April 22, 1999
In the matterof
Morton Interational, Inc.and Inc.
Petition for Modification
Docbt No. M-97-09-M
AMENDED PROPOSED ORDER OF DISMISSAL
On September 24, 1991, Morton International, Inc.(Morton) the owner/operator and Miners Inc.(Miners) an independent contractor, filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act),30 U.S.C. Sec.811(c), and 30 CFR.Part 44 et seq., for the modification of the application of mandatory safety stanndard 30 CFR.§57.11050(a), at Morton's Markel Mine. Morton Salt and Miners asked that they be allowed to maintain a six (6) foot wide secondary escapeway in the center of the mine's Diamond Drift in lieu of maintaining the total entry width of 18 'to 20' in the second escapeway.
On February 5, 1999, the Administrator for Metal and Nonmetal Mine Safety and Health issued a Proposed Order of Dismissal, dismissing the Petition for Modiification No. M-97-09-M, based upon information provided by the MSHA's South Central District Office that the mine had been permanently closed and the work by Miners Inc, was completed. After the proposed Order of Dismissal was issued, addtional information was provided to the Administrator, that the mine was still open with a different contractor performing work. The mine is being prepared for permanent abandonment. Also it has abeen determined by the Administrator, that the Petitioner has been in comliance with 30 CFR § 57.11050(a), and maintaining the 6-foot wide secondary escapeway proposed in the Petition for Modification is not in violation of the mandatory standard. Therefore, this Amended Proposed Decision and Order of Dismissal is being issued by the Administrator to change the reason for dismissing the petition for modification.