In the matter of Petition for Modification
Drummond Company, Inc.
Shoal Creek Mine
I.D. No. 01-02901 Docket No. M-2002-035-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 of 30 CFR 75.902, a mandatory safety standard. On that same date, Petitioner also filed a request to modify 30 CFR 75.900 at the Shoal Creek Mine, located in Jefferson County, Alabama.
The granting of the requested modification of 30 CFR 75.900 (Docket No M-2002-035-C) eliminates any need for a modification of 75.902. The Agency's has publically held that a modification of 30 CFR 75.900 inherently allow the ground check monitoring system addressed by 75.902 to trip the vacuum switch/vacuum contactors/starter rather than a conventional breaker and published that information in a Program Information Bulletin (PIB No. P91-21, issued September 19, 1991).
Therefore, 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.
Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health