| In the matter of Eagle Nest, Inc. Eagle Nest Mine I.D. No. 46-07711 | Petition for Modification Docket No. M-96-021-C |
Date Issued: 01/09/1997
By petition for modification filed on March 4, 1996, Petitioner requested modification of the application of 30 CFR 75.1403-5(g) to its Eagle Nest Mine.
Section 75.1403-5(g) is a criteria provision for issuing safe guards and is enforceable at a mine only when established as a safeguard practice by an authorized representative of the Secre tary through the issuance of a notice to provide safeguard. Since an authorized representative has the authority to revise an existing notice to provide safeguard to address changed or unique circumstances at a mine, this standard is not the proper subject for a petition for modification.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Eagle Nest, Inc.'s Petition for Modification of 30 CFR 75.1403-5(g) to its Eagle Nest 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 |
