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Petition - Docket No. M-1999-082-C

In the matter of
Jim Walter Resources, Inc.
No. 4 Mine
I.D. No. 01-01247

No. 5 Mine
I.D. No. 01-01322

No. 7 Mine
I.D. No. 01-01401

Petition for Modification
Docket Nos. M-1999-082-C

M-1999-116-C

PROPOSED ORDER OF DISMISSAL

On August 22, 1999, Jim Walter Resources, Inc., 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 75.701 and 75.901(a), mandatory safety standards. However, on November 15, 1999, MSHA received a memorandum from MSHA District 11 personnel stating the mine operator on October 29, 1999, had requested these petitions be withdrawn because relief from the provisions of 75.701 and 75.901(a) were not needed at this time. A letter dated November 5, 1999, was received from Mr. Guy W. Hensley, Attorney representing the mine operator, requesting the petitions be immediately withdrawn pending revision and re-submission at a later date.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Jim Walter Resources, Inc., Petitions for Modification of 30 CFR 75.701 and 75.901(a) to its No. 4 Mine, No. 5 Mine and No. 7 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