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Petition - Docket No. M-1996-163-C

Inthe matter of
Plateau Mining Corporation
(formerly Cyprus Plateau Mining Corporation) Star Point No. 2 Mine
I.D. No. 42-00171
Docket No. M-1996-163-C
30 CFR 75.362(d)(2)

PROPOSED ORDER OF DISMISSAL

On November 12, 1996, Cyprus Plateau Mining Corporation 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 75.362(d)(2), a mandatory safety standard.

On December 21, 2000, Petitioner notified MSHA that the mine was sealed and a petition (Docket No M-2000- 046-C) was no longer needed. Petitioner also withdrew its request for a modification to the standard.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Plateau Mining Corporation's Petition for Modification of 30 CFR 75.362(d)(2) to its Star Point No. 2 Mine is dismissed.

Any party to this action desiriog 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. Ifno request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.

 

John M. Pyles
Acting Chief, Division of Safety Coal Mine Safety and Health