In the matter of: Petition for Modification
Consolidation Coal Company Blacksville No. 2 Mine
Mine I.D. No. 46-01968
Docket No. 30 CFR Standard Granted Finalized
M-1994-087-C 75.364(b)(1) June 8, 1995 July 8, 1995
PROPOSED DECISION AND ORDER TO REVOKE
On September 8, 2004, MSHA received notification from the mine operator stating that the modification is no longer needed at the referenced mine. The operator requested that Petition No. M-1994-087-C be withdrawn because the area where the petition was granted has now been rehabilitated; the modification is no longer needed at the referenced mine. Wherefore, pursuant to 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 the referenced mine is hereby:
REVOKED
Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order. 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 the 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 to Revoke will become final.
Terry L. Bentley
Chief, Division of Safety
Coal Mine Safety and Health