5 May 1997
In the matter of
Tintic Utah Metals LLC
Burgin Mine
l.D. No. 42-00148
Petition for Modification
Docket No. M-96-03-M
BACKGROUND
On September 17, 1996, Tintic Utah Metals LLC, requested a petition for modification of the application of 30 CFR § 57.19054 to its Burgin Mine (1.D. No. 42-00148) located in Utah County, Utah.
Standard 57.19054 Rope Guides, provides:
Where rope guides are used in shafts other than in shaft sinking operations, the rope guides shall be a type of lock coil construction.
On November 6, 1996, notice of the Petition for Modification was published in the Federal Register. The subject guide ropes were installed on an emergency hoist that serviced a lower level of the mine which was undergoing diamond drilling associated with exploration and development. On January 2, 1997 during a regular inspection and concurrent investigation pertaining to the petition, one of the guide ropes failed at the lower 1050 level. The conveyance was subsequently locked out as inoperative. On April 24, 1997, petitioner submitted correspondence to the Administrator for Metal and Nonmetal requesting that the petition for modification be withdrawn. The mine does have an operative shaft conveyance and a refuge chamber that fulfills the compliance standards for an underground mine involved in exploration and development. Prior to production a second shaft is planned to fulfill compliance regulations associated with a producing mine.
ORDER
Wherefore, pursuant to the authority delegated-by the Secretary of Labor to the Administrator for Metal and Nonmetal under Section lOlc of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. section 811(c), Tintic Utah Metals LLC, request for a Petition for Modification of 30 CFR § 57.19054 applicable to its Burgin Mine is hereby ordered DISMISSED without prejudice.
Unless a request for a hearing of this Proposed Decision and Order is filed with the Administrator for Metal and Nonmetal Mine Safety and Health within 30 days after service, the Proposed Decision and order will become final pursuant to 30 CFR § 44.13.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR § 44.14, with the Administrator for Metal and Nonmetal, 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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. Any party to this action requesting a hearing may indicate a desired hearing site. If a request for a hearing is not filed within 30 days of service thereof, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Vernon R. Gomez
Administrator for Metal and Nonmetal