Petition for Modification
In the matter of
Jim Walter Resources, Inc.
No. 3 Mine
I.D. No. 01-00758
Docket Nos.
M-1993-209-C
M-1997-136-C
30 CFR 75.1002
PROPOSED DECISION AND ORDER TO REVOKE
Pursuant to Proposed Decisions and Orders (PDOs) issued December 16, 1993, and finalized January 15, 1994, (Docket No. M-1993-209-C) and issued April 20, 1999, and finalized May 20, 1999, (Docket No. M-1997-136- C), Jim Walter Resources, lnc.'s Nos. 3 and 4 Mines were granted modifications of the application of 30 CFR 75.1002. The modifications were to allow the use of high voltage longwall mining equipment. The PDQ for Docket No. M-1997-136-C included specific language directing that the modification granted under M-1993- 209-C was superceded at both mines when the more recent PDQ became final. However, MSHA and company records failed to reflect the changed status of the older modification.
On November 2, 2000, MSHA inspection personnel notified the Administrator for Coal Mine Safety and Health that the underground workings of the Jim Walter Resources, Inc., No. 3 Mine were permanently abandoned and the mine shafts have been filled (surface opening sealed).
Finding of Fact and Conclusion of Law
MSHA District personnel determined that mining conditions have changed and that the modification is no longer necessary because the underground workings of the No. 3 Mine have been permanently abandoned and sealed. Therefore, modifications of 30 CFR 75.1002 are no longer needed at the No. 3 Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101l(c) of the Federal Mine Safety Health Act of 1977, 30 U.S.C. 8ll(c), it is ordered that Jim Walter Resources, Inc.'s petitions for modifications of 30 CFR 75.1002 as they apply to the No. 3 Mine, the modifications are hereby:
REVOKED.
as they apply to the No. 4 Mine, the modifications are: Docket No. M-1993-209-C is superceded by
Docket No. M-1997-136-C; and,
Docket No. M-1997-136-C remains in effect.
Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order. Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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 the 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 to Revoke will become final.
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John M. Pyles
Acting Chief, Division of Safety
Coal Mine Safety and Health