In the matter of
National King Coal. LLC
King Coal Mine
I.D.No.0500266
Petition for Modification
Docket No. M-95-137-C
Date Issued: 01/10/1997
PROPOSED ORDER OF DISMISSAL
By petition for modification filed on Septemer 11,1995, Petitioner requested modification of the application of 30 CFR.75.380(d)(4)(ii) to King Coal Mine.
The operator requested a petition for modification to permit alternative escapeway width of 40 inches through an 80 inch diameter metal culvert for a distance of about 20 feet. The width was reduced due to a row of supplemental roof support down the center line of the culvert. The safety standards for underground coal mine ventilation were revised and published on March 11,1996 (61 FR 9764).The revised ventilation regulation became effective on June 10, 1996. Added to the revised ventilation regulation was 30 CFR 75.380(d)(4)(iii) , which permits a width of less than 48 inches in the alternative escapeway provided a stretcher test where 4 persons carry a miner through the area in question is performed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Healt, National KingCoal, LLC's Petition for Modifimion of 30 CFR 75.380(d)(4)(h) to its King Coal Mine is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
Ifa 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.
Robm A.Elam
Deputy Administrator for Coal Mine Safety and Health