In the matter of Petition for Modification
Mountain Side Coal Company
Mountain Side Mine
I.D. No. 36-09108 Docket No. M-2002-096-C
30 CFR 75.1202 & 75.1202-1(a)
PROPOSED ORDER OF DISMISSAL
On October 21, 2002, Mountain Side Coal Company 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 75.1202 & 75.1202-1(a) mandatory safety standard.
On January 31, 2003, MSHA inspection personnel reported that the petition could not be investigated because the mine operator had not contracted engineering/surveying services to conduct the mine mapping for which the requested modification is to apply. Furthermore, the investigators were given no indication as to when the mapping would be done or when the petition could be investigated. Consequently, it is not possible to determine if the alternative method proposed by the petitioner will at all times guarantee to same measure of protection afforded by the standard. The operator may petition for the requested modification when the map is available.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Mountain Side Coal Company's Petition for Modification of 30 CFR 30 CFR 75.1202 & 1202-1(a)to its Mountain Side 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.
Hubert E. Scherer
Acting Chief, Division of Safety
Coal Mine Safety and Health