In the matter of
Peabody Coal Company
Camp No. 11 Mine
l.D. No. 15-08357
Petition for Modification
Docket No. M-97-053-C
Date Issued: 0912611997
PROPOSED ORDER OF DISMISSAL
On April 7, 1997, Peabody 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 et seq., for the modification of the application of 30 CFR 75.323(b)(l)(I and iii), a mandatory safety standard.
On May 20, 1997, the Mine Safety and Health Administration receive a request from the petitioner to withdraw the petition.
Since the petition was submitted solely on the basis that the proposed alternative method would provide at least the same measure of protection afforded miners by the standard and dismissal of the petition at the petitioner' s request is appropriate.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Peabody Coal Company's Petition for Modification of 30 CFR 75.323(b)(l)(I and iii) to its Camp No. 11Mine 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.
Chief, Division of Safety Coal Mine Safety and Health