July 29, 2005
In the matter of: Petitions for Modification
Nowacki Coal Company
Nowacki Coal CompanySlope
I.D. No. 36-07592
| Docket No. | 30 CFR Standard | Granted | Finalized |
|---|---|---|---|
| M-1993-160-C | 75.335(a)(1) | April 28, 1995 | May 28, 1995 |
| M-1993-163-C | 75.1100-2(a) | February 13, 1996 | March 14, 1996 |
| M-1993-164-C | 75.1200(d),(h),(i) | October 18, 1995 | November 17, 1995 |
| M-1993-165-C | 75.1202-1(a) | November 7, 1995 | December 7, 1995 |
| M-1994-171-C | 75.1400 | April 28, 1995 | May 28, 1995 |
| M-2000-072-C | 49.2(b) | December 4, 2000 | January 3, 2001 |
| M-2003-044-C | 75.360 | December 11, 2003 | January 10, 2004 |
| M-2003-045-C | 75.364(b)(1),(4),(5) | February 5, 2004 | April 4, 2004 |
PROPOSEDDECISION AND ORDER TO REVOKE
MSHA records indicate that underground workings of the referenced mine have been permanently abandoned and the surfaceopening to the mine sealed.MSHA has determined that the mining conditions have changed and that the modifications are no longerneeded at the referenced mine. Wherefore, pursuantto the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safetyand Health, and pursuantto section 101(c) of the Federal Mine Safety HealthAct of 1977, 30 U.S.C. 811(c),the modifications as they apply to the referenced mine are hereby:
REVOKED
Pursuant to 30 CFR 44.52, revocations of the grantedmodifications will become final 30 days after service of this ProposedDecision and Orderto Revoke, unlessa hearing is requested on the Decision and Order.Any party to this action desiring a hearingon this matter must file in accordance with 30 CFR 44.14,within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safetyand Health, 1100 WilsonBoulevard, Arlington, Virginia 22209-3939.
If a hearingis requested, the request shall contain a concise summaryof the position on the issues of fact or law desired to be raisedby the party requesting the hearing, including specificobjections to the proposed decision.A party other than Petitioner who has requested a hearing shallalso comment upon all issues of fact or law presentedin the petition, and any party to this action requesting a hearing may indicate a desired hearingsite. If no requestfor a hearing is filed within 30 days after service thereof,the Order to Revoke will becomefinal.
/s/ Terry Bentley
Terry L. Bentley
Chief, Division of Safety Coal Mine Safetyand Health