On October 24, 1996, U.S. Steel Mining 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 44.10
et seq., for the modification of the application of 30 CFR 77.201, a mandatory safety standard. An alternative method was proposed to replace the safety standard.
Information obtained by MSHA during an inspection confirmed that on October 16, 1996, petitioner requested an interpretation of the subject section of the Code of Federal Regulations from the Safety Division. Their question was whether or not the cited section was applicable to the proposed Granular Coal Injection (GCI) system. An October 18, 1996, reply indicated that 30 CFR 77.201 would not apply to the subject system. Based on the results of the opinion of the Office of the Solicitor, it was determined that the petition for modification for the standard was not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, U.S. Steel Mining Company’s Petition for Modification of 30 CFR 77.201 to its Concord Preparation Plant 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 53430, December 28, 1990), 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 the 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 Peti-tioner 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
Coal Mine Safety and Health
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