In the matter of
Wayne Processing Inc.
l.D. No. 46-04168
Petition for Modification
Docket No. M-1999-104-C
PROPOSED ORDER OF DISMISSALE
On August 18, 1999, Wayne Processing Inc. filed a petition seeking modification of the application of 30 CFR 75.380(d)(3) to its Sentinel Mine near Philipi, Barbour County, West Vrrginia. The Petitioner alleged that compliance with the standard could result in a diminution of safety to the miners due to rehabilitation necessary and that the proposed alternative method would at all times provide the same measure of protection as the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their fmdings and recommendations with the Administrator for Coal Mine Safety and Health.
By letter dated February 21, 2000, the Petitioner requested withdrawal of the petition stating that the area in question is no longer used as an escapeway. This was confirmed through discussion with the MSHA field office. Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Wayne Processing lnc.'s Petition for Modification of 30 CFR 75.380(d)(3) to its Sentinel 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 fmal.
John F. Langton
Acting Chief, Division of Safety Coal Mine Safety and Health