<DOC>
[DOCID: f:faith96.wais]

 
FAITH COAL CO.
March 14, 1996
SE-91-97


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                     1730 K STREET NW, 6TH FLOOR

                       WASHINGTON, D.C.  20006


                            March 14, 1996

SECRETARY OF LABOR,                :
  MINE SAFETY AND HEALTH           :
  ADMINISTRATION (MSHA)            :
                                   :
           v.                      :    Docket Nos. SE-91-97, etc.
                                   :
FAITH COAL CO.                     :


                                ORDER

     On August 28, 1995, the Commission granted the cross
petitions for discretionary review filed by Faith Coal Co. ("Faith")
and the Secretary of Labor.  Pursuant to Commission Procedural
Rule 75, 29 C.F.R. § 2700.75,[1] Faith's opening brief was due to be
filed on September 27, 1995.  On January 26, 1996, the Secretary
filed a Motion to Dismiss For Want of Prosecution ("Motion") pursuant
to Commission Procedural Rule 75(e), 29 C.F.R. § 2700.75(e).[2]
On February 1, the Commission received Faith's response to the
Secretary's opening brief.  To date, the Commission has not
received Faith's opening brief, nor has Faith designated its petition
as its brief.  Further, Faith has filed no opposition to the Motion.

     Faith is hereby ordered to show cause within 14 days of the
date of this order why its appeal should not be dismissed.


                         Mary Lu Jordan, Chairman

                         Joyce A. Doyle, Commissioner

                         Arlene Holen, Commissioner

                         Marc Lincoln Marks, Commissioner

                         James C. Riley, Commissioner


**FOOTNOTES**

     [1]:  Rule 75 provides, in part:

               (a)   Time  to  file.   (1)  Opening and
          response  briefs.  Within 30 days  after  the
          Commission     grants    a    petition    for
          discretionary review,  the  petitioner  shall
          file  his  opening  brief.  If the petitioner
          desires, he may notify the Commission and all
          other parties within  the  30-day period that
          his  petition  and any supporting  memorandum
          are to constitute his brief. . . .

     [2]:  Rule 75(e) provides:

                Consequences of petitioner's failure to
          file brief.  If  a petitioner fails to timely
          file a brief or to  designate the petition as
          his brief, the direction  for  review  may be
          vacated.


Distribution:

  Hobart W. Anderson, President
  Broken Hill Mining Company, Inc.
  P.O. Box 356
  Sidney, KY 41564
  (Certified Mail)

  Cheryl C. Blair-Kijewski, Esq.
  Office of the Solicitor
  U.S. Department of Labor
  4015 Wilson Blvd., Suite 400
  Arlington, VA 22203
  (Certified Mail)