FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004‑1710

SECRETARY OF LABOR,                            :         Docket Nos.    LAKE 2008-378-R

  MINE SAFETY AND HEALTH                  :                                 LAKE 2008-379-R

  ADMINISTRATION (MSHA)                     :                                 LAKE 2008-380-R

                                                                          :                                 LAKE 2008-643

                        v.                                               :                                 LAKE 2009-72              

                                                                          :                                                        

BLACK BEAUTY COAL COMPANY         :

ORDER

            On March 12, 2012, Black Beauty Coal Company and the Secretary of Labor filed cross petitions for discretionary review on two distinct issues in the above-referenced cases. Both petitions were granted.

On June 21, 2012, the Commission received from counsel for Black Beauty a motion for oral argument in the above-referenced cases. The Commissioners have been polled and have decided to grant the motion.

Oral argument is hereby scheduled at the above address on Wednesday, October 29, 2014, at 10:00 a.m. Each side is allocated 15 minutes per issue for the presentation of argument on its appeal. Therefore, each party will have a total of 30 minutes to address both petitions. Black Beauty shall proceed first regarding its petition, and the Secretary of Labor shall proceed next. For the second petition, the Secretary of Labor shall proceed first, and Black Beauty shall proceed next. Each party may reserve up to five minutes of its designated time for rebuttal with regard to the specific issue it appealed.

The parties shall inform the Commission by October 22, 2014, of the names of counsel who will present argument.

                                                                                                For the Commission:

/s/ Patrick K. Nakamura

                                                                                                Patrick K. Nakamura

                                                                                                Acting Chairman