In the matter of Petition for Modification
Maple Creek Mining Inc.
High Quality Mine
I.D. No. 36-08375 Docket No. M-2001-088-C
30 CFR 75.1002
PROPOSED ORDER OF DISMISSAL
On August 29, 2001, Maple Creek Mining, Inc. 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 75.1002, a mandatory safety standard. That modification was to allow the use of high voltage power cables for the face conveyor and shearer motors of a 4, 160 volt longwall mining system.
Subsequent to this filing, MSHA promulgated changes to the mandatory safety standards governing the use of high-voltage longwall equipment on March 11, 2002. This new regulation eliminated the need for petitions for modification of 30 CFR 75.1002 as it applies to high-voltage longwall mining equipment and was effective May 10, 2002.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Maple Creek Mining Inc.'s Petition for Modification of 30 CFR 75.1002 to its High Quality 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.
_________________________________________
Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health