Petition for Modification
In the matter of
Lodestar Energy Inc.
White Oak Mine #2
I.D. No. 42-01280
Docket No. M-1997-010-C
30 CFR 75.362(d)(2)
PROPOSED ORDER OF DISMISSAL
On January 27, 1997, a petition was filed by White Oak Mining and Construction Company, Inc. seeking a modification of the application of 30 CFR 75.362(d)(2) to Petitioner's White Oak Mine #2, located in Carbon County, Utah. The Petitioner alleged that application of the standard will result in a diminution of safety to the miners and that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard. Subsequent to the filing of the petition, the mine's ownership changed to Lodestar Energy Inc.
On December 13, 2001, MSHA inspection personnel notified the Administrator for Coal Mine Safety and Health that the White Oak Mine #2 was permanently abandoned and the openings to the surface sealed. Therefore, the petition is no longer needed.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Lodestar Energy Inc's Petition for Modification of the application of 30 CFR 75.362(d)(2) in the White Oak Mine #2 is hereby dismissed.
Any party to this action desiring a hearing on 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 Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________________
Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health