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Petition for Modification

In the matter of
Canyon Fuel Company, L.L.C.
(Formerly Utah Fuel Company)
Skyline Mine No. 1
I.D. No. 42-01435
Docket No. M-1996-079-C
30 CFR 75.350

PROPOSED ORDER OF DISMISSAL

On July 2, 1996, Canyon Fuel Company, L.L.C. filed a petition pursuant to 101(c) of the Federal Mine safety and Health Act of 1977, 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for modification of the application of 30 CFR 75.350 to its Skyline Mine No. 1 located in Carbon County, Utah. The Petitioner proposed an alternative method of achieving the result of standard.

The underground areas of the Skyline Mine No. 1 have been interconnected with the Skyline Mine No. 3. The name and legal identity number of the Skyline Mine No. 1 has been abandoned. A final decision for the Skyline Mine No. 3, filed under the same docket number, will affect the entire underground mine complex.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Canyon Fuel Company, L.L.C.'s Petition for Modification of 30 CFR 75.362(d)(2) to its Skyline Mine No. 1 is hereby 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.

_________________________________

Terry L. Bentley
Acting Chief, Division of Safety
Coal Mine Safety and Health