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Petition - Docket No. M-96-103-C

In the matter of
Left Fork Mining, Inc. Straight Creek No. 1 Mine l.D. No. 15-12564
Petition for Modification

Docket No. M-96-103-C

Date Issued: 0912611997

PROPOSED ORDER OF DISMISSAL

On September 10, 1996, Left Fork Mining, Inc. filed a petition pursuant to lOl(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 75.1103-4(a), a mandatory safety standard.

Review of the record finds that an identical petition had been submitted June 14, 1996, and assigned Docket No. M-96-073-C. That petition was investigated and MSHA issued a Proposed Decision and Order (PDO), granting Left Fork Mining, Inc. a modification of the application of 30 CFR 75.1103-4(a) to its Straight Creek #1 Mine. The PDQ for Docket No. M-96-073-C became final May 29, 1997. As a result, the petitioner's requested modification under Docket No. M-96-103-C is not needed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Left Fork Mining, Inc. 's Petition for Modification of 30 CFR 75.1103-4(a) to its Straight Creek No. 1 Mine is dismissed.

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