| In the matter of Bear Coal Company, Inc. Bear No. 3 Mine I.D. No. 05-03787 | Petition for Modification Docket No. M-95-069-C |
Date Issued: 05/28/1997
On May 8, 1995, Bear Coal Company, Inc. 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 75.364(b)(4), a mandatory safety standard.
The requested modification was to amend the number of inaccessible mine seals being evaluated under the terms and conditions of a previously granted petition (Docket No. M-92-118-C, final 7/28/93) and to add portions of the aircourse also rendered inaccessible by roof falls. During the processing of the requested amendment, the mine experienced wide spread roof falls and other roof deterioration near the mine portals which have resulted in the mine's closure. The recovery of equipment from underground workings of the mine is completed and the installation of permanent seals in the surface openings has been approved by the MSHA District Manager for the Spring of 1997. The mine is not being ventilated, the surface mine fan has been removed, the and mine openings are protected against entry by fencing/barricades until warmer weather allows the installation of permanent seals and reclamation of the surface areas.
The petitioned inaccessible mine seals are now within an abandoned area of a permanently abandoned mine and are no longer subject to weekly examinations under the standard. Therefore, the petitioned amendment is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Bear Coal Company, Inc.'s Petition for Modification of 30 CFR 75.364(b)(4) to its Bear No. 3 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 |
