Petition - Docket No. M-1993-320-C

In the matter of:                                                     Petitions for Modification

Consol Pennsylvania Coal Company LLC (Formerly Consol Pennsylvania Coal Company) Bailey Mine

I.D. No. 36-07230

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Mine located in Greene County, Pennsylvania notified MSHA that the above referenced petitions for modification are outdated and are no longer needed.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 JO, 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 This new rule superseded IO I (c) petitions for modification filed and granted under§ 75.804(a).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, 20112th 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