In the matter of Petition for Modification
Energy West Mining Company
Trail Mountain Mine
I.D. No. 42-01211 Docket No. M-98-020-C.
PROPOSED DECISION AND ORDER
On February 19, 1998, an amendment was filed by Energy West Mining Company to modify its previously issued Petition for Modification (Docket No. M-94-167-C) seeking a modification of 30 CFR 75.352 to Petitioner's Trail Mountain Mine, located in Emery County, Utah. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued and shall supersede Docket No.M-94-167-M issued on April 7, 1995.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.352 to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
On the basis of the petition and the findings of MSHA's investigation, Energy West Mining Company is granted a modification of the application of 30 CFR 75.352 to its Trail Mountain 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 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Energy West Mining Company's Petition for Modification of the application of 30 CFR 75.352 in the Trail Mountain Mine is hereby:
GRANTED, for the use of the conveyor belt in a return aircourse during development of a two-entry mining system, conditioned upon compliance with the following:
The terms and conditions specified in the Proposed Decision and Order granting the modification of 30 CFR 75.350, Docket No. M-98-19-C, must be followed.
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 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health