| In the matter of Indiana Coal Company Buck Creek Mine I.D. No. 12-02033 | Petition for Modification Docket No. M-96-005-C |
Date Issued: 04/12/1997
PROPOSED ORDER OF DISMISSAL
On January 26, 1996, a petition was filed by Buck Creek Coal, Inc. seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Buck Creek Mine, located in Sullivan County, Indiana. On April 2, 1996, an Updated Legal Identity Notice was filed to notify the Mine Safety and Health Administration (MSHA) that the operator of the mine had changed to Indiana Coal Company. Indiana Coal Company, when contacted by MSHA, did not wish to pursue the petition. On May 13, 1996, MSHA personnel reported that the mine is active but not producing coal, that the area where the inaccessible No. 4 seal could not be examined is now within a larger sealed area, and that the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, the petition submitted by Buck Creek Coal, Inc., for Modification of 30 CFR 75.364(b)(4) to its Buck Creek 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 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.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, the petition submitted by Buck Creek Coal, Inc., for Modification of 30 CFR 75.364(b)(4) to its Buck Creek 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 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 |
