In the matter of Petition for Modification
Speed Mining, Inc.
American Eagle Mine
I.D. No. 46-05437 Docket No. M-2003-025-C
30 CFR 75.1700
PROPOSED ORDER OF DISMISSAL
Petitioner was granted a modification of the application of 30 CFR 75.1700 under Docket No. M-2001-041-C, which became effective on August 12, 2001. On April 4, 2003, a petition was filed seeking an amendment to the modification of the application of 30 CFR 75.1700 to Petitioner's American Eagle Mine, located in Kanawha County, West Virginia. The Petitioner alleges that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
On May 23, 2003, an amendment to the modification of the application of 30 CFR 75.1700, Docket No. M- 2002-082-C, was granted to the petitioner. This granted amendment addresses the same issues that are contained in this latest submittal.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Speed Mining, Inc.'s Petition for Modification of 30 CFR 75.1700 to its American Eagle Mine is dismissed without prejudice.
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.
Terry L. Bentley
Acting Chief, Division of Safety
Coal Mine Safety and Health