In the matter of Petition for Modification
Knox Creek Coal Corporation
Tiller No. 1 Mine
I.D. No. 44-06804 Docket No. M-99-120-C
PROPOSED ORDER OF DISMISSAL
On October 27, 1999, Knox Creek 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 75.350, to its Tiller No. 1 Mine, located in Tazewell County, Virginia.
However, on March 15, 2000, MSHA received a letter from the petitioner stating that "Knox Creek Coal Corporation (Petitioner), through its Safety Director, hereby withdraws its petition for modification of mandatory safety standard 30 CFR Part 75.350."
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Knox Creek Coal Corporation's Petition for Modification of 30 CFR 75.350 to its Tiller No.1 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.
_________________________________________
John F. Langton
Acting Chief, Division of Safety
Coal Mine Safety and Health