In the matter of
New Warwick Mining Company
New Warwick Mine
I.D. No. 36-02374
Docket No. M-96-043-C
Date Issued: 04/12/1997
PROPOSED ORDER OF DISMISSAL
By petition for modification file on April 29, 1996, Petitioner requested modification of the application of 30 CFR 75.364(b)(2) to Petitioner's New Warwick Mine, located in Green County, Pennsylvania. The petition alleged that application of the standard would result in a diminution of safety to miners and that the petition alternative method would provide the same measure of protection as the standard. On July 29, 1996 the Petitioner submitted a request to withdraw the petition because the area is now common with another return which is traveled weekly. On Septemer 11, 1996, MSHA personnel confirmed that the roof fallen area could be by-passed on an alternate route which is in a common entry of the aircourse and that the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, New Warwick Mining Company's Petition for Modification of 30 CPR.75.364(b)(2) to its New Warwick 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 for 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 bearing, 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.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health