In the matter of Petition for Modification
Energy West Mining Co.
Trail Mountain Mine
I.D. No. 42-01211 Docket No. M-1999-117-C
30 CFR 75.350
PROPOSED ORDER OF DISMISSAL
On September 24, 1999, Energy West Mining Co., 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 75.350, to its Trail Mountain Mine, located in Emery County, Utah.
However, on June 19, 2001, MSHA received a letter from District 9, which requested a dismissal of the petition stating that "All underground workings at the Trail Mountain Mine were sealed on May 25, 2001. The subject petition is relevant only to underground portions of the mine".
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Energy West Mining Co.'s Petition for Modification of 30 CFR 75.350 to its Trail Mountain 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.
Terry L. Bentley
Acting Chief, Division of Safety
Coal Mine Safety and Health