In the matter of: Petition for Modification Ken American Resources, Inc.
Paradise #9 Mine
ID No. 15-17741 Docket No. M-2007-068-C PROPOSED ORDER OF DISMISSAL
On November 20, 2007, KenAmerican Resources, Inc. filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 811(c), and 30
C.F.R. 44 et seq., for the modification of the application of 30 C.F.R. § 75.364(b)(2) at its Paradise #9 Mine, located in Muhlenberg County, Kentucky.
On February 25, 2008, the Division of Safety received a letter from the petitioner requesting the petition be withdrawn. The operator rehabilitated the area and as a result, the petition is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, KenAmerican Resources, Inc.’s Petition for Modification of 30 C.F.R. § 75.364(b)(2) to its Paradise #9 Mine is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 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 may 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.
Stephen J. Gigliotti Chief, Safety Division for
Coal Mine Safety and Health