| In the matter of Nowacki Coal Company Nowacki Coal Company Slope Mine I.D. No. 36-07592 | Petition for Modification Docket No. M-93-159-C |
Date Issued: 08/02/1997
PROPOSED ORDER OF DISMISSAL
On June 23, 1993, Nowacki 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 75.332 (b)(1) and (b)(2). In a subsequent letter dated September 22, 1995, the petitioner requested the application be amended to instead seek modification of 75.334 (a)(1) and (b)(2), a mandatory safety standard.
At the time of the petition application, worked-out areas in the mine did exist. However, since that time, the petitioner was granted a modification of 30 CFR 75.335 that allowed an alternative-type of seal construction which was then used to seal the worked-out areas. Consequently, modification of this standard is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Nowacki Coal Company's Petition for Modification of 30 CFR 75.334 (a)(1) and (b)(2) to its Nowacki Coal Company 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.
At the time of the petition application, worked-out areas in the mine did exist. However, since that time, the petitioner was granted a modification of 30 CFR 75.335 that allowed an alternative-type of seal construction which was then used to seal the worked-out areas. Consequently, modification of this standard is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Nowacki Coal Company's Petition for Modification of 30 CFR 75.334 (a)(1) and (b)(2) to its Nowacki Coal Company 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.
| _________________________________ Allyn Davis Chief, Division of Safety Coal Mine Safety and Health |
