Petition - Docket No. M-97-01-M

In the matter of
Hecla Mining Company
The Rosebud Mining Company, LLC
Rosebud Unit Mine
ID No. 26-02241
Docket No. M-97-01-M


Hecla Mining Company, and The Rosebud Mining Company, LLC (Rosebud) filed a petition on February 3, 1997, seeking to modify the application of 30 CFR § 57.9300(a), which requires the use of berms and guard rails on elevated roadways. Petitioners' Rosebud Unit Mine, located in Humboldt county, Nevada, is an underground gold and silver mine using conventional mining methods to recover gold and silver ore.

On February 23, 1999, MSHA's Metal and Nonmetal Western District office recommended that the Administrator dismiss the petition because the Petitioners are currently in compliance with the standard. Guardrails have been installed on all roads subject to the petition and the oustanding citation issued on December 9, 1996, has been abated on January 11, 1999.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Safety and Health, Petition No. M-97-01-M, seeking modification of 30 CFR § 57.9300(a), at the Rosebud Unit Mine is DISMISSED.

Any party to this action desiring a hearing on this matter must file  a request for hearing in accordance with 30 CFR §44.14, within 30 days. The request for hearing must be filed with the Administrator for Metal and Nonmetal Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.

A hearing request must 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.


Earnest C. Teaster, Jr.
Administrator for Metal and Nonmetal Mine Safety and Health