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Petition - Docket No. M-2000-036-C

Petition for Modification
In the matter of
West Ridge Resources, Inc.
West Ridge Mine
l.D. No. 42-02233
Docket No. M-2000-036-C
30 CFR 75.500(d)

PROPOSED ORDER OF DISMISSAL

On March 22, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.500(d) to Petitioner's West Ridge Mine, located in Carbon County, Utah. The Petitioner alleges that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

On May 3, 2000, a request was filed seeking to dismiss the petition since it was a duplicate of a previously submitted petition and it was submitted in error. The previous petition was processed under MSHA Docket No. M-2000-030-C and granted on December 15, 2000.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, West Ridge Resources, Inc.'s Petition for Modification of 30 CFR 75.SOO(d) to its West Ridge Mine is dismissed.

Any party to this action desiring a hearing on this matter must file inaccordance 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 M. Pyles
Acting Chief, Division of Safety for Coal Mine Safety and Health