Petition - Docket No. M-98-006-C

In the matter of
Arclar Company
Big Ridge Mine
I.D. No. 11-02879
Docket No. M-98-006-C


On January 14, 1998, Arclar Company filed a petition pursuant to 1010(c) of the Federal Mine Safety and  Health act of 1997 (Mine Act), 30 U.S.C sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.364, a mandatory safety standard.

In a letter dated  March 18, 1998, Arclar Company informed MSHA that the petition air course was then in a worked out area from which the minable reseves had been exhausted and the petition was no longer requested or needed. MSHA District personnel confirmed that the Petitioner's alleged diminution of safety for mine examiners to travel the return aircourse no longer existed because the area was no longer subject to weekly examinations.

Therefore, pursuant to the authority delegated by tho Secretary of Labor to the Administrator for Coal Mine Safety and Health,Arclar Company Petition for Modification of 30 CFR. 75.364 to its Big Ridge Mine 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

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.


Allyn Davis

Chief, Division of Safety Coal Mine Safety and Health