| In the matter of Shell Energy Company, Inc. Stacy Meranda Mine I.D. No. 46-08086 | Petition for Modification Docket No. M-96-017-C |
Date Issued: 01/09/1997
By petition for modification filed on February 28, 1996, Peti tioner requested modification of the application of 30 CFR 75.380(d)(3 and 4) to Petitioner's StacyMeranda Mine, located in Harrison County, West Virginia.
On May 15, 1996, the Petitioner requested that its petition be withdrawn. MSHA investigators confirmed that the petitioner had decided to submit a fully revised petition to address a roof fall area in a return aircourse and the rerouted alternate escapeway. The revised petition eliminates the need for the petition submitted under Docket No. M-96-017-C.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Shell Energy Company, Inc.'s Petition for Modification of 30 CFR 75.380(d)(3 and 4) to its StacyMeranda 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 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 |
