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Petition - Docket No. M-98-02-C

Petition for Modification
In the matter of
Mountain Coal Company L.L.C.
West Elk Mine
l.D. No. 05-03672
Docket No. M-98-02-C
30 CFR 75.380(d)(5)

PROPOSED ORDER OF DISMISSAL

January 9, 1998, Mountain Coal Company, L.L.C., filed a petition pursuant to lOl(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 81l(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.380(d)(5), to its West Elk Mine, located in Gunnison County, Colorado.

However, on September 4, 2001, 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, Mountain Coal Co.'s, Petition for Modification of 30 CFR 75.380(d)(5) to its West Elk 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, 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.

 

William P. Knepp
Acting Chief, Division of Safety Coal Mine Safety and Health