| In the matter of R. & D. Coal Company Buck Mountain Slope Mine I.D. No. 36-02053 | Petition for Modification Docket No. M-93-118-C |
Date Issued: 09/26/1997
PROPOSED ORDER OF DISMISSAL
On May 25, 1993, R. & D. Coal Company 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 44 et seq., for the modification of the application of 30 CFR 75.1002-1(a), a mandatory safety standard. At that time Richard D. Kocher, Jr. was a co-owner of the mine. As a result of criminal proceedings relating to an explosion at the Buck Mountain Slope Mine, Mr. Kocher was ordered to terminate all present and future involvement with the coal mining industry. MSHA received a new legal identity report, dated January 13, 1995, which indicated that the Buck Mountain Coal Company’s Buck Mountain Slope Mine is now co-owned by David Himmelberger and Richard Boyer. Since that time MSHA has been dealing with Mr. Himmelberger with respect to safety and health matters at the Buck Mountain Slope Mine. Mr. Himmelberger as the new mine operator has determined there is no need for the petition and has requested that it be withdrawn because none of the mine’s electrical equipment is ever located within 150 feet from pillared workings. Accordingly, the petition will be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, R. & D. Coal Company’s Petition for Modification of 30 CFR 75.1002-1(a) to its Buck Mountain Slope Mine is dismissed without prejudice.
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, 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 Order of Dismissal will become final.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, R. & D. Coal Company’s Petition for Modification of 30 CFR 75.1002-1(a) to its Buck Mountain Slope Mine is dismissed without prejudice.
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, 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 Order of Dismissal will become final.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
