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Petition - Docket No. M-97-105-C

In tho matter of
Mark P. Shingara Coal Company
No. 4 Vein Slope Mine
I.D. No. 36-08572
Petition for Modification
Docket No. M-97-105-C

PROPOSED ORDER OF DISMISSAL

On September 5, 1997, Mark P. Shingara Coal Company, filed a petition punsuant 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 75.1100-2(a)(2), a mandatory safety standard.

However, on April 23, 1998 MSHA received a letter ftom the petitioner, which requested a withdrawal oft he petition.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Mark P. Shingara Coal Company Petition for Modification of 30 CFR 7S.1100-2(a)(2) to its No. 4 Vein Slope 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.

 

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