Petition - Docket No. M-96-139-C

In the matter of
D.J.T. Coal Company
D.J.T. Slope Mine
I.D. No. 36-08454
Docket No. M-96-139-C

Date Issued: 08/02/1997


On October 15, 1996, D.J.T coal Compay 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 75.360(b)(5), a mandatory safety standard.

The petitioner withdrew this petition request by letter dated February 6, 1997, after a review of the mine's f iles revealed modification M-94-140-C for the referenced standard was granted on March 13, 1996. Consequently this petition is not needed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, D.J.T. Coal Company.'s Petition for Modification of 30 CFR 75.360(b)(5)  to its D.J.T. Slope 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 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