In the matter of Petition for Modification
Hopkins County Coal LLC
Island Mine No. l Mine
I.D. No. 15-17515 Docket No. M-2001-099-C
30 CFR 75.364(b)(2)
PROPOSED ORDER OF DISMISSAL
On October 10, 2001, Hopkins County Coal LLC, 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)(2), a mandatory safety standard.
On December 13, 2001, MSHA District personnel submitted a written request to withdraw the petition. The District personnel confirmed that the requested modification was no longer needed because the return aircourse in question which was blocked to travel has been opened and at the present being examined on a weekly basis.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Hopkins County Coal. LLC's Petition for Modification of 30 CFR 75.364(b)(2) to its Island Mine No I.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