1. Department of Labor Mine Safety and Health Administration
201 12th Street South
Arlington, Virginia 22202-5452
In The Matter of
Original Sixteen to One Mine Inc. Sixteen to One Mine
1.D. No. 04-01299
PETITION FOR MODIFICATION
|
Docket No. |
30 C.F.R. |
Granted |
Finalized |
|
M-2000-002-M |
57.11059(b) |
08/22/2001 |
09/27/2001 |
PROPOSED DECISION AND ORDER TO REVOKE
MSHA has found that the findings and conditions that justified the modification have changed such that the modification is no longer warranted. A review of the subject petition was performed as part of a Regular (E-01) Inspection (event #6721503), November 1 through 10, 2016, which revealed the following changes in conditions at the mine:
§ There are no hoists currently listed as part of the mine's escape and evacuation plan (30 C.F.R. § 57.11453).
§ There were no certified hoist operators (30 C.F.R. § 57.19057 and 57.19058) observed at the mine during this inspection.
§ The mine's President, Michael M. Miller, stated that no personnel hoist has been used in the Sixteen To One Mine for at least ten years, with no plan to return to personnel hoisting at any point in the future.
Based on these facts, the modification is no longer needed at the referenced mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. Section 811(c), the modification as applied to the referenced mine is hereby:
REVOKED.
Pursuant to 30 CFR 44.52, revocations of the granted modification will become final 30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order. Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR Part 44.14, within 30 days. The request for hearing must be filed with the Administrator for Metal and Nonmetal Mine Safety and Health, 201 1ih Street South, Arlington, Virginia 22202.
You can now file your MSHA forms online at www.MSHA.gov. It's easy, it's fast, and it saves you money!
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the Proposed Decision and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. Any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the order to revoke will become final.
Kevin G. Stricklin
Acting Administrator for Metal and Nonmetal
Mine Safety and Health
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed, postage prepaid, this 15th day of December, 2016
Sheila McConnell, Director
Office of Standards, Regulations and Variances Mine Safety and Health Administration
201 12th Street, South
Arlington, VA 22202
Original Sixteen to One Mine Inc. Mr. Michael Miller, President
P.O. Box 909
Alleghany, CA 95910
Donald R. Vickers, PE
Senior Mine Safety and Health Specialist
Bee: Wyatt Andrews, District Manager OSRV
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