In the matter of
The Pittsburg & Midway Mining Company
Sebree #1 Mine
I.D. No. 15-17044
Petition for Modification
Docket No. M-98-097-C
PROPOSED ORDER OF DISMISSAL
On October 16, 1998, The Pittsburg & Midway Coal Mining Company filed a petition pursuant 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 75.364(b)(4), a mandatory safety standard.
On May 5, 1999, Petitioner filled a request to withdraw the petition. MSHA District personnel confirmed that the roof fall which had blocked access to the mine seal for which the modification was requested had been cleaned up. As a result, the modification was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, The Pittsburg & Midway Coal Mining Company's Petition for Modification of 30 CFR 75.364(b)(4) to its Sebree #1 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 for Coal Mine Safety and Health