Petition for Modification

In the matter of 

Perry County Coal Corporation

E4-1 Mine

I.D. No. 1518565

Docket No. M-2002-091-C

30 CFR 75.350

PROPOSED ORDER OF DISMISSAL 

On October 18, 2002, an authorized agent for Perry County Coal Corporation 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 of30 CFR 75.350, a mandatory safety standard. 

On December 5, 2002, the same authorized agent for Perry County Coal Corporation, notified MSHA that the request for modification was withdrawn.  The bottom of the new slope and the intake shaft have been connected and it is not necessary to use belt air at the face eliminating the need for a modification of 30 CFR 75.350.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, that Perry County Coal Corporations Petition for Modification of 30 CFR 75.350­ to its No. E4-1 Mine 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. 

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 specificobjections 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.