Petition - Docket No. M-1990-052-C

5/1/20

In the matter of:                                                                    Petitions for Modification
Consol Pennsylvania
Coal Company LLC
Enlow Fork
Mine I.D. No.: 36-07416

PROPOSED DECISION AND ORDER TO REVOKE

On February 25, 2020, Frank O’Brien, Safety Supervisor for Consol Pennsylvania Coal Company LLC – Enlow Fork Mine located in Washington County Pennsylvania, informed Jeremy Williams, District 2 ventilation supervisor that these petitions are no longer relevant at the Enlow Fork Mine. For Dockets 1990-052 and 1990-053 the regulations have been revised, therefore, these petitions no longer apply. As for Docket 2005-001, deals with weekly examinations near the old Enlow Portal Bottom and this area has been sealed.

MSHA has determined that the mining conditions have changed and that the modifications are no longer needed at the referenced mine. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, 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. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, at 201 12th Street South, Suite 401, 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 may 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
Mine Safety and Health Enforcement

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 _1st day of  May, 2020, to:

Addressee of Record
Mr. Frank O'Brien
Safety Supervisor
Consol Pennsylvania Coal Company LLC
267 Archer Road
Prosperity, PA 15329
FrankOBrien@consolenergy.com

              /s/                
Michele Gussie
Secretary

cc:        Eugene White, Office of Miners’ Health Safety & Training Dept. of Energy, Division of Mines & Minerals
1615 Washington Street, Charleston, WV 25311 Eugene.E.White@wv.gov