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Petition - Docket No. M-97-042-C

In the matter of 
Peabody Coal Company
Marissa Mine
I.D. No. 11-02440
Docket No. M-97-042-C

PROPOSED ORDER OF DISMISSAL

On March 27, 1997, Peabody Coal Company file a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1997 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.1905, a mandatory standard.

On July 15, 1998, Peabod Coal company submitted a letter indicatin that in the May 19, 1 998, correspondence requesting withdrawal of Docket No. M-97-043-C, a typgraphical error had been made and that the correct docket number to be withdrawn is M-97-042-C. Peabody Coal Company's intent was clarified by telephone and the request to withdraw the Petition for Modification of the application of 30 CFR 75.1905 at the Marissa Mine was confirmed.

Therefore, pursuant to the authority delegated by the  Secretary of labor to the Administrator for Coal  Mine Safety and Health, Peabody Coal Compnay's Petition for Modification of 30 CFR 75-1905 to its Marissa Mine is dismissed.

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 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