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Petition - Docket No. M-97-017-C

In the matter of
Petition for Modification
Wilderness Mining Company
Alloy No. 1 Mine
I.D. No. 46-08007
Docket No. M-97-017-C

PROPOSED DECISION AND ORDER

On Feburary 10, 1997, a petition was filed seeking a modification of the application of 30 CFR 75-32(d)(2) to Petitioner's Aly No. 1 Mine located in West Virginia. The petitioner alleged that application of this standard would result in a diminution of safety to the  miners and that the altenrative 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.

Finding of Fact and Conclusiong of Law

The petitioned portion of the regulartion requires methane tests to be made at the face from under permanent roof support, using extendable probes or other acceptable means.

Production at the mine ceased on June 27, 1997. Since that time, the Petitioner has been in the process recovering equipment and material from  underground areas of the mine. This activity has been completed and the mine openings have been sealed and backfilled. Accordingly, the petition is unnecessary.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine and Safety Health Act of 1977, 30 U.S.C., sec. 811(c), it is orderd that Wilderness Mining Company's Petition for Modification of 30 CFR 75-32(d)(2) in the Alloy No. 1 Mine is hereby:

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 inthe 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.

Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health