In the matter of Primrose Coal Company
Primrose Slope Mine
I.D.No.36-04629
Petition for Modification
Docket No. M-95-090-C
Date Issued: 04/12/1997
PROPOSED ORDER OF DISMISSAL
On June 23,1995, Primrose Coal Company filed a petition pursuant to 101(c) off the Federal Mine Safety and Health Act of 1977 (Mine Act), U.S.C.sec. 811(c),and 30 CFR 44 et seq , for the modification of the application of 30 CFR 75.1002-1(a), a mandatory safeguard.
MSHA conducted an investigation into the merits of the petition and detennined that this standard was already modified at the mine in Docket No.M-93-184-C. Consequently, this petition ia not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Primrose Coal Company's Petition for Modification of 30 CFR 75.1002-1(a) to its Primrose Slope Mine is dismissed without prejudice .
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 tor 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 iindicate 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.
Robert A.Elam
Deputy Administrator for Coal Mine Safety and Health