.
ORIGINAL SIXTEEN to ONE MINE, INC. 
November 28, 2001
WEST 2000-63-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                  1730 K STREET N.W., 6TH FLOOR

                    WASHINGTON,  D.C.  20006

                        January 30, 2002



SECRETARY OF LABOR,              :
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA)          :
                                 :
          v.                     : Docket Nos. WEST 2000-63-M
                                 :                  2000-78-M
ORIGINAL SIXTEEN                 :                 2000-195-M
  to ONE MINE, INC.              :


BEFORE: Verheggen, Chairman; Jordan, and Beatty, Commissioners

                               ORDER

BY: Jordan and Beatty, Commissioners

November 26, 2001, the Commission received from Original Sixteen 
to One Mine, Inc. ("Original Sixteen") a petition for discretionary 
review challenging the decision issued on October 19, 2001 by 
Administrative Law Judge Michael Zielinski. On November 28, 2001, 
a majority of the Commission granted the petition for the limited 
purpose of affording Original Sixteen an opportunity to amend its 
petition to comply with the requirements of section 113(d)(2)(A)(iii) 
of the Mine Act, 30 U.S.C. § 823(d)(2)(A)(iii), and Commission 
Procedural Rule 70(d), 29 C.F.R. § 2700.70(d). On December 17, 2001,
Original Sixteen filed an amended petition for discretionary review.
On January 2, 2002, the Commission received an opposition from the 
Secretary of Labor. Having considered the matter, we decline to grant 
review of the amended petition for discretionary review and vacate 
the direction for review issued on November 28.1


Mary Lu Jordan, Commissioner

Robert H. Beatty, Jr., Commissioner


Distribution
Michael M. Miller, 
President Original Sixteen to One Mine, Inc. 
P.O. Box 1621 Alleghany, CA 95910

Tina Perruzzi, Esq. 
Office of the Solicitor 
U.S. Department of Labor 
4015 Wilson Blvd., Suite 400 
Arlington, VA 22203

Administrative Law Judge Michael Zielinski 
Federal Mine Safety & Health Review Commission 
Office of Administrative Law Judges 
5203 Leesburg Pike, Suite 1000 
Falls Church, VA 22041



1 The Chairman would have accepted the operator’s amended petition for discretionary review.