In the matter of
Peabody Coal Company Camp No. 11 Mine
l.D. No. 15-08357
Petition for Modification
Docket No. M-97-054-C
Date Issued: 0911211997
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 75.362(d)(2), a mandatory safety standard.
On May 20, 1997, the Mine Safety and Health Administration received a request from the petitioner to withdraw the petition.
The petition was submitted on the basis that application of the standard is a diminution of safety to miners and that the proposed alternative method would provide at least the same measure of protection afforded miners by the standard. MSHA inspection personnel provided information that the mine is currently complying with the standard by using mine made extendible probes, used from under permanent roof support and that no hazards are created by doing so. Since the mine is in compliance, 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 75.362(d)(2) to its Camp No. 11 Mine 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