09/15/2020
In the matter of: Petition for Modification S & J Coal Mine
(Formerly D & F Deep Mine)
Slope #2 (Formerly Buck Drift #2)
I.D. No. 36-09963 Docket No. M-2011-043-C
PROPOSED DECISION AND ORDER TO REVOKE
MSHA has determined that the subject modification Docket M-2011-043-C was superseded by the Proposed Decision and Order (PDO) to grant Petition for Modification Docket No. M-2019-016-C, which was issued on August 10, 2020 and became final on September 09, 2020. Therefore, the PDO for Docket M-2011-043-C is no longer needed. Both petitions are pursuant to 30 C.F.R. § 75.1400(c), which reads as follows,
30 CFR § 75.1400(c) provides in part:
(c) Cages, platforms, or other devices used to transport persons in shafts and slopes shall be equipped with safety catches or other no less effective devices approved by the Secretary that act quickly and effectively in an emergency. Such catches or devices shall be tested at least once every two months.
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 and Health Act of 1977, 30 U.S.C § 811(c), the modification of Docket M-2011-043-C 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 15th day of September , 2020, to:
Mr. Kerry Harris,
President S & J Coal Mine
15 Road View Lane
Pine Grove, PA 17963
stumpwanda@live.com
/s/
Don Braenovich
Mine Safety and Health Specialist
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@pa.gov