In the matter of Petition for Modification
Perry County Coal Corporation
HZ4-1 Mine
I.D. No. 15-02085 Docket No. M-2002-004-C
30 CFR 75.364(b)(2)
PROPOSED ORDER OF DISMISSAL
On January 14, 2002, Perry County Coal Corporation 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 75.364(b)(2), a mandatory safety standard.
The petition was investigated by MSHA district personnel and a report filed dated March 26, 2002. Neither the petition nor the investigation report noted that the petitioned area had already been address by a granted modification. However, before a Proposed Decision and Order (PDO) for Docket No. M-2002-004-C could be issued the petitioner made additional ventilation changes which rendered the proposed method of evaluation invalid. Those changes were submitted and approved as changes to the mine ventilation plan by the MSHA District Manager in conformance with 30 CFR 75.370. Subsequently, another petition for modification was filed and assigned Docket No. M-2002-053-C to address the approved ventilation of the petitioned area. The District's October 30, 2002, supplemental investigation report for Docket No. M-2002-053-C, documented the ventilation changes and recommended that this petition (Docket No. M-2002-004-C) be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Perry County Coal Corporation's Petition (Docket No. M-2002-004-C) for Modification of 30 CFR 75.364(b)(2) to its HZ4-1 Mine is not needed and is hereby 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.
Terry L. Bentley
Acting Chief, Division of Safety
Coal Mine Safety and Health