thirty-day period. Employees are subject to be laid-off, and the company will incur significant costs while waiting for the Proposed Decision and Order to become final. Independence Coal Company, Inc., represented that to the best of its knowledge and belief, no party is expected to contest the granting of this Relief to Give Effect.
Based on consideration of the foregoing, it is determined that delaying the effective date of the November 5, 1998, Proposed Decision and Order would unnecessarily disrupt mining and create an extreme economic hardship for the miners at the Justice No. 1. Mine. Therefore, Petitioner's application for relief to give effect to the October 5, 1998, 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 October 5, 1998, Proposed Decision and Order prior to the seventh day following the granting 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.
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Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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