In the matter of
Canterbury Coal Company DiAnne Mine
l.D. No. 36-05708
Docket No. M-1997-074-C
30 CFR 75.362(d)(2)
PROPOSED ORDER OF DISMISSAL
On May 28, 1997, a petition was filed by Canterbury Coal Company seeking a modification of the application of 30 CFR 75.362(d)(2) to the Petitioner's DiAnne Mine, located in Armstrong County, Pennsylvania. The Petitioner alleged that application of this standard will result in a diminution of safety and that the alternate method proposed in the petition would at all times provide the same degree of safety as the existing standard. On February 26, 2003, MSHA received notification from MSHA District 2 personnel requesting that the petition for modification be withdrawn since the mine was closed and in the process of being sealed. 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 lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Canterbury Coal Company's Petition for Modification of the application of 30 CFR 75.362(d)(2) in the DiAnne 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
Acting Chief, Division of Safety Coal Mine Safety and Health