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Petition - Docket No. M-97-032-C

In the matter of
Eastern Associated Coal corporation
Harris/Rocklick Coal Handling Facility
I.D. No. 46-08610
Docket No. M-97-032-C

PROPOSED ORDER OF DISMISSAL

On March 4, 1997, Eastern Associated Coal Corporation 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, for the modification of the application of 30 CFR 75.350, to its harris/Rocklick Coal Handling Facility, located in Boone County, West Virginia.

However, on June 3, 1998 MSHA received a letter from the petitioner, which requested a withdrawal of the petition for tis Harris/Rocklick Coal Handling facility.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Eastern Associated Coal Corporation's Petition for Modification of 30 CFR 75.350 to its Harris/Rocklick Coal Handling Facility is dismissed.

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 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 inthe 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.

Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health