Inthe matter of
Basic Mining Corporation
Mine No. 2
l.D. No. 44-05032
Petition for Modification
Docket No. M-2000-019-C
PROPOSED ORDER OF DISMISSAL
On February 24, 2000, Basic Mining Corporation 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 75.1710-l(a), a mandatory safety standard.
That petition requested operation of the mine's Joy 21 SC shuttle cars without cabs or canopies in mining heights 44 to 50-inches and alleged that the use of the cabs or canopies would result in a diminution of safety to miners of a greater degree than the protection the canopies would afford.
On March 23, 2000, Basic Mining Corporation requested that the Petition for Modification of 75.l 710-l(a) be withdrawn. District personnel confirmed that the mine's electric face equipment is in compliance with the standard and that no diminution of safety to miners results from compliance with the standard.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Basic Mining Corporation's Petition for Modification of 30 CFR 75.1710-l(a) to its Mine No. 2 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.
Cheryl McGill
Chief, Division of Safety Coal Mine Safety and Health