| In the matter of Left Fork Mining, Inc. Straight Creek No. 1 Mine I.D. No. 15-12564 | Petition for Modification Docket No. M-96-046-C |
Date Issued: 04/12/1997
PROPOSED ORDER OF DISMISSAL
By petition for modification filed on May 6, 1996, Petitioner requested modification of the application of 30 CFR 75.370(a)(1) to the Straight Creek No. 1 Mine.
The Petitioner intends to use a carbon monoxide detection system as its automatic fire sensor and warning device system required by 30 CFR 75.1103-4. The Petitioner requested a petition for modification to permit one carbon monoxide detection sensor to monitor a conveyor belt tailpiece and drive when they are located adjacent to each other. This arrangement of using only one sensor at the belt tailpiece and drive would prevent the carbon monoxide system from identifying a fire within each conveyor belt flight as is required by the standard. However, the Petitioner requested the petition for the wrong standard. The petition for modification should have been submitted for 30 CFR 75.1103-4(a). Upon notification of this error, the Petitioner decided to withdraw this petition for modification, docket M-96-46-C, and resubmit a new request.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Left Fork Mining, Incorporated's Petition for Modification of 30 CFR 75.370(a)(1) to its Straight Creek No. 1 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.
The Petitioner intends to use a carbon monoxide detection system as its automatic fire sensor and warning device system required by 30 CFR 75.1103-4. The Petitioner requested a petition for modification to permit one carbon monoxide detection sensor to monitor a conveyor belt tailpiece and drive when they are located adjacent to each other. This arrangement of using only one sensor at the belt tailpiece and drive would prevent the carbon monoxide system from identifying a fire within each conveyor belt flight as is required by the standard. However, the Petitioner requested the petition for the wrong standard. The petition for modification should have been submitted for 30 CFR 75.1103-4(a). Upon notification of this error, the Petitioner decided to withdraw this petition for modification, docket M-96-46-C, and resubmit a new request.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Left Fork Mining, Incorporated's Petition for Modification of 30 CFR 75.370(a)(1) to its Straight Creek No. 1 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 |
