| In the matter of Peabody Coal Company Camp No. 11 Mine I.D. No. 15-08357 | Petition for Modification Docket No. M-96-009-C |
Date Issued: 04/18/1997
PROPOSED ORDER OF DISMISSAL
On February 6, 1996, Peabody 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 75.1100-2(b), a mandatory safety standard.
On November 13, 1996, a Proposed Decision and Order (PDO) granting the requested modification conditioned upon compliance with special terms and conditions was issued by The Mine Safety and Health Administration. Before that PDO became final, the Petitioner determined that the requested modification was no longer desired. On December 5, 1996, the petitioner requested that its petition, Docket No. M-96-009-C, be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Peabody Coal Company's Petition for Modification of 30 CFR 75.1100-2(b) to its Camp No. 11 Mine 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 November 13, 1996, a Proposed Decision and Order (PDO) granting the requested modification conditioned upon compliance with special terms and conditions was issued by The Mine Safety and Health Administration. Before that PDO became final, the Petitioner determined that the requested modification was no longer desired. On December 5, 1996, the petitioner requested that its petition, Docket No. M-96-009-C, be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Peabody Coal Company's Petition for Modification of 30 CFR 75.1100-2(b) to its Camp No. 11 Mine 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.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
