In the matter of Petition for Modification
Monterey Coal Company
No. 1 Mine
I.D. No. 11-00726 Docket No. M-1999-127-C
Through M-1999-133-C
PROPOSED ORDER OF DISMISSAL
On November 24, 1999, Monterey Coal Company 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, 75.1907, 75.1909, 75.1910 and 75.1911 a mandatory safety standard.
Many operators were experiencing similar problems in obtaining the necessary equipment and modifications in order to comply with the new diesel standards which became effective November 25, 1999. MSHA issued two Program Information Bulletins dated September 20 and October 28, 1999. These bulletins provide relief you seek in these petitions. From November 25 1999, until May 25, 2000, MSHA will not issue citations for failing to comply with the referenced sections of the diesel regulations if you provide the necessary information to evidence a good faith effort to comply as described in the bulletins. As a result the requested modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Monterey Coal Company's Petition for Modification of 30 CFR 75.1907 to its No. 1 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.
John F. Langton
Acting Chief, Division of Safety
Coal Mine Safety and Health