Petition for Modification
In the matter of
Consolidation Coal Company
Robinson Run No. 95
I.D. No. 46-01318
Docket No.
M-2002-097-C
30 CFR 75.364(b)(2)
PROPOSED ORDER
OF DISMISSAL
On October 21, 2002, 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 75.364(b)(2), a mandatory
safety standard.
On December 17, 2002, Consolidation Coal
Company notified MSHA that the request for modification was withdrawn. MSHA inspection personnel were contacted and
verified that the unsafe-to-travel segment of the mine's return aircourse, had
be made common with an adjacent entry eliminating the need to travel through
the hazard area and that an approved ventilation change had eliminated the
petitioned aircourse. The ventilation
change also redirected the return air flow, used in ventilating the Main East
mine seals, into Main North effectively eliminated the need for a modification
of 30 CFR 75.364(b)(2).
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
75.364(b)(2) to its Robinson Run No. 95 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.
_________________________________
Hubert E. Sherer
Acting
Chief, Division of Safety
Coal Mine Safety and
Health
