On May 22, 1997, Island Creek 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 75.364(b)(4), a mandatory safety standard.
The petitioner proposed an alternative method of examination for seals along a return aircourse which had become unsafe for examination due to water accumulations in locations soon to be incorporated in a larger sealed area.
On July 18, 1997, the petitioner notified the Mine Safety and Health Administration that the petitioned area had been incorporated in a sealed area and that petition was no longer needed. That letter also requested that the petition be withdrawn. MSHA District personnel confirmed that the petitioned area is now sealed and that the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Island Creek Coal Company's Petition for Modification of 30 CFR 75.364(b)(4) to its Ohio 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.
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Allyn Davis
Chief, Division of Safety
Coal Mine Safety and Health
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