In the matter of
Indiana Coal Company
Buck Creek Mine
l.D. No. 12-02033
Petition for Modification
Docket No. M-96-005-C
PROPOSED ORDER OF DISMISSAL
On January 26, 1996, a petition was filed by Buck Creek Coal, Inc. seeking a modification of the application of 30 CPR.75.364(b)(4) to Petitioner's Buck Creek Mine, located in Sullivan County, Indiana. On April 2, 1996, an Updated Legal Identiy Notice was filed to notify the Mine Saftey and Health Administration (MSHA) that the operator of the mine had changed to Indiana Coal Company. Indiana Coal Company, when contacted by MSHA, did not wish to pursue the petition. On May 13, 1996, MSHA personnel reported that the mine is active but not producing coal, that the area where the inaccesible No.4 seal could not be examined is now within a larger sealed area, and that the petition is no longer needed.
Wherefore, pursuant to the authority delegated-by the Secretary of Labor for Coal Mine Safety and health, the petition suhmitted by Buck Creek Coal, Inc., for Modification of 30 CFR 75.364(b)(4) to its Buck Creek Mine is dismissed without prejudice.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR § 44.14, with the Administrator for Metal and Nonmetal, 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 and Order.
A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. Any party to this action requesting a hearing may indicate a desired hearing site. If a request for a hearing is not filed within 30 days of service thereof, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health