Skip to content

Petition for Modification

In the matter of
San Juan Coal Company
San Juan South
I.D. No. 29-02170

San Juan Deep
I.D. No. 29-02201
Docket No. M-2001-074-C
30 CFR 75.1726(a)

DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT TO
May 22, 2002, PROPOSED DECISION AND ORDER

By Petition for Modification filed on November 13, 2001, Petitioner requested modification of the application of 30 CFR 75.1726(a). On May 22, 2002, MSHA issued a Proposed Decision and Order granting San Juan Coal Company's petition to modify 30 CFR 75.1726(a) at its San Juan South and San Juan Deep Mines.

On May 22, 2002, MSHA received, pursuant to 30 CFR 44.16(k), an Application for Relief to Give Effect to the Proposed Decision and Order of May 22, 2002. In its application for relief, Petitioner represented that to the best of its knowledge and belief no party is expected to contest the granting of the modification.

Delaying the effective date of the Proposed Decision and Order for the normal 30 day period, Petitioner asserts, would prevent rapid implementation of the alternative method for the benefit of the miners.

Based on consideration of the foregoing, it is determined that delaying the effective date of the May 22, 2002, Proposed Decision and Order is unnecessary. Therefore, Petitioner's application for relief to give effect to the May 22, 2002, 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 May 22, 2002, 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