| In the matter of Leeco, Inc. No. 63 Mine I.D. No. 15-16413 | Petition for Modification Docket No. M-95-178-C |
Date Issued: 01/11/1997
By petition for modification filed on December 4, 1995, Petitioner requested modification of the application of 30 CFR 75.333(a) to its No. 63 Mine, located in Perry County, Kentucky.
The Petitioner proposed to use dry stacked, 6inch hollow core concrete blocks plastered on one side with a woodfiber sealant which has a flame spread index of less than 25. The stopping would be installed as "semipermanent" ventilation controls (stoppings separating belt entries and intakes from return entries) in continuous haulage/continuous mining panels which would be driven up and retreated in approximately six weeks.
On Monday, March 11, 1996, MSHA published in Vol. 61, No. 48 of the Federal Register, Final Rules for Safety Standards for Underground Coal Mine Ventilation. The preamble for the revisions to 30 CFR 75.333(a) describes MSHA's intent that tradition al stopping construction using dry stacked, 6inch hollow core concrete blocks with strength enhancing, 1hour fire rated sealant applied to the high pressure side be considered an acceptable permanent ventilation control under the standard. The final rules became effective June 10, 1996. Therefore, after that date the Petitioners alternative method could be used in compliance with the revised standard and the requested modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Leeco, Inc.'s Petition for Modification of 30 CFR 75.333(a) to its No. 63 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, 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 |
