In the matter of: Petitions for Modification
Consol Pennsylvania Coal Company LLC (Formerly Consol Pennsylvania Coal Company)
Bailey Mine
I.D. No. 36-07230
|
Docket No. |
30 CFR Standard |
Granted |
Finalized |
|---|---|---|---|
|
M-1984-204-C |
75.1103-4(a) |
July 9, 1985 |
August 8, 1985 |
|
M-1987-027-C |
75.1101-8(a) |
September 11, 1987 |
October 11, 1987 |
|
M-1987-125-C |
75.503 |
July 18, 1988 |
August 17, 1988 |
|
M-1992-066-C |
75.503 |
November 20, 1992 |
December 20, 1992 |
|
M-1992-067-O |
75.804 |
December 20, 1992 |
January 19, 1993 |
|
M-1993-320-C |
75.364(b)(1) |
June 9, 1995 |
July 9, 1995 |
|
M-2006-068-C |
75.364(b)(1) |
December 13, 2007 |
January 12, 2008 |
PROPOSED DECISION AND ORDER TO REVOKE
On November 1, 2018, Michael Tennant, Safety Supervisor for Consol Pennsylvania Coal Company LLC's Bailey Mine located in Greene County, Pennsylvania notified MSHA that the above referenced petitions for modification are outdated and are no longer needed. He requested that the PDOs be revoked. MSHA has determined that the mining conditions have changed and that the PDOs are no longer needed at the referenced mine. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101(c) of the Federal Mine Safety Health Act of 1977, 30 U.S.C. 811(c), the modifications as they apply to the referenced mine are hereby:
REVOKED
Pursuant to 30 CFR 44.52, revocations of the granted modifications 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 44.14, within 30 days.
1 MSHA promulgated a new rule for high-voltage longwalls that became effective on May 10, 2002 (67 FR 10972). This new rule superseded IO I (c) petitions for modification filed and granted under§ 75.804(a).
The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202-5452. If a hearing is requested, the request shall contain a concise summary of the 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.
A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and 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.
______/s/_______
Stephen J. Gigliotti
Chief, Division of Safety
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 18th day of March , 2019, to:
Michael Tennant
Consol Pennsylvania Coal Company
Safety Supervisor
192 Crabapple Road
Wind Ridge, Pennsylvania 15380
michaeltennant@cnxlp.com
_____/s/________
Tammi Carrington
Secretary
cc: Mr. Colvin C. Carson, Director, Bureau of Mine Safety, PA Dept. of Environmental Protection 131 Broadview Road, New Stanton, PA 15672
cocarson@pa.gov