In the matterof: Petition for Modification
Helvetia Coal Company
Lucerne No. 6 Extension Mine
I.D. No. 36-07691
Docket No 30 CFR Standard Granted Finalized
M-1994-097-C 75-1100-2(e)(2) August 29, 1995 September 28, 1995
PROPOSED DECISIONAND ORDER TO REVOKE
MSHA records indicate that underground workingsof the referenced mine have been permanently abandoned and the surfaceopening to the mine sealed. MSHA has determined that the mining conditions have changed and that the modification is no longerneeded at the referenced mine. Wherefore, pursuant to the authority delegated by the Secretaryof Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101(c)of the Federal Mine SafetyHealth Act of 1977, 30 U.S.C. 811(c),the modification as it appliesto the referenced mine is hereby:
REVOKED
Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after serviceof this ProposedDecision and Order to Revoke,unless a hearingis requested on the Decision and Order. Any party to this action desiringa 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, Virginia22209-3939.
If a hearing is requested, the requestshall contain a concisesummary of the position on the issuesof fact or law desiredto 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 commentupon all issuesof fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desiredhearing site.
If no request for a hearingis filed within30 days after servicethereof, the Order to Revokewill become final.
TerryL. Bentley
Chief, Divisionof Safety
Coal Mine Safety and Health