Petition for Modification
In the matter of
Energy Fuels Coal, Inc.
l.D. No. 05-03455
Docket No. M-2000-020-C
30 CFR 75.1909(1)
PROPOSED ORDER OF DISMISSAL
On February 23, 2000, Energy Fuels Coal, Inc., filed a petition pursuant to lOl(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 8ll(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.1909(1), a mandatory safety standard. The Petitioner alleges that the alternate method proposed in the petition will at all times guarantee no less the same measure of protection afforded by the standard.
On February 27, 2002, MSHA District personnel filed a report indicating that the mine has been permanently sealed. Consequently, the petition for modification is not necessary.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Energy Fuels Coal, Inc.'s Petition for Modification of 30 CFR 75.1909(1), to its Southfield Mine is dismissed.
Any party to this action desiring a hearing on this matter must file inaccordance with 30 CFR 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 co=ent 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