| In the matter of Marfork Coal Company, Inc. Outpost West Mine I.D. No. 46-08295 Outpost East Mine I.D. No. 46-08296 White Queen Mine I.D. No. 46-08297 Brushy Eagle I.D. No. 46-08315 Low Gap Powellton No. 2 Mine I.D. No. 46-08442 Birch Fork Mine I.D. No. 46-08493 | Petition for Modification Docket No. M-95-170-C |
Date Issued: 01/11/1997
On November 7, 1995, Marfork Coal Company, 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 75.333(d)(1), a mandatory safety standard.
On May 6, 1996, a request was received by the Administrator for Coal Mine Safety and Health from the petitioner for withdrawal of the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Marfork Coal Company, Inc.'s Petition for Modification of 30 CFR 75.333(d)(1) to its Outpost West Mine, Outpost East Mine, White Queen Mine, Brushy Eagle Mine, Low Gap Powellton No. 2 Mine, and Birch Fork Mine is dismissed without prejudice.
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 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 |
