In the matter of Petition for Modification
Energy West Mining Company
Trail Mountain Mine
I.D. No. 42-01211 Docket No. M-98-020-C.
DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT
TO July 16, 1998, PROPOSED DECISION AND ORDER
By Petition for Modification filed on February 19, 1998, Petitioner requested modification of the application of 30 CFR 75.352. On July 16, 1998, MSHA issued a Proposed Decision and Order granting Energy West Mining Company's petition to modify 30 CFR 75.352 at its Trail Mountain Mine.
On July 20, 1998, MSHA received, pursuant to 30 CFR 44.16(k), an Application for Relief to Give Effect to the Proposed Decision and Order of July 16, 1998. In its application for relief, Petitioner represented that application of the standard creates a diminution of safety to the miners at the mine and to the best of its knowledge and belief, no party is expected to contest the granting of the modification.
Further, Petitioner represented that the use of belt air is essential to provide adequate ventilation for the longwall panel in the two-entry mining system. Delaying the effective date of the Proposed Decision and Order for the normal 30 day period, Petitioner asserts, would cause an unnecessary disruption of mining activities and significant economic loss.
On July 28, 1998, MSHA received notification from the United Mine Workers of America indicating that it would not contest the granting of the Petition for Modification of 30 CFR 75.352.
Based on consideration of the foregoing, it is determined that delaying the effective date of the July 16, 1998, Proposed Decision and Order would unnecessarily disrupt mining and create a potential hazard to the miners. Therefore, Petitioner's application for relief to give effect to the July 16, 1998, Proposed Decision and Order is hereby GRANTED.
This decision will take effect on the seventh day following the date of issuance of this decision. Should any party file a request for a hearing under 30 CFR 44.14 on the July 16, 1998, Proposed Decision and Order prior to the seventh day following the granting of this relief, the relief will not become effective. Should any party file a request for a hearing after relief becomes effective, the relief will expire immediately.
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health