In the matter of Petition for Modification
Consolidation Coal Company
Robinson Run No. 95
I.D. No. 46-01318 Docket No. M-2002-097-C
30 CFR 75.364(b)(2)
PROPOSED ORDER OF DISMISSAL
On October 21, 2002, Consolidation 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 of30 CFR 75.364(b)(2), a mandatory safety standard.
On December 17, 2002, Consolidation Coal Company notified MSHA that the request for modification was withdrawn. MSHA inspection personnel were contacted and verified that the unsafe-to-travel segment of the mine's return aircourse, had be made common with an adjacent entry eliminating the need to travel through the hazard area and that an approved ventilation change had eliminated the petitioned aircourse. The ventilation change also redirected the return air flow, used in ventilating the Main East mine seals, into Main North effectively eliminated the need for a modification of 30 CFR 75.364(b)(2).
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Consolidation Coal Company's Petition for Modification of 30 CFR 75.364(b)(2) to its Robinson Run No. 95 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