In the matter of
Harman Mining Corporation
I.D. No. 44-06500
Date Issued: 05/29/1997
Petition for Modification
Docket No. M-96-128-C
PROPOSED ORDER OF DISMISSAL
On October 7, 1996, Harman Mining 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 75.364, a mandatory safety standard.
On December 16, 1996, the petitioner asked to withdraw the petition on the basis that an alternative solution to the problem had been agreed to by all parties. MSHA District personnel confirmed that the aircourse segment and rooms driven greater than twenty feet which are inaccessible for examination are now within worked out areas addressed by the mine ventilation plan in a manner approved by the District Manager under the authority granted by 30 CFR 75.364(a)(2)(iv). As a result, 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, Harman Mining Corporation's Petition for Modification of 30 CFR 75.364 to its 1-A 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.
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 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