Petition - Docket No. M-97-118-C

In the matter of
Arch of Kentucky
No. 37 Mine
l.D. No. 15-04670
Petition for Modification
Docket No. M-97-118-C

Date Issued: 04/19/1997


On October 6, 1997, Arch of Kentucky, 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 75.360(b)(9), to its No. 37 Mine, located in Harlan County, Kentucky.

However, on February 4, 1998, MSHA received a letter from the petitioner, which stated, "Since Arch of Kentucky has ceased production, we no longer see a need for the petition", and requested the petition be dismissed.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Arch of Kentucky's Petition for Modification of 30 CFR 75.360(b)(9) to its No. 37 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 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.


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