In the matter of Petition for Modification
KenAmerican Resources, Inc.
Paradise #9 Mine
I.D. No. 15-17741 Docket No. M-2004-022-C
PROPOSED ORDER OF DISMISSAL
On May 17, 2004, a petition was filed seeking a modification of the application of 30 CFR 75.1103-4(a) to the Paradise #9 Mine, located in Muhlenberg County, Kentucky. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard. On June 29, 2004, MSHA received notification from the Petitioner that the petition be withdrawn. 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. 811(c), it is ordered that KenAmerican Resources, Inc.’s Petition for a modification of the application of 30 CFR 75.1103-4(a) in the Paradise #9 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
Chief, Division of Safety
Coal Mine Safety and Health