Petition for Modification
In the matter of
Greer Industries, Inc.
Deckers Creek Limestone Company Mine
l.D. No. 46-0029
Greer Mine & Mill of Greer Limestone Company
Mine l.D. No. 46-00016
Docket No. M-2000-004-M
30 CFR 48
Date Issued: December 11, 2002
PROPOSED ORDER OF DISMISSAL
On April 7, 2000, Greer Industries, Inc. 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 seg., for the modification of the application of the mandatory training requirements of 30 CFR 48.
Under Section 101(c) of the Mine Act the application of a mandatory safety standard may be modified if the Secretary determines that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. The Mine Act, however, does not provide authority to modify the application of mandatory training requirements under Section 115 and the regulations issued thereunder.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health, Greer Industries, Inc.'s Petition for Modification of 30 CFR 48 to its Deckers Creek Limestone Company and Greer Mine & Mill of Greer Limestone Company is DISMISSED.
/s/ Robert M. Friend
Robert M. Friend
Administrator foR Metal and Nonmetal Mine Safety and Health