Petition for Modification
In the matter of
Consolidation Coal
Company
Buchanan No. 1 Mine
I.D. No.
44-04856
Docket No.
M-2001-069-C
30 CFR 75.1002
PROPOSED
ORDER OF DISMISSAL
On June 19, 2001,
Consolidation Coal Company, 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 of30 CFR
75.1002, to it's Buchanan No. 1 Mine, located in Buchanan County, Virginia.
MSHA personnel
conducted an investigation of the petition and filed a report of their findings
and recommendations with the Administrator for Coal Mine Safety and
Health. In the mean time, on March 11,
2002, the Mine Safety and Health Administration (MSHA) published a final rule
to allow the use of high-voltage longwall equipment. The regulation became effective on May 10, 2002. The final rule establishes MSHA's new
mandatory safety standards for installation, use, and maintenance of
high-voltage longwall mining systems used in underground coal mines. The final rule also includes design approval
requirements for high-voltage equipment operated in longwall face areas of
underground mines. Provisions of the
new rule eliminate the need for petitions for modification of 30 CFR 75.1002,
and will supersede petitions already granted to modify this standard.
Therefore, pursuant
to the authority delegated by the Secretary of Labor to the Administrator for
Coal Mine Safety and Health, Consolidation Coal Company's petition for
modification of 30 CFR 75.1002 to its Buchanan No. 1 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, 1100
Wilson Boulevard, Arlington, Virginia 22209-3939.
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 hearingsite. If no request for a hearing is filed within
30 days afterservice thereof, the
Order of Dismissal will become final.
________________________________
Erik H. Sherer
Acting Chief, Division of Safety
Coal Mine Safety and Health
