In the matter of White Oak Mining &
Construction Company, Inc. White Oak No. 2 Mine
I.D. No. 42-01280
Petition for Modification
Docket No. M-95-179-C
Date Issued: 01/11/1997
PROPOSED ORDER OF DISMISSAL
On December 12, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's White Oak No. 2 Mine, located in Carbon County, Utah. On January 12, 1996, an amendment to the petition was filed correcting an error in the original petition. On March 13, 1996, an addendum to the petition was filed indicating that another roof fall had occurred making access to examine additional seals hazardous. On April 9, 1996, another addendum to the petition was filed indicating further deterioration in 1st Main East had rendered unsafe the access for weekly examination of all the seals of the 2nd Right and 3rd Right and relocating the proposed evaluation point. The Petitioner alleged that the application of the standard would result in a diminution of safety to the 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.
On June 17, 1996, the petitioner requested withdrawal of the petition because mining in the NorthEast Return had been com pleted and the entire associated area including the 2nd and 3rd Right sealed sections are now within a larger sealed area. The seal locations are as shown on the petition map and identified as PROPOSED SEAL LOCATIONS MAY 1996. Therefore, since the inaccessible seals are within a larger sealed area, the 2nd Right and 3rd Right seals are no longer subject to weekly examinations under the standard and the petition is no longer needed.
Contact with MSHA's District Office confirmed that the 2nd Right and 3rd Right seals, the affected areas of this petition, are now within a larger sealed area and new seals are accessible for weekly examination as required by CFR 75.364(b)(4).
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that White Oak Mining & Construction Company, Inc.'s Petition for Modification of the application of 30 CFR 75.364 (b)(4) in the White Oak No. 2 Mine is hereby dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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.
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