| In the matter of Sky High Coal Company LV #3 Mine I.D. No. 3608405 | Petition for Modification Docket No. M-95-034-C |
Date Issued: 01/10/1997
By petition for modification filed on February 27, 1995, Petitioner requested modification of the application of 30 CFR 75.1200(d)(i) to its LV #3 Mine.
MSHA was unable to conduct an investigation into the merits of the petition. The mine has been in nonproducing status since March 8, 1995 and, therefore, the petition is not needed at this time.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Sky High Coal Company's Petition for Modification of the applica tion of 30 CFR 75.1200(d)(i) to its LV #3 Mine is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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 Peti
tioner 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.
_________________________________Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
