In the matter of
Bowie Resources, Limited
Bowie Mine #2
I.D. No. 05-04591
Petition for Modification
Docket Nos. M-1998-094-C
PROPOSED ORDER OF DISMISSAL
On August 5, 1998, a petition, Docket No. M-1998-094-C was filed seeking a modification of the application of 30 CFR 75.701 to the Bowie Mine #2, located in Delta County, Colorado. Also, on August 13, 1998, a petition, Docket No. M-1998-095-C was filed seeking a modification of the application of 30 CFR 75.901 to the Bowie Mine #2, located in Delta County, Colorado. The alternative methods proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.701.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. On January 27, 1999, Bowie Resources, Limited filed comments on MSHA's investigative report requesting that five (5) stipulations be changed and the removal of nine (9) stipulations contained in the investigative report. On July 1, 1999, MSHA submitted additional information consisting of a short circuit analysis of the generator proposed by the Petitioner.
However, a letter dated December 6, 1999, was received from Mr. Ernal A. Shaw, Manager of Safety, representing the mine operator, requesting the petition be immediately withdrawn since the Petitioner had removed from service the diesel generator unit that was subject to the Petitions for Modification.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Bowie Resources, Limited, Petitions for Modification of 30 CFR 75.701 and 75.901 to its Bowie No. 2 Mine are 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.
John F. Langton
Acting Chief, Division of Safety Coal Mine Safety and Health