Petition for Modification
In the matter of
Coastal Coal-West Virginia, LLC.
Mine No. 4A East
I.D. No. 46-07125
Docket No. M-2002-038-C
30 CFR 75.1002
DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT
TO May 22, 2002, PROPOSED DECISION AND ORDER
By Petition for Modification filed on April 3, 2002, Petitioner requested modification of the application of 30 CFR 75.1002. On May 22, 2002, MSHA issued a Proposed Decision and Order granting Coastal Coal- West Virginia, LLC., Company's petition to modify 30 CFR 75.1002 at its Mine No. 4A East.
On May 23, 2002, MSHA received, pursuant to 30 CFR 44.16(k), an Application for Relief to Give Effect to the Proposed Decision and Order of May 22, 2002. In its application for relief, Petitioner represented that application of the standard creates an extreme hardship on Coastal Coal-West Virginia Company and to the miners at the mine and to the best of its knowledge and belief, no party is expected to contest the granting of the modification.
Delaying the effective date of the Proposed Decision and Order for the normal 30 day period, Petitioner asserts, would cause an unnecessary disruption of mining activities and significant economic loss.
Based on consideration of the foregoing, it is determined that delaying the effective date of the May 22, 2002, Proposed Decision and Order would unnecessarily disrupt mining and create an extreme hardship on the mine operator and to the miners. Therefore, Petitioner's application for relief to give effect to the May 22, 2002, Proposed Decision and Order is hereby GRANTED.
This decision will take effect on the seventh day following the date of issuance of this decision. Should any party file a request for a hearing under 30 CFR 44.14 on the May 22, 2002, Proposed Decision and Order prior to the seventh day following the granting of this relief, the relief will not become effective. Should any party file a request for a hearing after relief becomes effective, the relief will expire immediately.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health