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Petition - Docket No. 1997-013-M

June 19, 2007

 

In the matter of             Petition for Modification

FMC Corportation

FMC @ Granger Mine

ID No. 48-00639            Docket No. M-97-013-M

 

PROPOSED DECISION AND ORDER TO REVOKE

 

On August 18,1998, FMC Corporation formerly (TG Soda Ash, Inc.) was granted a variance of Title 30 Code of Federal Regulations (30 CFR) § 57.22305 pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, based upon an alternative method of compliance. The variance allowed the operation of a submersible mine pump in a flooded area of the underground mine.

 

FINDINGS OF FACT AND CONCLUSIONS OF LAW

 

Mine Safety and Health Administration (MSHA) Rocky Mountain District personnel have determined that the mining conditions have changed in that the mine was permanently closed on June 7, 2007. The modification of 30 CFR § 57.22305, therefore, is no longer necessary.

 

ORDER

 

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that FMC Corporation’s modification of 30 CFR § 57.22305 as it pertains to the FMC @ Granger Mine, is hereby:

 

REVOKED.

 

 

/s/ Felix A. Quintana

 

Felix A. Quintana

Administrator for

Metal and Nonmetal Mine Safety and Health