Petition for Modification
In the matter of
Sidney Coal Company, Inc.
Rockhouse Energy Mining Company
Mine No. 1
l.D. No. 15-17651
Docket No. M-2000-034-C
30 CFR 75.1700
PROPOSED ORDER OF DISMISSAL
On March 20, 2000, Sidney Coal Company, Inc. 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.
MSHA requested additional information from Sydney Coal Company following the investigation of this Petition for Modification. The Petitioner chose to provide this information in the form of a new Petition for Modification filed July 3, 2000. In that new petition, Sydney Coal Company requested that Docket No. M-2000-034-C be withdrawn. The new petition has been assigned Docket No. M-2000-107-C. MSHA will review, investigate and issue an Order under that Docket Number.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Sidney Coal Company, lnc.'s Petition (Docket No. M-2000-034-C) for Modification of 30 CFR 75.1700 to its Rockhouse Energy Mining Company, Mine No. 1 is 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, 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 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.
Bill Foutch Acting
Chief, Division of Safety Coal Mine Safety and Health