APR 14 2014
In the matter of: Docket No. M-2013-029-C
Brooks Run Mining Company LLC
Cucumber Mine I.D. No. 46-09066 Petition for Modification
PROPOSED ORDER OF DISMISSAL
On June 24, 2013, Brooks Run Mining Company LLC filed a petition under Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 811(c) and 30 CFR Part 44. The petition sought a modification of the application of 30 CFR§ 75.507-1(a) at the Cucumber Mine in McDowell County, West Virginia. The petitioner is requesting to use 4000 feet of power cable for a 575 volt AC permissible submersible water pump in return air courses.
During MSHA's investigation, the petitioner informed the investigator that the petition was no longer needed. The petitioner had found several pump manufacturers offering permissible pumps approved with cable lengths in excess of 2000 feet and this length would serve their purpose.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Brooks Run Mining Company LLC's Petition for Modification of 30 CFR § 75.507-1(a) at its Cucumber Mine is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file a request for a hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR 44.14, with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
If a hearing is requested, the request shall contain a concise summary of 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 and Order.
A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law at issue 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 of Dismissal will become final.
/s/
Stephen J. Gigliotti
Chief, Safety Division for
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this referral r hearing was served personally or mailed, postage prepaid, this 14th day of April , 2014, to:
Mr. Timothy Tyree
Brooks Run Mining Company
208 Business Street
Beckley, West Virginia 25801
/s/
SeDonia L. Little Secretary
cc: Mr. Eugene White, Director, Department of Energy, Division of Mines and Minerals
bee: District 12
OSRV
Case File
MCS:J.Arrington:02/11/13: Petition no longer needed.