On December 17, 1996, Sargent Hollow Mining Corporation 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
et seq., for the modification of the application of 30 CFR 75.364(b)(2), a mandatory safety standard.
On February 18, 1997, MSHA’s petition investigators reported that a Revised Legal Identity Notice had been received informing MSHA of changes in the operating company’s name, mine name and corporate officers. Effective February 3, 1997, ANR Coal Company, LLC, became the operator of record for I.D. No 44-06795 under the name, Sargent Hollow Mine.
On June 24, 1997, Ms. Candace Morgan was contacted to determine if the new operating company wished to continue with the requested petition for modification. Ms. Morgan informed MSHA that the petitioned area had been made a common neutral (intake) entry with the belt entry and as a result the petition was no longer needed. ARN Coal Company submitted a letter July 2, 1997, requesting that the petition be withdrawn. In supplemental information received July 2, 1997, MSHA District personnel confirmed that the area no longer posed a hazard to mine examiners and that the petition was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, ANR Coal Company's Petition for Modification of 30 CFR 75.364(b)(2) to its Sargent Hollow 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
Coal Mine Safety and Health
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