In the matter of Petition for Modification
Peabody Coal Company
Marissa Mine
I.D. No. 11-02440 Docket No. M-97-033-C
Date Issued: 09/18/1997
DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT
TO AUGUST 19, 1997, PROPOSED DECISION AND ORDER
By Petition for Modification filed on March 4, 1997, Petitioner requested modification of the application of 30 CFR 75.1002. On August 19, 1997, MSHA issued a Proposed Decision and Order granting Peabody Coal Company’s petition to modify 30 CFR 75.1002 at its Marissa Mine.
On September 3, 1997, MSHA received, pursuant to 30 CFR 44.16(k) an Application for Relief to Give Effect to the modification of 30 CFR 75.1002 which was issued as a Proposed Decision and Order on August 19, 1997. In its application for relief, Petitioner represented that to the best of its knowledge and belief, no party is expected to contest the granting of the modification.
On September 3, 1997, MSHA received a letter from the United Mine Workers of America indicating that it would not contest the granting of the Petition for Modification of 30 CFR 75.1002.
Based on consideration of the foregoing, it is determined that delaying the effective date of the August 19, 1997, Proposed Decision and Order is unnecessary. Therefore, Petitioner's application for relief to give effect to the August 19, 1997, Proposed Decision and Order is hereby:
GRANTED.
This decision will take effect on the seventh day following the date of issuance of this decision.
Should any party file a request for a hearing under 30 CFR 44.14 on the August 19, 1997, Proposed Decision and Order prior to the seventh day following the granting this relief, the relief will not become effective. Should any party file a request for a hearing after relief becomes effective, the relief will expire immediately.
Marvin W. Nichols, Jr.
Administrator
for Coal Mine Safety and Health