In the matter of
Three Way Coal Company
Little Vein Slope Mine
I.D.No.36-08332
Petition for Modification
Docket No. M-95-146-C
Date Issued: 01/10/1997
PROPOSED ORDER OF DISMISSAL
On September 29, 1995, Three Way Coal Company filed a petition pursuant 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 seq.,for the modification of the application of 3O CFR 75.1002-1, a mandatory safety standard.
MSHA conducted an investigation into the merits of the petition and detemined that the operator has no eleclric drags or battery powered locomotives in the mine. Consequently, this modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Three Way Coal Company's Petition for Modification of 3O CFR 75.1002-1to its Litlle Vein Slope Mine is dismissed without prejudice.
Ifa 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.
Rabert A. Elam
Deputy Administrator for Coal Mine Safety and Health