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In the matter of                                                                
Genwal Resources, Inc.
Crandall Canyon Mine
I.D. No. 4201715
Petition for Modification


Docket No. M-94-116-C


Date Issued: 01/11/1997

PROPOSED DECISION AND ORDER

By petition for modification filed on July 11, 1994, Petitioner requested modification of the application of 30 CFR 75.350 to its Crandall Canyon Mine. The request was made to allow air coursed through conveyor belt entries to be used to ventilate working places.

On June 4, 1996, the Petitioner requested a modification of the application on 30 CFR 75.350, Docket No. M96071C, to its Crandall Canyon Mine for the purpose to use belt air in a twoentry mining system.

On June 11, 1996, a request was filed with the Administrator for Coal Mine Safety and Health by Petitioner for withdrawal of this petition. The petitioner anticipates the need in the near future to change mine development to a twoentry mining system and wishes that its June 4, 1996, request to modify 30 CFR 75.350 (Docket No. M96071C) be considered instead of its 1994 request.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Genwal Resources, Inc.'s Petition for Modification of 30 CFR 75.350 to its Crandall Canyon Mine is dismissed without prejudice.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14 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 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