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Petition - Docket No. M-97-023-C

In the matter of
Rustler Coal Company (Formerly E&E Fuels) Orchard Slope Mine I.D. No. 36-08346
Petition for Modification

Docket No. M-97-023-C

Date Issued: 04/17/1997

PROPOSED ORDER OF DISMISSAL

On February 20, 1997, Rustler Coal Company filed a petition pursuant to lOl(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44.10 ., for the modification of the application of 30 CFR 75.1405, a mandatory safety standard. An alternative method was proposed to replace the safety standard.

After several attempts were made to conduct an investigation, a meeting was held on January 12, 1998 between the mine operator and a MSHA inspector.It was determined during this meeting that the mine was not developed to the point that this petition is applicable and this petition should be dismissed ..

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Rustler Coal Company's Petition for Modification of 30 CFR 75.1405 to its Orchard Slope 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 53430, December 28, 1990), 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.

Ifa hearing is requested, the request shall contain a concise summary of the 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.

Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health