| In the matter of Quarto Mining Company Powhatan No. 4 I.D. No. 33-01157 | Petition for Modification Docket No. M-95-152-C |
Date Issued: 01/10/1997
On April 21, 1993, a petition was filed seeking a modification of the application of 30 CFR 75.380(d)(4) to Petitioner's Powhatan No. 4 Mine, located in Monroe County, Ohio. A Proposed Decision and Order (PDO) denying this petition was issued on November 17, 1993. In response to this denial, the Petitioner requested a hearing before an Administrative Law Judge on December 17, 1993. On December 6, 1994, the Petitioner proposed an amendment to the petition asserting a diminution of safety. An Administrative Law Judge remanded the case back to the Administrator for Coal Mine Safety and Health on September 28, 1995, for him to issue an Amended PDO. On November 2, 1995, Petitioner requested an amendment to their petition for modification, docket number M-93-60-C. The amendment request was incorrectly assigned a new docket number, M-95-152-C. The petitioner's amendment request will be considered as part of the original section, M-93-60-C, and processed accordingly.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Quarto Mining Company's Petition for Modification of 30 CFR 75.380(d)(4) to its Powhatan No. 4 Mine, M-95-152-C, is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended (55 Federal Register) 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 the
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.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
