In the matter of Petition for Modification
Bledsoe Coal Corporation
No. 60 Mine
I.D. No. 15-12941 Docket No. M-2001-094-C
30 CFR 75.1711-1
PROPOSED ORDER OF DISMISSAL
On August 27, 2001, a petition was filed by Bledsoe Coal Corporation seeking a modification of the application of 30 CFR 75.1711-1 to the Petitioner's No. 60 Mine, located in Leslie County, Kentucky. The Petitioner alleges this alternate method will at all times provide the same degree of safety as the existing standard to permanently seal an existing eighteen foot diameter shaft. On January 16, 2002, MSHA received a letter from Bledsoe Coal Corporation requesting that its petition for modification be withdrawn. Therefore, the petition is not needed.
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 and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Bledsoe Coal Corporation's Petition for Modification of the application of 30 CFR 75.1711-1 in the No. 60 Mine is hereby dismissed without prejudice.
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, 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________________
Terry L. Bentley
Acting Chief, Division of Safety
Coal Mine Safety and Health