In the matter of
H.D.F. Mine Number #1
l.D. No. 15-17613
Petition for Modification
Docket No. M-97-143-C
Date Issued: 04/17/1997
PROPOSED ORDER OF DISMISSAL
On December 4, 1997, H.D.F.Inc. 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 75.1710(1)(a), a mandatory safety standard.
The Petitioner requested relief to give effect as a part of the requested modification. As a result, MSHA expedited its investigation. That investigation found that the mine's face equipment was properly equipped with the required cabs and canopies and that the only mobile equipment not equipped with cabs or canopies were the scoops which traveled the roadway between the section and the surface which had locations where the height is 42 inches or less. Therefore, the investigators determined that the mine was in compliance with the standard and that the petition was not needed. The petitioner also provided to the investigators a signed request to withdraw the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, H.D.F.Inc's Petition for Modification of 30 CFR 75.1710(1)(a) to its H.D.F. Inc. Mine Number #1 Mine is 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 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 fmal.
Chief, Division of Safety Coal Mine Safety and Health