In the matter of
South Akers Mining, LLC
South Akers # 2 Mine
l.D. No. 15-17739
Petition for Modification
Docket No. M-97-056-C
Date Issued: 0912611997
PROPOSED ORDER OF DISMISSAL
On April 14, 1997, South Akers Mining LLC, 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 1710-1, a mandatory safety standard.
The petitioner, by letter dated May 6, 1997, requested the petition be withdrawn, in part, because of the mining heights exceed 42 inches which permits the canopy on the equipment to be safely used.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, South Akers Mining LLC's Petition for Modification of 30 CFR 75.1710-1 to its South Akers # 2 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.
Chief, Division of Safety Coal Mine Safety and Health