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Petition - Docket No. M-1997-024-C

In the matter of
RoxCoal Incorporated
Diamond T B Mine
l.D. No. 36-08223
Diamond T C Mine
l.D. No. 36-08214
Longview Mine
l.D. No. 36-03248
Docket No. M-1997-024-C
30 CFR 75.362(d)(2)

PROPOSED ORDER OF DISMISSAL

On February 28, 1997, a petition was filed by RoxCoal Incorporated seeking a modification of the application of 30 CFR 75.362(d)(2) to Petitioner's Diamond T B Mine, Diamond T C Mine and Longview Mine, all located in Somerset County, Pennyslvania. The Petitioner alleged that application of the standard will result in a
diminution of safety to the miners and that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

On October 1, 1999, MSHA inspection personnel notified the Administrator for Coal Mine Safety and Health that the Diamond T B Mine was permanently abandoned and the openings to the surface sealed. Therefore, the petition is no longer needed.

On June 27, 2000, MSHA inspection personnel notified the Administrator for Coal Mine Safety and Health that the Diamond T C Mine was permanently abandoned and the openings to the surface sealed. Therefore, the petition is no longer needed.

On July 7, 2002, MSHA inspection personnel notified the Administrator for Coal Mine Safety and Health that the Longview Mine reserves are worked out and the mine status changed to "BA - men working, non­
producing" while the underground mining equipment is recovered. The District inspection personnel confirm the mine will be permanently abandoned and the openings to the surface sealed within the next few months.
Therefore, the petition is no longer needed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, RoxCoal Incorporated's Petition for Modifications of 30 CFR 75.362(d)(2) to its 30 CFR 75.362(d)(2) to Petitioner's Diamond T B Mine, Diamond T C Mine and Longview Mine, are dismissed.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended (55 Federal Register) within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

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 the 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.

Michael P. Miano
Chief, Division of Safety Coal Mine Safety and Health