In the matter of
D.J.T. Coal Company
I.D. No. 36-08454
Date Issued: 08/02/1997
Petition for Modification
Docket No. M-97-021-C
PROPOSED ORDER OF DISMISSAL
On February 14, 1997, the D.J.T. Coal Company, filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CPR 44 et seq., for the modification of the application of 30 CFR §75.901, a mandatory safety standard.
On April 15, 1997, a request was received from the mine operator to withdraw this petition because the D.J.T. Slope Mine'a electrical power system had been upgraded to bring the power systtem into compliance with the requirements of 30 CPR 75.901.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine and Safety Health Act of 1977, 30 U.S.C., sec. 811(c), it is orderd that D.J.T. Coal Company's Petition for Modification of 30 CFR 75.901 in the D.J.T. Slope Mine is hereby 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 inthe 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
Chief, Division of Safety Coal Mine Safety and Health