Petition - Docket No. M-2004-031-C

MAY 1 8 2016

In the matter of:                                                          Petition for Modification

ERP Federal Mining Complex, LLC

(Formally: Eastern Associated Coal Corp)

Name of Mine: Federal No. 2

I.D. No. 46-01456

PROPOSED DECISION AND ORDER TO REVOKE

MSHA has determined that the Shriver Ventilation Shaft has been sealed along with the area for which the modification was granted is now behind permanent seals.  Since mining conditions have changed, 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 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 modification as it applies to the referenced mine is 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 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 a 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.

Stephen J. Gigliotti

Chief, Division of Safety

Coal Mine Safety and Health