December 8, 1998
In the matter of Petition for Modification
Stillwater Mining Company
Stillwater Mine
I.D. No. 24-01490 Docket No. M-97-07-M
PROPOSED ORDER OF DISMISSAL
On September 17, 1997, the Stillwater Mining Company, filed a Petition for Modification pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. Sec. 811(c), and 30 CFR Part 44, for the modification of the application of 30 CFR part 57.14107(a), a mandatory safety standard. The petitioner had requested approval of an alternative method for guarding a crusher station tramp-metal belt at the Stillwater Mine.
On October 1, 1998, a request was received from the Petitioner to withdraw this petition, stating that Stillwater Mining Company was now in compliance with the mandatory standard and the Petition for Modification was no longer necessary.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health, Petition for Modification No. M-97-07-M is dismissed.
Any party to this action desiring a hearing on this matter must file a request for hearing in accordance with 30 CFR 44.14 within 30 days. The request for hearing must be filed with the Administrator for Metal and Nonmetal 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.
For /s/ Edward E. Lopez
_____________________________________
Edward C. Hugler
Administrator for Metal
and Nonmetal Mine Safety and Health