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Petition - Docket No. M-1997-045-C

In the matter of
Bledsoe Coal Corporation
No. 60 Mine
l.D. No. 15-12941
Docket No. M-1997-045-C
30 CFR 75.362(d)(2)

PROPOSED ORDER OF DISMISSAL

On March 31, 1997, Bledsoe Coal Corporation filed a petition pursuant to lOl(c) of the Federal Mine safety and Health Act of 1977, 30 U.S.C. sec. 8ll(c), and 30 CFR 44 et seq., for modification of the application of 30 CFR 75.362(d)(2) to its No. 60 Mine located near London, Kentucky. The Petitioner proposed an alternative method of achieving the result of standard. Disposition of petitions of this standard has been delayed by the Agency for further review.

The No. 60 Mine was removed from producing status on June 16, 2000. The underground areas of the No. 60 Mine have been abandoned and the surface openings have been permanently sealed.

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. 60 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. Ifno request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.

 

Terry L. Bentley
Acting Chief, Division of Safety Coal Mine Safety and Health