In the matter of Petition for Modification
Dunkard Mining Company
Dunkard Mine
I.D. No. 36-01301 Docket No. M-98-013-C
PROPOSED ORDER OF DISMISSAL
On January 26, 1998, Dunkard Mining 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 75.364(b)(1), a mandatory safety standard.
On June 22, 1998, MSHA received a request from Dunkard Mining Company to rescind the petition. Telephone contact with the Dunkard Mine Superintendent and with the MSHA Field Office Supervisor responsible for mandatory inspection activities at the Dunkard mine confirmed that the petitioned roof fall area had been partially cleaned-up and re-timbered such that the entire length of the aircourse is now safe for travel by the mine examiner while conducting the required weekly examination. Accordingly, the mine is in compliance with the standard and the petition for modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Dunkard Mining Company's Petition for Modification of 30 CFR 75.364(b)(1) to its Dunkard 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. .
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Allyn Davis
Chief, Division of Safety
Coal Mine Safety and Health