In the matter of
Petition for Modification
Sky High Coal Company
I.D. No. 3608405
Docket No. M-95-031-C
Date Issued: 01/10/1997
PROPOSED ORDER OF DISMISSAL
By petition for modification filed on February 27, 1995, Petitioner requested modification of the application of 30 CFR 75.340 to its LV #3 Mine.
MSHA was unable to conduct an investigation into the merits of the petition. The mine has been in nonproducing status since March 8, 1995 and, therefore the petition is not needed at this time.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Sky High Coal Company's Petition for Modification of the application of 30 CFR 75.340 to its LV #3 Mine is 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 tor 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 iindicate 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.
Rober A. Elam
Deputy Administrator for Coal Mine Safety and Health