In the matter of Petition for Modification
Canyon Fuel Company, LLC
Dugout Canyon Mine
I.D. No. 42-01890 Docket No. M-2003-043-C
30 CFR 75.1700
PROPOSED ORDER OF DISMISSAL
On June 3, 2003, Canyon Fuel Company, 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 75.1700, a mandatory safety standard.
The petition for modification proposed a method of plugging and sealing of a methane liberation test borehole, which had been required by the State of Utah to be permitted as a "gas well". The plugging method was to allow the systematic and safe cutting/mining through the plugged gas well by the mine's longwall mining equipment. However, an alternative mine layout has been developed which eliminates the need to mine through the gas well designated Drill Hole Number TD-3.
On July 29, 2003, Canyon Fuels Company, LLC notified MSHA that the requested modification was no longer needed, due to the change in the mine layout, and requested the petition for modification be withdrawn.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Canyon Fuel Company, LLC's Petition for Modification of 30 CFR 75.1700 to its Dugout Canyon 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