| In the matter of Copperas Coal Corporation Jacks Branch, Buffalo Creek Mine I.D. No. 46-08513 | Petition for Modification Docket No. M-96-004-C |
Date Issued: 01/08/1997
On December 11, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.503 to Petitioner's Jacks Branch, Buffalo Creek Mine, located in Boone County, West Virginia. The Petitioner alleged that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
On May 6, 1996, a District 4 memorandum dated April 25, 1996 was received advising that the Petitioner had requested that its Petition for Modification of 30 CFR 75.503 be withdrawn because the mine would be shutting down in the near future. Therefore, since the mine is shutting down the petition is no longer needed.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Copperas Coal Corporation's Petition for Modification of the application of 30 CFR 75.503 in the Jacks Branch, Buffalo Creek Mine is hereby 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 a hearing is filed within 30 days after service
thereof, the Decision and Order will become final and must be
posted by the operator on the mine bulletin board at the mine.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
