In the matter of Petition for Modification
Drummond Company, Inc.
Shoal Creek Mine
I.D. No. 01-02901 Docket No. M-2002-031-C
30 CFR 75.902
PROPOSED ORDER OF DISMISSAL
On March 20, 2002, Drummond Company, 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 of30 CFR 75.902, a mandatory safety standard. On that same date, Drummond also filed a request to modify 30 CFR 75.900 at the Shoal Creek Mine, located in Jefferson County, Alabama. The requested modification of 30 CFR 75.900 (Docket No M-2002-035-C) was granted and finalized on September 5, 2002.
In a Program Information Bulletin (PIB No. 91-21, Issued September 19,1991), MSHA notified the mining community that circuit interrupting devices accepted in petitions for modification of 30 CFR 75.800 and 75.900 are also accepted as the circuit breakers specified in 30 CFR 75.803 and 75.902. This is because modifications of 30 CFR 75.900 inherently allow the ground check monitoring system addressed by 75.902 to trip the vacuum switch/vacuum contactor/starter rather than a conventional breaker.
Therefore, the petition is not needed and pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Drummond Company, Inc.'s Petition for Modification of 30 CFR 75.902 to its Shoal Creek 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.
Erik H. Sherer
Acting Chief, Division of Safety
Coal Mine Safety and Health