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Petition - Docket No. 2003-065-C

 

In the matter of      Petition for Modification

D & D Coal Company

Primrose Slope Mine

I.D. No. 36-08341           Docket No. M-2003-065-C

PROPOSED ORDER OF DISMISSAL

On September 3, 2003, D & D Coal Company 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 75.333(e)(1)(ii), a mandatory safety standard.

On July 27, 2004, MSHA received a request from the mine operator to withdraw the petition for the modification of 30 CFR 75.333(e)(1)(ii). Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, D & D Coal Company’s Petition for Modification of 30 CFR 75.333(e)(1)(ii) to its Primrose Slope Mine is hereby:

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.

 

 

 

Terry L. Bentley

Chief, Division of Safety

Coal Mine Safety and Health