In the matter of Petition for Modification
Canyon Fuel Company, LLC
Skyline Mine No. 3
I.D. No. 42-01566 Docket No. M-97-093-C
PROPOSED ORDER OF DISMISSAL
On August 5, 1997, Canyon Fuel Company, LLC, 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(b)(4), a mandatory safety standard.
The Petitioner proposed an alternative method of evaluating the condition of the 4-Right mine seals which were alleged to be no longer safely accessible for the required weekly examinations. MSHA’s investigation confirmed that the area in the vicinity of the seals was unsafe for mine examiners to travel and, in conjunction with mine operator, developed a plan to install additional mine seals in the 1-Main West and 2-Right areas which would enclose the inaccessible area of the 4-Right seals. That plan was submitted to the District Manager and approved November 5, 1997. The construction of the 1-Main West and 2-Right Seals was completed December 7, 1997. As a result, the petitioned 4-Right seals are within an a larger sealed area and are no longer subject to weekly examination under the standard. Therefore, the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Canyon Fuel Company, LLC’s Petition for Modification of 30 CFR 75.364(b)(4) to its Skyline 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.
_________________________________________
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health