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Petition - Docket No. M-96-201-C

In the matter of
Golden Oak Mining Company, L.P. Tango Mine
ID No. 15-13294
Golden Oak 3-A Mine ID No. 15-02046
Golden Oak #3 Mine ID No. 15-17372
Black Oak #10 Mine ID No. 15-17592
Docket No.M-96-201-C
30 CFR 75.362(d)(2)

PROPOSED DECISION AND ORDER

On December 6, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.362(d)(2) to Petitioner's aforementioned mines located in Kentucky. Subsequently, by letter dated January 27, 1997, the Black Oak #10 mine was withdrawn from the petition. The Tango, Golden Oak 3-A, and Golden Oak #3 Mines have closed and were placed in permanently abandoned status on January 21, 1998, July 21, 1997, and October 9, 1997, respectively.

The Petitioner alleged that application of this standard would result in a diminution of safety to the miners and that the alternative method proposed in the petition would at all times guarantee no less than the same measure of protection afforded by the standard. Section 75.362(d)(2) was published as a final rule on March 11, 1996 and became effective on June 10, 1996. The validity of the standard was upheld by the U.S. Circuit Court for the District of Columbia, National Mining Association. et. al. v. Secretary of Labor. et. al.. D.C. Cir.No. 92-1288.

Disposition of petitions of this standard has been delayed by the Agency for further review.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Golden Oak Mining Company, L.P.'s Petition for Modification of 30 CFR 75.362(d)(2) to its Tango, Golden Oak 3-A, Golden Oak #3, and Black Oak #10 Mines is

Dismissed.

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 indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.

 

Terry L. Bentley
Acting Chief, Division of Safety Coal Mine Safety and Health