| In the matter of Gatliff Coal Company Blue Gem # 6 Mine I.D. No. 15-12475 | Petition for Modification Docket No. M-94-013-C |
Date Issued: 05/28/1997
PROPOSED ORDER OF DISMISSAL
On February 1, 1994, Gatliff Coal Company filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.360(b)(6), a mandatory safety standard. That petition was amended on January 26, 1995. The amended petition provided for the continuous monitoring of methane and oxygen concentration of air which had traveled through an inaccessible intake air course, which ventilated a working section, along which unventilated rooms driven more than twenty feet (room necks) exist. Those rooms are partially filled with gob/waste rock, are unventilated and inaccessible for examination. The petitioner alleged and MSHA's investigation confirmed those room necks to have been developed in the latter part of 1989 and the early part of 1990.
On May 15, 1996, MSHA published revised coal mine ventilation standards in the Federal Register, Vol. 57. No.95, which became effective June 10, 1996. The revised language of 30 CFR 75.360(b)(6) exempted room necks developed along intake aircourses prior to November 15, 1992, from being subject to preshift examination. In addition, MSHA District personnel confirmed that the mine is no longer producing coal, is in the final stages of equipment recovery and has submitted plans for the permanent abandonment of the mine and the sealing of surface opening to be completed by January 31, 1996.
For the above reasons, the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Gatliff Coal Company's Petition for Modification of 30 CFR 75.360(b)(6) to its Blue Gem #6 Mine is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 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 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 of Dismissal will become final.
On May 15, 1996, MSHA published revised coal mine ventilation standards in the Federal Register, Vol. 57. No.95, which became effective June 10, 1996. The revised language of 30 CFR 75.360(b)(6) exempted room necks developed along intake aircourses prior to November 15, 1992, from being subject to preshift examination. In addition, MSHA District personnel confirmed that the mine is no longer producing coal, is in the final stages of equipment recovery and has submitted plans for the permanent abandonment of the mine and the sealing of surface opening to be completed by January 31, 1996.
For the above reasons, the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Gatliff Coal Company's Petition for Modification of 30 CFR 75.360(b)(6) to its Blue Gem #6 Mine is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 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 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 of Dismissal will become final.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
