In the matter of Petition for Modification
Highland Mining Company
Highland Mine
I.D. No. 15-02709 Docket No. M-2001-001-C
30 CFR 75.1905(a)
PROPOSED ORDER OF DISMISSAL
On January 17, 2001, Highland Mining 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 75.1905(a), a mandatory safety standard.
The requested modification would have allowed the pumping of diesel fuel, using a fuel metering system, from a surface storage tank, through a borehole fuel line, directly into the on-board fuel tanks of individual underground diesel power pieces of mining equipment. However, Petitioner had not completed a detailed design of the system so that an investigation could effectively determine whether the proposed alternative method provided at least the same measure of protection as the standard. MSHA investigators and commenters on the petition identified several design considerations not adequately addressed in the proposed alternative method.
Petitioner was advised that the level of information available did not allow the request to be evaluated.
On September 10, 2002, Highland Mining Company notified MSHA that it wished to withdraw the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Highland Mining Company's Petition for Modification of 30 CFR 75.1905(a) to its Highland 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
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Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health