Petition - Docket No. M-96-151-C

In the matter of
Costain Coal. Inc.
Wheatcroft Mine
I.D. No. 15-13920

Baker Mine
I.D. No. 15-14492

Docket No. M-96-151-C

Date Issued: 08/02/1997


By petition for modification filed on Novenber 4, 1996, Petitioner, Constain Coal, Inc., requested modification of the application of 30 CFR 75.312(d) to the Wheatcroft and Baker Mines.

The Petitioner requested a modification to permit the testing of their ventilation fans' automatic closing doors without completely stopping the fans and materially effecting ventilation. The Petitioner submitted an alternative method because they believed that the application of the standard would result in a diminution of safety to their miners. However, the Petitioner decided in a December 19, 1996, letter to withdraw the application for a petition of modification.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Costain Coal. Inc.'s Petition for Modification of 30 CFR 75.312(d)  to its Wheatcroft Mine is dismissed without prejudice.

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.


Robert A. Elam
Deputy Administrator for Coal Mine Safety and  Health