On June 7, 1995, Old Ben 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 75.364(b)(1 and 2), a mandatory safety standard.
The Petitioner proposed an alternative method of evaluation of the ventilation in large areas of the mine which had become unsafe-to-travel by the mine examiners conducting weekly examinations of intake and return aircourses. The extensive area to be investigated and the complexity of the aircourses to be evaluated delayed completion of MSHA’s investigation. The investigation findings required significant adjustments to the proposed alternative method both to address the diminution of safety, where confirmed by the investigation, and to develop an effective evaluation method. This process also required reinvestigation to verify the effectiveness of the revised alternative method of compliance. During this process, the mine exhausted its mineable coal reserves, entered a permanently abandoned status and the surface opening were sealed. MSHA placed the mine in the permanently abandoned and sealed status October 28, 1997. Since the mine is sealed, the petitioned aircourses are no longer subject to the standard.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Old Ben Coal Company's Petition for Modification of 30 CFR 75.364 (b)(1 and 2) to its Mine No. 20 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.
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Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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