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Petition - Docket No. M-1995-136-C

In the matter of

Pilgrim Mining Company, Inc.

Pilgrim Mine Number Three

l.D. No. 15-17359

Petition for Modification

 

Docket No. M-1995-136-C

 

PROPOSED ORDER OF DISMISSAL

 

On September 11, 1995, Pilgrim Mining Company, Inc. filed a petition pursuantto lOl(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 . for the modification of the application of 30 CFR 75.1103-4(a), a mandatory safety standard. Pilgrim Mining Company, Inc. is a subsidiary of Martin County Coal Corporation. Identical petitions requesting modification of that standard were filed for five of the corporation's then active underground coal mines. Before the investigations could be completed one of the mines exhausted its mineable coal reserves and was permanently abandoned.

Subsequently, three more of the mines worked out and were abandoned. For each of the abandoned mines, a Proposed Decision and Order to dismisses the petition because the requested modification is no longer needed has been prepared. Underground mining at the Pilgrim Mine Number Three has been suspended and the mine permanently abandoned since April 11, 1997.

 

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Pilgrim Mining Company, lnc.'s Petition for Modification of 30 CFR 75.1103-4(a) to its Pilgrim Mine Number Three 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.

 

Ifa 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.

 

John F. Langton

Acting Chief, Division of Safety Coal Mine Safety and Health