Petition for Modification
In the matter of
Plateau Mining Corporation Willow Creek Mine
l.D. No. 42-02113
Docket No. M-2000-111-C 30 CFR 75.90l(a)
PROPOSED ORDER OF DISMISSAL
On July 17, 2000, Plateau Mining Corporation, filed a petition, Docket No. M-2000-111-C, pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 81l(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.90l(a) to its Willow Creek Mine, located in Carbon County, Utah.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. However, on September 6, 2002, MSHA received a letter from the petitioner, which requested a withdrawal of the above mentioned petition since petitioner is in the process of closing the mine.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Plateau Coal Corporation's Petitions for Modification of 30 CFR 75.90ld(a), to its Willow Creek 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 final.
Michael P. Miano
Chief, Division of Safety Coal Mine Safety and Health