In the matter of Petition for Modification
Corbin Collieries, Inc.
Mine No. 2
I.D. No. 44-06857 Docket No. M-2001-083-C
30 CFR 75.1710-1
PROPOSED ORDER OF DISMISSAL
On August 7, 2001, Corbin Collieries, 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 75.1710-1, a mandatory safety standard. On December 31, 2001, Petitioner provided supplemental information listing the specific equipment to which the requested modification was to apply. On March 6, 2002, MSHA completed and filed an investigation report concerning the requested modification affirmed that the equipment was being used with the required cabs or canopies in conformance with the standard and agency policy (cabs or canopies required in mining heights 42 inches or greater). On August 6, 2002, further information provided by MSHA inspection personnel confirmed that the mine continues to operate in compliance with the standard and will continue to do so for the remainder of the mine life. The mine is expected to be closed by September, 2002. Therefore, no modification of 30 CFR 75.1710-1 is needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Corbin Collieries, Inc.'s Petition for Modification of 30 CFR 75.1710-1 to its Mine No. 2 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, 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.
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Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health