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Petition for Modification

January 17, 2002

In the matter of
ASARCO, Inc.
Coy Mine
ID No. 40-00166
Docket No. M-2000-010-M
30 CFR §57.11055

PROPOSED ORDER OF DISMISSAL

On December 19, 2000, ASARCO, Inc. (ASARCO), 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 modification of the application of mandatory safety standard 30 CFR §57.11055,(inclined escapeways) at its Coy Mine. The petitioner proposed as an alternative method which would allow the use of the 337-ft. ladder (ladderway) in the Coy shaft as an emergency escapeway when the mechanical hoist in the Coy shaft is out of service. The petitioner also asserted that compliance with the mandatory standard would be a diminution of safety to the miners.

On May 10, 2001, the Administrator issued a Proposed Decision and Order (PDO), denying ASARCO's petition for modification. On June 13, 2001, the petitioner filed a request for a hearing pursuant to 30 CFR §44.14(c), appealing the Administrator's decision to the Department of Labor's Office of Administrative Law Judges. Prior to the scheduled hearing, the Administrator determined that he would grant ASARCO an approval of the petition for modification with conditions during unplanned outages. On August 7, 2001, ASARCO and the Administrator filed a joint motion with the presiding Administrative Law Judge to remand the petition back to the Administrator for his reconsideration. That motion was granted on August 30, 2001. On October 24, 2001, the Administrator issued a new Proposed Decision and Order, granting ASARCO's petition with terms and conditions during unplanned hoist outages and denying relief during planned hoist outages. This would allow the Coy shaft ladderway to be designated as an escapeway only when the Coy shaft hoist was out of service for unplanned reasons.

On November 20, 2001, ASARCO filed a motion to withdraw its petition for modification. Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health, ASARCO's Petition for Modification of 30 CFR §57.11055, at its Coy Mine is DISMISSED without prejudice.

/s/ Earnest C. Teaster, Jr.


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Earnest C. Teaster, Jr.
Administrator for
Metal and Nonmetal Mine Safety and Health