DATE: NOVEMBER 30, 1995
Case No. 95-MSA-3
In the Matter of:
McELROY COAL COMPANY
Petitioner
and
MINE SAFETY AND HEALTH ADMINISTRATION
(MSHA)
Party-in-Interest
ORDER OF REMAND
By motion dated November 28, 1995, counsel for the
petitioner, speaking on behalf both for her client and the party
in interest, has advised this court, which presently has
jurisdiction in the matter, that the parties have reached a
settlement. Petitioner moves, on behalf of both parties, that
the case be remanded to the Administrator for Coal Mine Safety
and Health for him to issue an Amended Proposed Decision and
order granting petitioner's request for modification of 30 C.F.R.
§75.364(b)(1) and (2). Wherefore, the above considered,
ORDER
IT IS ORDERED that the parties' joint request for remand be,
and the same is hereby, GRANTED. The matter is remanded to the
Administrator for Coal Mine Safety and Health for entry of an
appropriate order in light of the agreement of the parties.
MICHAEL P. LESNIAK
Administrative Law Judge
MPL/lab
