Petition - Docket No. M-97-026-C

In the matter of
Kiah Creek Mining Company No. 14 Mine
l.D. No. 15-16501
Petition for Modification
Docket No. M-97-026-C

Date Issued: 0911211997


On February 28, 1997, Kiah Creek Mining Company filed a petition pursuant to lOl(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)(4), a mandatory safety standard.

On March 25, 1997, the Petitioner notified the Mine Safety and Health District Manager that the request to modify the standard was withdrawn. On March 26, 1997, the District Manager submitted a memorandum informing the Coal Mine Safety and Health, Safety Division that the petition had been withdrawn and that investigation of the petition had been suspended. Further information from the district was requested and the diminution of safety alleged to have existed at the petitioned seal hadbeen eliminated by enclosing the roof fall area within additional seals such that all seals required to be examined under the standard were accessible and being examined. This information confirmed that the petition is no longer needed due to the changed conditions in the mine bringing the mine operator into compliance with the standard.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Kiah Creek Mining Company's Petition for Modification of 30 CFR 75.364(b)(4) to its Mine No. 14 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.


Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health