| In the matter of New Warwick Mining Corp. Warwick Mine I.D. No. 3602374 | Petition for Modification Docket No. M-94-031-C |
Date Issued: 01/11/1997
On March 8,1994, a petition was filed seeking a modification of the application of 30 CFR 75.335(a)(2),(c)(1) and (c)(2) to Petitioner's Warwick Mine, located in Greene County, Pennsylvania.
On September 19, 1995, MSHA investigators met with the petitioner to discuss the proposed alternate seal design set out in the petition (Docket No. M94031C). The meeting included represen tatives of the miners, mine operator, the petition investigators and MSHA Technical Support personnel. 30 CFR 75.335 provides that alternative methods or materials for seal construction may be approved by the District Manager in the mine ventilation plan if certain conditions are met. After further discussion and revisions to the proposed alternative seal design, on March 11, 1996, the Petitioner's alternate water trap design for the No. 23 seal was approved by the District Manager as a part of the mine ventilation plan. As a result, a petition for modification is no longer needed.
Therefore, 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 and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that New Warwick Mining Corp.'s Petition for Modification of the application of 30 CFR 75.335(a)(2), (c)(1) and (c)(2) in the Warwick Mine is hereby dismissed without prejudice.
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 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 Peti tioner 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 Decision and Order will become final and must be
posted by the operator on the mine bulletin board at the mine.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
