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Petition - Docket No. M-1999-042-C

In the matter of
R S & W Coal Company, Inc.
R S & W Drift Mine
I.D. No. 36-01818
Docket No. M-1999-042-C
30 CFR 75.1312(e)(1)

PROPOSED ORDER OF DISMISSAL

On May 11, 1999, an authorized agent for R S & W Coal Company, Inc. 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 75.1312(e)(1), a mandatory safety standard.

On September 9, 2003, the same authorized agent for R S & W Coal Company, Inc. notified MSHA that the request for modification was withdrawn because the provisions set forth in the petition are not consistent with the requirements of the mine

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, R S & W Coal Company, Inc.'s Petition for Modification of 30 CFR 75.1312(e)(1) to its R S & W Drift 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 Order of Dismissal will become final.