Petition - Docket No. M-98-024-C

In the matter of
Mountaineer Mining Management, Inc.
No. 3 Mine
I.D. No. 46-08639
Petition for Modification
Docket No. M-98-024-C


On February 13,1998, Mountaineer Mining Management, Inc. 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, a mandatory safety standard.

The petitioner proposed the installation of an atmospheric monitoring system in lieu of constructing seals to separate the active working of their No. 3 mine where three entries had intersected and driven through five entries of an abandoned mine. MSHA records document the mine entered a non-producing status January 26, 1998, and after repeated attempts to contact the mine operator a report of the inability to investigate the petition was filed June 16, 1998.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Mountaineer Mining Management, Inc.’s Petition for Modification of 30 CFR 75.364 to its No. 3 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.



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