MAR 19 2020
In the matter of: Petition for Modification
Cumberland Contura, LLC
(formerly: RAG Cumberland Resources LP)
Cumberland Mine
I.D. No. 36-05018 Docket No. M-2000-015-C
PROPOSED DECISION AND ORDER TO REVOKE
MSHA has determined that the subject modification Docket M-2000-015-C was superseded by the Proposed Decision and Order (PDO) to grant Petition for Modification Docket No. M-2017-042-C, which was issued on January 21, 2020 and became final on February 20, 2020. Both petitions are pursuant to 30 C.F.R. § 75.503 (18.35(a)(5)(i), which reads as follows,
30 CFR § 75.503 provides in part:
The operator of each coal mine shall maintain in permissible condition all electric face equipment required by §§75.500, 75.501, and 75.504 to be permissible which is taken into or used inby the last open crosscut of any such mine.
30 CFR § 18.35(a)(5)(i) provides in part:
- Ordinarily the length of a portable (trailing) cable shall not exceed 500 feet. Where the method of mining requires the length of a portable (trailing) cable to be more than 500 feet, such length of cable shall be permitted only under the following prescribed conditions:
- The lengths of portable (trailing) cables shall not exceed those specified in Table 9, Appendix 1, titled "Specifications for Portable Cables Longer than 500 Feet."
The petitioner is requesting to include additional AWG sized trailing cables as an alternative method that is not included in Docket M-2000-015-C.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section l0l(c) of the
Federal Mine Safety and Health Act of 1977, 30 U.S.C § 811(c), the modification as it applies to the referenced mine is hereby:
REVOKED.
Pursuant to 30 C.F.R. § 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 C.F.R. § 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, Mine Safety and Health, 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 on 19th day of 2020, to:
Mr. R. Henry Moore Fisher & Phillips LLP Six PPG Place
Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.com
Tom D. Mills
Miner's Representative
585 Woodside Old Flame Road Smithfield, PA 15478
Jeff Everett
Operations Manager
576 Maple Run Road
Waynesburg, PA 15370
MSHACorrespondence@conturaenergy.com
/s/
Michele Gussie
Secretary
cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety PA Dept. of Environmental Protection P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672 rwagner@p a.gov