Petition - Docket No. M-96-125-C

In the matter of
Cannelton Industries, Inc.
Mine No. 140
I.D. No. 46-08502
Docket No.  M-96-125-C

Date Issued: 05/29/1997

By petition for modification filed on September 26, 1996, Petitioner requested modification of the application of 30 CFR 75.362(d)(2) to Mine No. 140.

The Petitioner requested the petition for modification to be withdrawn because of plans to cease operations on or about January 29, 1997 in Mine No. 140.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Cannelton Industries, Inc.'s Petition for Modification of 30 CFR 75.362(d)(2) to its Mine No. 140 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