In the matter of
FKZ Coal Inc.
No. 1 Slope Mine
I.D. No. 36-08637
Docket No. M-98-008-C
PROPOSED ORDER OF DISMISSAL
On January 16, 1998, FKZ Coal Inc., filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1997, 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 75.1202-1(a), to its No. 1 Slope Mine, located in Northumberland County, Pennsylvania.
However, on May 5, 1998 MSHA recived a leterr from the petitioner, which requested a withdrawal of the petition.
Therefore, pursuant to the authority delegated by tho Secretary of Labor to the Administrator for Coal Mine Safety and Health, FKZ Coal Inc. Petition for Modification of 30 CFR. 75.1202-1(a) to its No. 1 Slope 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.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health