| In the matter of Three Way Coal Company Little Vein Slope Mine I.D. No. 36-08332 | Petition for Modification Docket No. M-95-146-C |
Date Issued: 01/10/1997
On September 29, 1995, Three Way 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 mandatory safety standard.
MSHA conducted an investigation into the merits of the petition and determined that the operator has no electric drags or batterypowered locomotives in the mine. Consequently, this modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Three Way Coal Company's Petition for Modification of 30 CFR 75.1002-1 to its Little Vein 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 Peti
tioner 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 |
