In the matter of Petition for Modification
W.V. H&H Enterprises, Inc.
Meadow Run Mine
I.D. No. 36-07987 Docket No. M-97-085-C
PROPOSED ORDER OF DISMISSAL
On July 10, 1997 a petition was filed seeking a modification of the application of 30 CFR 75.1103-4 to Petitioner's Meadow Run Mine located in Greene County, Pennsylvania. The Petitioner alleges 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.
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. After a careful review of the entire record, including the petition, MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
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 W.V. H&H Enterprises, Inc.'s Petition for Modification of the application of 30 CFR 75.1103-4 in the Meadow Run Mine 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, 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________________
Robert A. Elam
Administrator
for Coal Mine Safety and Health