Petition for Modification
West End Coal Company
Last Chance Slope Mine
l.D. No. 36-07859
Docket No. M-2000-062-C
30 CFR 49.2(b)
PROPOSED ORDER OF DISMISSAL
On April 14, 2000, a petition was filed on behalf of West End Coal Company pursuant to 101(c) of the Federal Mine safety and Health Act of 1977, 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for modification of the application of 30 CFR 49.2(b) to its Last Chance Slope Mine located in eastern Pennsylvania. The Petitioner proposed an alternative method and suggested that a diminution of safety could result from application of the standard.
On September 7, 2000, the MSHA District Manager submitted a memorandum requesting dismissal of the petition stating that the mine has been abandoned since March 6, 2000. Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, West End Coal Company's Petition for Modification of 30 CFR 49.2(b) to its Last Chance Slope Mine 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