Petition - Docket No. M-98-036-C

In the matter of
Performance coal Company
Upper Big Branch Mine-South
I.D. No. 46-08436
Petition for Modification
Docket No. M-98-036-C 


On March 23, 1998, Performance coal Company 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 75.350, to its Upper Big Branch Mine-South, located in Raleigh County, West Virginia.

However, on June 11, 1998 MSHA received a letter from the petitioner, which requested a withdrawal of the petition for its Upper Big Branch Mine-South.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Performance Coal Company’s Petition for Modification of 30 CFR 75.350 to its Upper Big Branch Mine-South 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.


Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health