In the matter of Petition for Modification
Bledsoe Coal Corporation
Mine No. 66
I.D. No. 15-17172 Docket No. M-97-046-C
Date Issued: 01/09/1998
PROPOSED ORDER OF DISMISSAL
On March 31, 1997, Bledsoe Coal Corporation 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 75.362(d)(2), a mandatory safety standard.
On May 15, 1997, Petitioner asked to withdraw the petition stating that “Mine No. 66 will complete mining of its reserves in the near future. As a result, Bledsoe Coal Corporation withdraws the petition for Mine No. 66.” MSHA District personnel verified that the petition allegation of a diminution of safety in the application was unfounded and that the petition is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Bledsoe Coal Corporation’s Petition for Modification of 30 CFR 75.362(d)(2) to its No. 66 Mine 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