[DOCID: f:se2001113.wais] BLACK GOLD TRUCKING COMPANY August 22, 2001 SE 2001-113 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 August 22, 2001 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : : v. : Docket No. SE 2001-113 : BLACK GOLD TRUCKING COMPANY : BEFORE: Verheggen, Chairman; Jordan, Riley, and Beatty, Commissioners ORDER BY THE COMMISSION: This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1994) ("Mine Act"). On May 3, 2001, the Commission received from Black Gold Trucking Company ("Black Gold") a request to reopen a penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a). In a letter dated May 17, 2001, the Secretary of Labor informed the Commission that Black Gold was cited in error in the above- captioned case and that the Secretary's proceeding against the company in this matter has been terminated. Because the underlying citation that gave rise to Black Gold's motion to reopen has been terminated by the Secretary, we find the operator's motion to reopen moot. Accordingly, Black Gold's motion to reopen is denied. Theodore F. Verheggen, Chairman Mary Lu Jordan, Commissioner James C. Riley, Commissioner Robert H. Beatty, Jr., Commissioner Distribution Mike Perry, Partner Black Gold Trucking Company 80 Warrior Avenue Sumiton, AL 35148 W. Christian Schumann, Esq. Office of the Solicitor U.S. Department of Labor 4015 Wilson Blvd., Suite 400 Arlington, VA 22203