Petition - Docket No. M-98-061-C

In the matter of
Independence Coal Company, Inc.
Twilight Chilton-R Mine
I.D. No. 46-08514
Petition for Modification
Docket No. M-98-061-C


On August 18, 1998, Independence Coal Company, Inc. 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 75.1002, a mandatory safety standard.

On April 22, 1999, Petitioner submitted a request to withdraw the petition for modification, Docket No. M-98- 063-C, at the Twilight Chilton-R Mine, I.D. No. 46-08514. The Petitioner was contacted by phone to clarify the request. Petitioner confirmed that the petition for modification to allow the use of high-voltage continuous miners being processed under Docket No. M-98-061-C was the petition being withdrawn.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Independence Coal Company, Inc.'s Petition for Modification of 30 CFR 75.1002 to its Twilight Chilton-R 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 for Coal Mine Safety and Health