In thE matter of
Quarto Mining Company
PowhaTan No.4
I.D.No.33--01157
Petition for Modification
Docket No.M-95-152-C
Date Issued: 01/01/1997
PROPOSED ORDER OF DISMISSAL
On April 21,1993, a petition was filed seeking a modification ofthe application of 30 CFR.75.380(d)(4) to Petioner's Powhatan No.4 Mine, located in Monroe County, Ohio. A Proposed Decision and Order (PDO) denying this petition was issued on November 17,1993. In response to this denial. the Petitioner requested a heering before an Administrative LawI Judge on December 17, 1993. On December 6, 1994, the Petitioner propoeed an amendment to the petition asserting a diminution of safety. An Administrative Law Judge remanded the case back to the Adminiatrator for Coal Mine Safety and Health on September 28,1995, for him to issue an Amended PDO. On November 2, 1995, Petitioner requested amemdment to their petition for modification, docket number M-93-60-C. The amendment request was incorrectly assigned a new docket number, M-95-152-C.The petitioner's amendment request will be considered as part of the original section, M-93-60-C, and processed aoconlingly.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Quarto Mining Comnpany's Petition for Modification of 30 CFR.75.380(d)(4) to its Powhatan No.4 Mine,M-95-152-C, is dismissed without prejudice.
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. If no request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health