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Petition - Docket No. M-97-086-C

In the matter of
W.V..H. Enterprises, Inc.
Meadow Run Mine
I.D. No. 36-07987
Petition for Modification
Docket No. M-97-086-C

PROPOSED ORDER OF DISMISSAL

On July 10, 1997 a petition was filed seeking a modification of the applicationof 30 CFR 75.350 to Petitioner's Meadow Run Mine located in Greene County, Pennsylvania. The Pettioner alleges that the altmnative method outlined in the pelition will at all times guarantee no Iess than the same measure of protection afforded by the standard.

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with thee Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition, MSHA'a investigative report and recommendation, this Proposed Decision and Order is issued.

Wherefore, pursuant to the authoirty delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of teh Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that W.V. H&H Enterprises, Inc.'s Petition for Modification of the application of 30 CFR 75.350 in the  Meadow run Mine is hereby:

DISMISSED.

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

Robert A. Elam
Administrator for Coal Mine Safety and Health