In the matter of
Marfork Coal Company,Inc.
Outpost West Mine
I.D. No. 46-08295
Oulpost East Mine
I.D. No. 46-08296
White Queen Mine
I.D. No. 46-08297
Brushy Eagle
I.D. No. 46-08315
Low GapPowdlton No.2 Mine
I.D. No. 46-08442
Petition for Modification
Birch Folk Mine
I.D. No. 46-08493
Docket No .M-95-170-C
Date Issued: 01/11/1997
PROPOSED ORDER OF DISMISSAL
On November 7, 1995, Marfork Coal Company, Inc., filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq.,f or the modificaticm of the application of 30 CFR 75.333(d)(1), a mandatory safety standard.
On May 6, 1996, a request was received by the Administrator for for Coal Mine Safety and Health from the petitioner for withdrawal of the petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Healt, Marfork Coal Company, lnc's Pelition for Modification of 30 CFR 75.333(d)(1) to its Outpost West Mine, Outpost East Mine, While Queen Mine, Brushy Eagle Mine, Low Gap Powellton No. 2 Mine, and Birch Fork Mine 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 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.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health