In the matter of Petition for Modification
Solvay Minerals, Inc.
Solvay Minerals, Inc. Mine
I.D. No. 48-01295 Docket No. M-98-007-M
PROPOSED ORDER OF DISMISSAL
On August 24, 1998, Solvay Minerals, Inc., 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 mandatory safety standard 30 CFR § 57.22305, at it's Solvay Minerals, Inc. Mine. The petitioner had requested that a previous petition for modification (Docket No. M-91-05-M), be amended to allow the use of nonpermissible tools in or beyond the last open crosscut.
On August 21, 1998, a request was received from the Petitioner to amend Petition No. M-91-05-M. The amendment requested would result in the petition filed in Docket No. M-98-07-M, being duplicative, and 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 No. M-97-07-M for Modification of 30 CFR § 57.22305, to its Solvay Minerals, Inc. 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 Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
A hearing request must 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