In the matter of
AMAX Coal Company
Wabash Mine
I.D.No.11-00877
Petition for Modification
Docket No. M-95-116-C
Date Issued: 07/31/1997
PROPOSED ORDER OF DISMISSAL
On August 24, 1995, Amax Coal Company filed a petition persuant 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 aeq for themoctifir«ion of the application of 30 CFR. 7S.364(b)(2), a mendeto7 safety atandard.
On March 25,1997, a Proposed Decision and Order was issued granting a modification of the petitioned standard. Before the 30-day waiting period which allows interested parties to atabearing had the petitioner notified the Mine Safety and Health Administration that the petitioned area had been designated as worked out and had been sealed. Therefore, the petitioned area was no longer subject to weekly examinations and the petition was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Amax Coal Compeay's Petition for Modification of 30 CFR 7S.364(b)(2) to its Wabash Mine is dismissed. This Proposed Order of Dismissal, when final, supercedes the Propsed Decision and Order issued March 25, 1997.
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