In the matter of
Costain Coal Inc.
Wheatcroft Mine
I.D.No.15-13920
Petition for Modification
Docket No.M-95--093-C
Date Issued: 04/18/1997
PROPSED ORDER OF DISMISSAL
On July 7,1995, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Wheatcroft Mine, located in Webster County,Kentucky. The Petitioner alleges that application of the standard will rerult in a diminution of safety to miners and that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The Petitioner also requested "interim relief' from the standard. Contact wilh MSHA District personnel establiased that the petitioned area, the approaches to and vicinity of the No.10 Seals in Main North and 1st Panel North, were subject to an unterminated imminent danger order and that no persons were peimitted to enter the area. Therefore, the granting of temporary relief was not needed and an expidited investigation was conducted. The District also established that the area immediately after air passes the No. 10 Seals was also unsafe to travel and therefore, the petition must also address both 30 CFR 75.364(b)(4) ad 75.364(c)(3).
Following the investigation, the Petitioner requested amending the proposed alternative method necessitating additional investigation. From November 11 through November 19 and from December 16, 1995, through January 7, 1996, lack of funding for the Agency and furlough of MSHA personnel1further delayed the completion of an appropriate Proposed Decision and Order. In a letter dated December 26, 1995, the Petitioner informed MSHA that the petitioned aircourse would be within a sealed area by January 25, 1996. On Febrary 5, 1996, a memorandum by MSHA investigators confirmed the petitioned aircourse was in sealed area and the petition was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, it is ordered that Cotlain Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(4) in the Wheatcroft Mine is hereby dismissed without prejudice .
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 tor Coal Mine Safety and Health, 4015 Wilson Boulevard. Arlington, Virginia 22203.
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 iindicate 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.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health