In the matter of Petition for Modification
The New Coal Company, Inc.
Dayhoit Tipple
I.D. No. 15-10391 Docket No. M-2002-099-C
30 CFR 77.1607(cc)
PROPOSED ORDER OF DISMISSAL
On October 23, 2002, The New Coal Company, 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 77.1607(cc), a mandatory safety standard. The petition proposed use of locked access doors as on alternative to installing emergency stop cords and switches along walkways of two unguarded belt conveyors.
On February 4, 2003, MSHA personnel reported that emergency stop devices had been installed in compliance with the standard and that the petitioner requested the petition be withdrawn because it was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, The New Coal Company. Inc.'s Petition for Modification of 30 CFR 77.1607(cc) to its Dayhoit Tipple 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.
Hubert E. Scherer
Acting Chief, Division of Safety
Coal Mine Safety and Health