| In the matter of Eighty-Four Mining Company Mine 84 I.D. No. 35-00958 | Petition for Modification Docket No. M-94-055-C |
Date Issued: 09/17/1997
PROPOSED ORDER OF DISMISSAL
On April 14, 1994, Eighty-Four Mining 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 75.1101-8(a), a mandatory safety standard. Specifically, the petitioner proposed to monitor the conveyor belt drive electrical controls in combination boxes (power centers) using temperature sensors and shut-off switches in place of positioning water sprinkler heads over those controls. The petitioner alleged that the fire detection system would provide the same measure of protection as the required fire suppression system.
On July 29, 1997, the Petitioner submitted a request to withdraw the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Eighty-Four Mining Company's Petition for Modification of 30 CFR 75.1101-8(a) to its Mine 84 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, 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.
On July 29, 1997, the Petitioner submitted a request to withdraw the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Eighty-Four Mining Company's Petition for Modification of 30 CFR 75.1101-8(a) to its Mine 84 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, 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 |
