In the matter of Petition for Modification
(Formerly B & H Coal Company)
Lykens Slope #1 Mine
I.D. No. 36-08830 Docket No. M-2002-090-C
30 CFR 75.1400
PROPOSED ORDER OF DISMISSAL
On October 15, 2002, a petition was filed by Lykens Coal Company (formerly B & H Coal Company) seeking a modification of the application of 30 CFR 75.1400 to the Petitioner's Lykens Slope #1 Mine, located in Schuylkill County, Pennsylvania. The Petitioner alleged that the alternate method proposed in the petition would at all times provide the same degree of safety as the existing standard. On January 27, 2003, MSHA received notification from MSHA District 1 personnel requesting that the petition for modification be dismissed since the mine was closed and temporarily abandoned. Therefore, the petition is not needed.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 81l(c), it is ordered that Lykens Coal Company's Petition for Modification of the application of 30 CFR 75.362(d)(2) in the Lykens Slope #1 Mine is hereby dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Terry L. Bentley
Acting Chief, Division of Safety
Coal Mine Safety and Health