In the matter of:                                                 Petition for Modification

Birdeye Coal Company, Inc. (Formerly Blue Arc Coal Company)

#2 Mine

Mine I.D. No. 15-14577

PROPOSED DECISION AND ORDER TO REVOKE

MSHA recordsindicate that underground workings of the referenced mine have been permanently abandoned and the surface opening to the mine sealed. MSHA has determined that the mining conditions have changed and that the modification is no longer needed at the referenced mine.  Wherefore, pursuantto the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101(c) of the Federal Mine Safety Health Act of 1977, 30 U.S.C. 811(c), the modification as it applies to thereferenced mine is hereby:

REVOKED

Pursuant to 30 CFR 44.52, revocations of the grantedmodifications will become final 30 days after service of this Proposed Decisionand Order to Revoke, unless ahearing is requested on the Decision and Order. Any party to this actiondesiring a hearingon 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 aconcise summary of the position on the issues of fact or law desiredto be raised by the party requesting the hearing, including specific objections to the proposeddecision. 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 to Revoke will become final.

Terry L. Bentley

Chief, Division of Safety

Coal Mine Safety and Health