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Petition - Docket No. M-97-112-C

In the matter of
McElroy Coal Company
McElroy Mine
I.D. No. 46-01437
Petition for Modification
Docket No. M-97-112-C

PROPOSED ORDER OF DISMISSAL

On September 12, 1997, McElroy Coal Company, filed 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 75.312d), to it's McElroy Mine, located in  Marshall County, West Virginia. However, on September 5, 1997, MSHA had received a petition from the same McElroy Coal Company requesting a modification of 30 CFR 75.312(c) (Docket No. M-97-101-C) for the same McElroy Mine. The Administrator elected to combine Docket No. M-97-112-C into Docket No. M-97-101-C and issue one PDO for modification of 30 CFR 75.312(c) and (d).

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, McElroy Coal Company's Petition for Modification Docket No. M-97-112-C to its McElroy 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.