In the matter of Petition for Modification
Peabody Coal Company
Marissa Mine
I.D. No. 11-02440 Docket No. M-97-042-C
PROPOSED ORDER OF DISMISSAL
On March 27, 1997, Peabody Coal Company filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.1905, a mandatory safety standard.
On July 15, 1998, Peabody Coal Company submitted a letter indicating that in the May 19, 1998, correspondence requesting withdrawal of Docket No. M-97-043-C, a typographical error had been made and that the correct docket number to be withdrawn is M-97-042-C. Peabody Coal Company's intent was clarified by telephone and the request to withdraw the Petition for Modification of the application of 30 CFR 75.1905 at the Marissa Mine was confirmed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Peabody Coal Company's Petition for Modification of 30 CFR 75.1905 to its Marissa 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.
_________________________________________
Allyn Davis
Chief, Division of Safety
Coal Mine Safety and Health