In the matter of Petition for Modification
D & F Deep Mine Buck Drift
Buck Drift Mine
I.D. No. 36-07456 Docket No. M-2002-001-C
30 CFR 75.1002-1
PROPOSED ORDER OF DISMISSAL
On January 7, 2002, D & F Deep Mine Buck Drift 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 75.1002-1, a mandatory safety standard.
On November 4, 2002, the Administrator for Coal Mine Safety and Health was notified by Petitioner that the requested modification did not include all of the non-permissible equipment the mine operator wished to use within 150 feet of the pillar line and requested that the petition be withdrawn.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, D & F Deep Mine Buck Drift's Petition for Modification of 30 CFR 75.1002-1 to its Buck Drift 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, 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.
Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health