PROPOSED ORDER OF DISMISSAL

On September 19, 1996, The Abbott Engineering Inc., filed a petition pursuant on behalf of Beech Fork Processing Inc., 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 75.388(a)(3), a mandatory safety standard to Beech Fork Processing's Eagle Mine No. 8. However, on December 10, 1998, the petitioner informed MSHA by telephone that the area for which the petition was intended to apply had been completely mined out so that relief from the provisions of 30 CFR 75.388(a)(3) was not needed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Beech Fork Processing, Inc.'s Petition for Modification of 30 CFR 75.388(a)(3) to its Eagle Mine No. 8 is 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.

_________________________________ Allyn Davis Chief, Division of Safety Coal Mine Safety and Health