| In the matter of National King Coal, LLC King Coal Mine I.D. No. 0500266 | Petition for Modification Docket No. M-95-137-C |
Date Issued: 01/10/1997
By petition for modification filed on September 11, 1995, Petitioner requested modification of the application of 30 CFR 75.380(d)(4)(ii) to King Coal Mine.
The operator requested a petition for modification to permit an alternative escapeway width of 40 inches through an 80inch diameter metal culvert for a distance of about 20 feet. The width was reduced due to a row of supplemental roof support down the center line of the culvert. The safety standards for underground coal mine ventilation were revised and published on March 11, 1996 (61 FR 9764). The revised ventilation regulation became effective on June 10, 1996. Added to the revised ventilation regulations was 30 CFR 75.380(d)(4)(iii), which permits a width of less than 48 inches in the alternative escapeway provided a stretcher test where 4 persons carry a miner through the area in question is performed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, National King Coal, LLC's Petition for Modification of 30 CFR 75.380(d)(4)(ii) to its King Coal Mine is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended (55 Federal Register) 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 the
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 |
