In the matter of
Tennessee Energy Corporation
Mine No. 41
l.D. No. 40-02875
Petition for Modification
Docket No. M-96-038-C
Date Issued: 0810211997
PROPOSED ORDER OF DISMISSAL
On April 16, 1996, Tennessee Energy Corporation 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 30 CFR 75.1405, a mandatory safety standard. MSHA personnel conducted an investigation into
the petition. However, since filing this petition the operator requested that it be withdrawn based on the fact that Mine No. 41 has been connected with and is now a part of Mine No. 43 (MSHA l.D. No. 40-02972). Since the haulage of supplies is being conducted from the portals at Mine No. 43, which was granted a modification of 30 CFR 75.1405 and became effective on April 19, 1997 (Docket No. M-96-014-C), there is no longer any need for this petition at Mine No. 41.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Tennessee Energy Corporation's Petition for Modification of 30 CFR 75.1405 to its Mine No. 41 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 for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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.
Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health