July 17, 2007

In the matter of: Petition for Modification The North American Coal Corporation

San Miguel Mine

ID No. 41-02840 Docket No. M-2007-017-C

PROPOSED ORDER OF DISMISSAL

On November 8, 2006, Petitioner requested a modification of the application of 30 C.F.R. § 77.405(b) to its San Miguel Mine located in Atascosa County, Texas. This petition was assigned Docket No. M-2006-084-C. The petitioner was advised by MSHA on March 8, 2007 that the correct standard for this petition for modification is 30 C.F.R. § 77.803. On March 9, 2007 petitioner submitted a request for modification of 30 C.F.R. § 77.803.

This amended request retained the original Docket No.

M-2006-084-C. On March 21, 2007, Petitioner submitted a second petition for modification of the application of 30 C.F.R.

§ 77.803 at the San Miguel Mine; it was assigned Docket No.

M-2007-017-C. The Petitioner alleged that the proposed alternative method would at all times provide the same measure of protection as the petitioned standard, 30 C.F.R. § 77.803.

On June 19, 2007, MSHA’s Administrator for Coal Mine Safety and Health issued a Proposed Decision and Order (PDO) to grant the North American Coal Corporation’s petition for modification of

30 C.F.R. § 77.803 at the San Miguel Mine under Docket No.

M-2006-084-C. The PDO permitted disabling the ground-check and ground-fault circuits while lowering or raising the dragline boom or mast during necessary repairs utilizing an onboard motor generator set, conditioned upon compliance with specific terms and conditions. Since the modification of §77.803 requested in the subject petition (M-2007-017-C) has already been granted by the PDO issued on June 19, 2007, the subject petition is not needed and should be dismissed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, the Petition for Modification of 30 C.F.R. § 77.803 at North American Coal Corporation’s San Miguel Mine, Docket No.

M-2007-017-C is hereby

2

DISMISSED

Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. 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.

Stephen J. Gigliotti

Acting Chief, Safety Division Coal Mine Safety and Health