In the matter of Petition for Modification
Consolidation Coal Company
Buchanan No. 1 Mine
I.D. No. 44-04856 Docket No. M-2001-069-C
30 CFR 75.1002
PROPOSED ORDER OF DISMISSAL
On June 19, 2001, Consolidation 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 of30 CFR 75.1002, to its Buchanan No. 1 Mine, located in Buchanan County, Virginia.
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. In the meantime, on March 11, 2002, the Mine Safety and Health Administration (MSHA) published a final rule to allow the use of high-voltage longwall equipment. The regulation became effective on May 10, 2002. The final rule establishes MSHA's new mandatory safety standards for installation, use, and maintenance of high-voltage longwall mining systems used in underground coal mines. The final rule also includes design approval requirements for high-voltage equipment operated in longwall face areas of underground mines. Provisions of the new rule eliminate the need for petitions for modification of 30 CFR 75.1002, and will supersede petitions already granted to modify this standard.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Consolidation Coal Company's petition for modification of 30 CFR 75.1002 to its Buchanan 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, 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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Erik H. Sherer
Acting Chief, Division of Safety
Coal Mine Safety and Health