| In the matter of Garrett Mining, Inc. No. 2 Mine I.D. No. 15-08079 | Petition for Modification Docket No. M-96-057-C |
Date Issued: 01/09/1997
PROPOSED ORDER OF DISMISSAL
By petition for modification filed on April 29, 1996, Petitioner
requested modification of the application of 30 CFR 75.350 to the
No. 2 Mine.
The operator requested a petition for modification to permit air coursed through conveyor belt entries to be used to ventilate working places. The method submitted in the petition for modification was proposed as an alternate method for ventilation of working places. However, the Petitioner decided in an August 16, letter to withdraw the application for a petition of modification and to use the carbon monoxide detection system to be installed in the conveyor belt entry strictly for an early warning fire detection system.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Garrett Mining, Incorporated's Petition for Modification of 30 CFR 75.350 to its No. 2 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, as amended (55 Federal Register) 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 the 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.
The operator requested a petition for modification to permit air coursed through conveyor belt entries to be used to ventilate working places. The method submitted in the petition for modification was proposed as an alternate method for ventilation of working places. However, the Petitioner decided in an August 16, letter to withdraw the application for a petition of modification and to use the carbon monoxide detection system to be installed in the conveyor belt entry strictly for an early warning fire detection system.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Garrett Mining, Incorporated's Petition for Modification of 30 CFR 75.350 to its No. 2 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, as amended (55 Federal Register) 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 the 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 |
