February 5, 1999
Petition for Modification
In the matter of
Newmont Gold Company
Docket No. M-97-03-M
PROPOSED ORDER OF DISMISSAL
On April 23, 1997, Newmont Gold Company (Newmont), 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 appliation of mandatory safety standard 30 CFR § 56.14107(a), at its Genesis Mine. Newmont requested to be allowed to place a sign on its Dresser Haulpack 510 Haul Trucks in lieu of guarding engine fans on the underside of the trucks.
On December 10, 1998, a request was received from the Metal and Nonmetal District to dismiss the petition because the Dresser Haulpack 510 Hual Trucks were removed from the mine in the Spring of 1998. Since the haul trucks have been removed from the mine, the petition is no longer needed at the Genesis Mine.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Safety and Health, Petition No. M-97-03-M, seeking modification of 30 CFR § 56.14107(a), at its Genesis Mine is dismissed.
Any party to this action desiring a hearing on this matter must file a request for hearing in accordance with 30 CFR 44, within 30 days. The request for hearing must be filed with the Administrator for Metal and Nonmetal Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
A hearing request must 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.
For /s/ C.N. Narramore
Edward C. Hugler
Administrator for Metal and Nonmetal Mine Safety and Health