In the matter of: Petition for Modification Postar Coal Company, Inc.
Postar No. 1 Mine
ID No. 46-07983 Docket No. M-2007-009-C
PROPOSED ORDER OF DISMISSAL
On March 12, 2007, Postar Coal Company, Inc. 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, at the Postar No. 1 Mine in McDowell County, West Virginia.
On June 26, 2007, the Division of Safety received a letter from the petitioner requesting the petition be withdrawn. The mine had completed mining operations and the petition was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Postar Coal Company Inc.’s Petition for Modification of 30 CFR 75.364(b)(4) to its Postar No. 1 Mine is hereby:
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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. 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.
Stephen J. Gigliotti
Acting Chief, Safety Division for Coal Mine Safety and Health