In the matter of
R. & D. Coal Company
Buck Mt. Slope Mine
I.D.No. 36-02053
Petition for Modification
Docket No. M-95-091-C
Date Issued: 03/28/1997
PROPOSED ORDER OF DISMISSAL
On June 23, 1995, R.& D.Coal Company filed a petition pursuant to 101(c) of the Federnal 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 75.1002-1(a),a mandatory safety standard.
MSHA conducted an investigation into the merits of the petition and determined that this standard was already modified at this mine in Docket No. M-93-118-C. Consequently, this petition is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, R& D.Coal Company's Petitionfor Modification of 30 CFR 7S.1002-1(a) to its Buck Mt. Slope Mineis 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.
Robm A.Elam
Deputy Administrator for Coal Mine Safety and Health