Petition - Docket No. M-97-047-C

In the matter of Leeco, Inc.
Mine No. 63
l.D. No. 15-16413
Docket No.M-97-047-C
30 CFR 75.362(d)(2)


On April 7, 1997, Leeco, Inc. filed a petition pursuant to lOl(c) of the Federal Mine safety and Health Act of 1977, 30 U.S.C. sec. 81l(c), and 30 CFR 44 et seq., for modification of the application of 30 CFR 75.362(d)(2) to its Mine No. 63 located in Perry County, Kentucky. The Petitioner proposed an alternative method.

The MSHA district office submitted a memorandum indicating that the mine was permanently abandoned by status change dated September 15, 1998. Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Leeco, Inc.'s Petition for Modification of 30 CFR 75.362(d)(2) to its Mine No. 63 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.


John M. Pyles
Acting Chief, Division of Safety Coal Mine Safety and Health