On October 19, 1995, Sunshine Precious Metals, Inc., requested modification of the application of 30 CFR § 57.11055 to its Sunshine Mine located in Shoshone County, Idaho.
Standard 57.11055 Inclined escapeways, provides:
Any portion of a designated escapeway which is inclined more than 30 degrees from the horizontal and that is more than 300 feet in vertical extent shall be provided with an emergency hoisting facility.
On November 13, 1995, notice of the Petition for Modification was published in the Federal Register. On October 21, 1996, the mine operator requested the modification be dismissed without prejudice. The Administrator agrees that the petition for modification be dismissed.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal under Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. section 811(c), Sunshine Precious Metals, Inc., request for a Petition for Modification of 30 CFR § 57.11055 applicable to its Sunshine Mine is hereby ordered DISMISSED without prejudice.
Unless a request for a hearing of this Proposed Decision and Order is filed with the Administrator for Metal and Nonmetal Mine Safety and Health within 30 days after service, the Proposed Decision and Order will become final pursuant to 30 CFR § 44.13.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR § 44.14, with the Administrator for Metal and Nonmetal, 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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition.
Any party to this action requesting a hearing may indicate a desired hearing site. If a request for a hearing is not filed within 30 days of service thereof, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
_________________________________
Vernon R. Gomez
Administrator for
Metal and Nonmetal
|
