In the matter of
Martin County Coal Corp.
White Cabin No. 1 Mine
l.D. No. 15-17531
Petition for Modification
Docket No. M-1995-133-C
PROPOSED ORDER OF DISMISSAL
On September 11, 1995, Martin County Coal Corporation filed a petition pursuant to lOl(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 . for the modification of the application of 30 CFR 75.1103-4(a), a mandatory safety standard. Identical petitions requesting modification of that standard were filed for five of the corporation's then active underground coal mines. Before the investigations could be completed one of the mines exhausted its mineable coal reserves and was permanently abandoned. Subsequently, three more of the mines worked out and were abandoned. For each of the abandoned mines, a Proposed Decision and Order to dismisses the petition because the requested modification is no longer needed has been prepared. Underground mining at the White Cabin Mine No. 1has been suspended and the mine temporarily abandoned since April 16, 1997.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Martin County Coal Corporation's Petition for Modification of 30 CFR 75.1103-4(a) to its White Cabin No. 1Mine 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.
Ifa 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 co=ent 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