On May 28, 1996, Cyprus Cumberland Resources Corporation (the petitioner) filed a petition seeking modification of the application of 30 CFR 75.351(b)(2)(i) to its Cumberland Mine in Kirby, Green County, Pennsylvania. The Petitioner alleged that compliance with the standard would result in a diminution of safety to the miners and the proposed alternative method would at all times provide the same measure of protection as the standard. Petitioner sought, as an alternate method, location of the Atmospheric Monitoring System (AMS) sensor unit within the shield line of the longwall mining section in lieu of its monitoring the return entry at a location opposite the section loading point. In addition, the Petitioner proposed to use the down wind/return side methane monitor required by 30 CFR 75.342 in lieu of the AMS return entry sensor and relocating the monitor sensor to within the last five shields at the tailgate end of the longwall face. The petition required reinvestigation on several occasions to address clarifying information provided by the petitioner.
On March 29, 1999, a meeting was held at the Cumberland Mine, at which the March 11, 1999, Petitioner's amended alternative method was discussed. MSHA District personnel, UMWA Safety Committeemen and the mine operator's representatives reviewed the amended proposed alternative method and the investigation report findings. All parties were informed MSHA's investigations: did not find that compliance with the standard would result in a diminution of safety to miners, that the proposed use of the down wind methane monitor could not be used in lieu of the required return entry AMS sensor, that the proposed location of the down wind sensor on the gob plate of the tailgate conveyor drive gear box was not acceptable as a location representative of the return entry air flow, and that any methane sensor or monitor place on the longwall face must provide a warning signal at 1% methane and withdraw of power from the electric face equipment is required at 1.5%.
On April 5, 1999, the petitioner submitted a request to withdraw the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Cyprus Cumberland Resources Corporation's Petition for Modification of 30 CFR 75.351 to its Cumberland 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.
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Allyn Davis
Chief, Division of Safety
for Coal Mine Safety and Health
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