Petition for Modification
In the matter of
Coasta Coal-West
Virginia, LLC
Mine No. 10A
I.D. No.
46-08852
Docket No.
M-2002-109-C
30 CFR 75.1002
PROPOSED ORDER OF DISMISSAL
On November 14,
2002, Coastal Coal-West Virginia LLC, 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 75.1002, to it's Mine No. 10A, located in Webster County, West
Virginia.
However, on December
5, 2002, MSHA received a letter from the petitioner, which requested a
withdrawal of the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the
Administrator for Coal Mine Safety and Health, CoastalCoal-West LLC's Petition for Modification
of 30 CFR 75.1002 to its Mine No. 10A 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 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 hearingsite. If no request for a hearing is filed within
30 days afterservice thereof, the
Order of Dismissal will become final.
_________________________________
Erick H. Sherer
Acting Chief, Division of Safety
Coal Mine Safety and Health
