Petition for Modification
In the matter of
American Energy Corporation
Century Mine
I.D. No. 33-01070
Docket No. M-2001-033-C
30 CFR 75.350
DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT
TO July 11, 2001, PROPOSED DECISION AND ORDER
By Petition for Modification filed on March 16, 2001, Petitioner requested modification of the application of 30 CFR 75.350. On July 11, 2001, MSHA issued a Proposed Decision and Order granting American Energy Corporation's petition to modify 30 CFR 75.350 at its Century Mine.
On July 11, 2001, MSHA received, pursuant to 30 CFR 44.16(k) a request for an Application for Relief to Give Effect to the modification of 30 CFR 75.350 which had been issued as a
Proposed Decision and Order on July 11, 2001. In its application for relief, Petitioner represented that exceptional circumstances exist, that an unnecessary disruption and significant economic loss would occur and to the best of its knowledge and belief, no party is expected to contest the granting of the modification.
The Application for Relief to Give Effect states that the mine is presently working with a temporary electrical substation and temporary main mine fan. The necessity of diverting fan capacity to ventilate the belt conveyor entry outby and off the section or directly to the return is significantly reducing the capacity available to ventilate working faces. Therefore, there is a need to implement the granted modification as early as possible. The mine is a non-union operation and there are no designated miner's representative. However, the miners are aware of the petition which has been posted at the mine and none has objected to its implementation.
Based on consideration of the foregoing, it is determined that delaying the effective date of the July 11, 2001, Proposed Decision and Order would unnecessarily disrupt mining and cause dislocation of the workforce. Therefore, Petitioner's application for relief to give effect to the July 11, 2001, Proposed Decision and Order is hereby GRANTED.
This decision will take effect on the seventh day following the date of issuance of this decision.
Should any party file a request for a hearing under 30 CFR 44.14 on the July 11, 2001, Proposed Decision and Order prior to the seventh day following the granting of this relief, the relief will not become effective.
Should any party file a request for a hearing after relief becomes effective, the relief will expire immediately.
____________________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health