DEC 16 2014
In the matter of Petition for Modification
Eric Snyder Coal LLC
Rattling Run Slope
I.D. No. 36-10092 Docket No. M-2014-038-C
PROPOSED ORDER OF DISMISSAL
On October 23, 2014, Eric Snyder Coal LLC 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 C.F.R. § 44 et seq., for the modification of the application of 30 C.F.R. § 49.2(b) to Petitioner's Rattling Run Slope located in Schuykill County, Pennsylvania.
On December 9, 2014, MSHA received a letter from Eric Snyder, mine owner requesting the petition be withdrawn. As a result, the petition is no longer needed and should be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Eric Snyder Coal LLC's Petition for Modification of 30 C.F.R. § 49.2(b) to its Rattling Run Slope is hereby:
DISMISSED
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 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. 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 Decision and Order will become final.
Stephen J. Gigliotti
Chief, Safety Division for
Coal Mine Safety and Health
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Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, this 16th day of December , 2014, to:
Mr. Eric Snyder Owner
Eric Snyder Coal LLC
337 East Shamokin Street
Trevorton, PA 17881
Don Braenovich
Mine Safety and Health Specialist
cc: Mr. Joe Sbaffoni, Director of Deep Mine Safety, PA Dept. of Environmental Protection