Petition for Modification
Inthe matter of Excel Mining, LLC
Mine No. 1
I.D. No. 15-08413
Mine No. 2
I.D. No. 15-09571
Mine No. 3
I.D. No. 15-08079
Docket No. M-2000-164-C
30 CFR 75.701
PROPOSED ORDER OF DISMISSAL
On December 14, 2000, the Excel Mining, LLC, filed a petition pursuant to lOl(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 IDllll., for the modification of the application of 30 CFR 75.701, a mandatory safety standard.
On February 1, 2001, a request was received from the mine operator to withdraw the petition for the above mines owned by Excel Mining, LLC.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Excel Mining, LLC's Petition for Modification of 30 CFR 75.701 for Mine No. 1, Mine No. 2, and Mine No. 3, 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.
Terry L. Bentley
Acting Chief, Division of Safety Coal Mine Safety and Health