In the matter of
Jim Walter Resources, Inc.
No. 4 Mine
I.D. No. 01-01247
Petition for Modification
Docket No. M-98-070-C
PROPOSED ORDER OF DISMISSAL
On June 22, 1998, Jim Walter Resources, Inc. filed a petition pursuant to 101(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 75.364(b)(2), a mandatory safety standard.
On October 29, 1998, Petitioner submitted a request to withdraw the petition and MSHA district personnel confirmed that the petition’s alleged diminution of safety for mine examiners conducting weekly examinations of the petitioned area would not exist until the aircourse was created and weekly examinations became necessary.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Jim Walter Resources, Inc.’s Petition for Modification of 30 CFR 75.364(b)(2) to its No. 4 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 final.
Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health