JUL 10 2014
In the matter of: Petition for Modification
S & J Coal Mine, Inc. Slope #2
ID No. 36-09963
Docket No. M-2014-018-C
PROPOSED ORDER OF DISMISSAL
On April 14, 2014, S & J Coal Mine, Inc. filed a petition pursuant to 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 Petitioner sought a modification of the application of mandatory safety standard 30 CFR § 75.1002-1, at the Slope #2 mine located in Schuylkill County, Pennsylvania.
On June 27, 2014, the Division of Safety for Coal Mine Safety and Health received a letter from Kerry L. Harris, Owner of-S & J Coal Mine, Inc. requesting that the above referenced petition for modification of 30 CFR § 75.1002-1 be withdrawn. The provisions set forth by the petition are currently addressed in the 30 CFR Subpart L, Fire Protection. Therefore, the petition for modification is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, S & J Coal Mine, Inc.'s Petition for Modification of 30 CFR § 75.1002-1 at the Slope #2 mine is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR Part 44 within 30 days. The request for hearing must be filed 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 concerning 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 at issue in the petition, and any party to this action requesting a hearing may indicate a desired hearing site.
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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 order of dismissal was served personally or mailed, postage prepaid, this 10th day of July , 2014, to:
Mr. Kerry L. Harris
15 Motter Drive
Pine Grove, PA 17963
/s/
SeDonia L. Little
Secretary
cc: Mr. Thomas Light
bee: District 2
OSRV
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