In the matter of Petition for Modification
Warrior Coal, LLC.
Cardinal Mine
I.D. No. 15-17216 Docket No. M-2002-030-C
30 CFR 75.1103-4(a)
PROPOSED ORDER OF DISMISSAL
On March 20, 2002, Warrior 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 75.1103-4(a), a mandatory safety standard.
On April 3, 2003, the petitioner requested that the petition, Docket No. M-2002-030-C be rescinded. The petitioner was contacted and verified that the petition was not needed because the requested modification had already been granted under the special terms and conditions of the Proposed Decision and Order for Docket No. M-2001-123-C, which became final November 20, 2002.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Warrior Coal, LLC.'s Petition for Modification (Docket No. M-2002-030-C) of 30 CFR 75.1103-4(a) to its Cardinal 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.
Erik H. Sherer
Acting Chief, Division of Safety
Coal Mine Safety and Health