Petition for Modification
In the matter of
Dickenson-Russell Coal Company, LLC (Former Clinchfield Coal Company)
McClure No. 2 Mine
I.D. No. 44-04946
Docket No. M-98-107-C
PROPOSED ORDER OF DISMISSAL
On November 4, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.1710-1(a) to the Petitioner's McClure No. 2 Mine, located in Dickenson County, Virginia. The Petitioner alleged that application of this standard would result in a diminution of safety to the miners.
Ownership of the mine was transferred from Clinchfield Coal Company to Dickenson-Russell Coal Company, LLC, on December 13, 2002. On March 19, 2003, MSHA received a letter from Dickenson-Russell Coal Company, LLC, requesting that the petition for modification be withdrawn. Consequently, the petition is dismissed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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 hearing site.
If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Terry L. Bentley
Acting Chief, Division of Safety Coal Mine Safety and Health