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Petition - Docket No. M-96-150-C

In the matter of
Eight-Four Mining Company
Mine 84
I.D. No. 36-00958
Docket No. M-96-150-C

Date Issued: 04/12/1997

PROPOSED ORDER OF DISMISSAL

On November 5, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.512 to Petitioner's Mine 84, located in Washington County, Pennsylvania. The Petitioner alleges that application of the proposed alternative method will at all times provide the same measure of protection as the standard.

As alleged by petitioner, where submersible pumps must be maintained underwater, making 75.512 examinations is not feasible or practical. The examination requirements for the submersible pump installations in the Mine 84 are covered by petition Docket No.  M-96-149-C which requires the electrical equipment and circuits to be examined and tested in accordance with the requirements of 30 CFR 77.502 for surface installations since the wiring, submersible pump and pump motor are installed in areas of the mine that can not be readily examined on a weekly basis.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Eight-Four Mining Company's Petition for Modification of 30 CFR 75.512 to its Mine 84 is dismissed.

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 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 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.