In the matter of Petition for Modification
Freeman United Coal Mining Company
Crown II Mine
I.D. No. 11-02236 Docket No. M-2001-081-C
30 CFR 75.332(a)(2)
PROPOSED ORDER OF DISMISSAL
On August 6, 2001, Freeman United Coal 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. 8ll(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.332(a)(2), a mandatory safety standard.
On October 5, 2001, and again on October 9, 2002, the petitioner requested that the Mine Safety and Health Administration (MSHA) postpone investigation of the requested modification until such time that a single split test section could be established.
On March 3, 2003, in response to MSHA's inquiry concerning the status of the petition request and the mining operation, the petitioner requested that the petition be withdrawn.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Freeman United Coal Mining Company's Petition for Modification of 30 CFR 75.332(a)(2) to its Crown II Mine is dismissed without prejudice.
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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
_________________________________________
Erik H. Sherer
Acting Chief, Division of Safety
Coal Mine Safety and Health