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Petition - Docket No. M-1998-014-C

In the matter of
Consolidation Coal Company
Blacksville No. 2 Mine
l.D. No. 46-01968
Petition for Modification
Docket No. M-1998-014-C

PROPOSED ORDER OF DISMISSAL

On January 26, 1998, Consolidation Coal Company 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 75.1700, a mandatory safety standard.

MSHA conducted investigation and based upon the reco=endations, modified the petitioners proposed alternative method and issued a Proposed Decision and Order (PDQ) January 20, 1999.

On February 15, 1999, the petitioner requested a hearing before the Department of Labor's Office of Administrative Law Judges pursuant to 30 CFR 44.14, contesting a number of terms and conditions in the Administrator's PDQ. The United Mine Workers of America submitted co=ents concerning the PDQ and became a party in interest to the hearing proceedings. A pre-hearing conference was held before Administrative Law Judge Daniel Leland on June 15, 1999, at which all parties were represented. Because the parties could not reach a settlement at the conference, it was agreed that this case should be remanded back to the Administrator for further investigation. The Administrator submitted an unopposed Motion for Remand, which was granted by Judge Leland on July 19, 1999.

MSHA conducted further investigation and based upon the reco=endations, issued an Amended PDQ on March 14, 2000.

On April 11, 2000, Consolidation Coal Company, filed a notice of withdrawal for its petition stating that the petition was no longer necessary.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Consolidation Coal Company's Petition for Modification of 30 CFR 75.1700 to its Blacksville No. 2 Mine is dismissed. Consequently, the modification of 30 CFR 75.1700 granted this mine under the PDQ issued July 18, 1980 and Finalized August 18, 1980, (Docket No. M-79-0256-C) remains in effect.

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 su=ary 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