In the matter of
Cyprus Cumberland Resources Corp.
I.D. No. 36-05018
Docket No. M-96-061-C
PROPOSED ORDER OF DIMISSAL
On May 28, 1996 Cyprus Cumberland Resources Corporation (the petitioner) filed a petition seeking modification of the application of 30 CFR 75.351(b)(2)(i) to its Cumberland Mine in Kirby, Green County, Pennsylvania. The Petitioner alleged that compliance with the standard would result in a diminution of safety to the miners and the proposed alternative method would at all times proive the same measure of protection as the standard. Petitioner sought, as an alternate method, location of the Atmospheric Monitoring System (AMS) sensor unit within the sheild line of the longwall mining section in lieu of its monitoring the return entry at a location opposite the section loading point. In addition, the Petitioner proposed to use the down wind/return side methane monitor reuiqred by 30 CFR 75.342 in lieu of AMS return entry sensor and relocating the monitor sensor to within the last five shields at the tailgate end of the longwall face. The petition required reinvestigation on several occasions to address clarifying information provided by the petitioner.
On March 29, 1999, a meeting was held at the Cumberland Mine, at which the March 11, 1999, Petitioner's amended alternative method was discussed. MSHA District personnel, UMWA Safety Committemen and the mine opeatator's representatives reviewd the amended propsed alternative method and the investigation report findings. All parties were informed MSHA's investgations: did not find that compliance with he standard would result in diminution of safety to miners, that the proposed use of the down wind methane monitor could not be used in lieu of the required return entry AMS sensor, that the proposed location of the down wind sensor on the gob plate off the tailgate conveyor drive gear box was not acceptable as a location representative of the return entry air flow, and that any methane sensor or mointor place on the longwall face must provide a warning signal at 1% methane and withdraw of power from the electric face equipment is required at 1.5%.
On April 5, 1999, the petitioner submitted a request to withdraw the petition.