In the matter of Petition for Modification
PARCOAL, INC.
Mine No. 1
I.D. No. 15-17963 Docket No. M-98-118-C
PROPOSED ORDER OF DISMISSAL
On December 28, 1998, PARCOAL, 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 30 CFR 75.364(a), a mandatory safety standard.
On March 11, 1999, MSHA received notification of the petitioner's request to withdraw the petition. On March 25, 1999, MSHA district personnel confirmed that the petitioned area is a "worked out area" and ventilated and evaluated in accordance with the mine's approved ventilation plan. In addition, the area was a previously sealed worked out area, recently cut into during mine development, which is to be again isolated by the construction of seals meeting the requirements of 30 CFR 75.335. Consequently, no modification of the petitioned standard is needed.
Therefore, pursuant to the authority delegated by the Secretary Labor to the Administrator for Coal Mine Safety and Health, PARCOAL, INC.'s Petition for Modification of 30 CFR 75.364(a) to its Mine No. 1 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