MAR 2 0 2017
In the matter of: Petition for Modification
ERP Federal Mining Complex, LLC.
(Formerly Eastern Associated Coal LLC)
Federal No 2
I.D. No.: 46-01456
Docket No. 30 CFR Standard Proposed PDO Denied ALJ Granted Consent Order Finalized
M-2014-045-C 75.1400-3(b)(5) March 25, 2016 December 22, 2016 January 21, 2017
PROPOSED DECISION AND ORDER TO REVOKE
On November 7, 2014, Eastern Associated Coal LLC filed the above-referenced petition for modification (PFM) of the application of§ 75.1400-3(b)(5) to permit an alternative method of compliance pertaining to the daily examination of skips that are used periodically as hoisting equipment to transport persons at the Federal No. 2 Mine.
Following an investigation of the merits of the PFM by MSHA district personnel, on December 3, 2014 the Administrator for Coal Mine Safety and Health issued a proposed decision and order denying the PFM. On April 20, 2016, Eastern Associated Coal LLC filed a request for a hearing on the Administrator's proposed decision and order and an administrative law judge granted the petition for modification.
On February 1, 2017, a meeting was held at the FederalNo. 2 Mine to discussthe details of the subject petition. Representing the mine operator was Douglas McQuaid, Jerry McClure, Chad McAtee and Shane Spenser. The United Mine Workers of America (UMWA) representative was Donald Persinger. During the meeting it was decided that the mine operator is not able to implement the petition as granted and will instead continue with the current system of utilizing a contractor supplied crane with a man basket to do any necessary skip shaft inspections and/ or repairs.
On March 3, 2017 MSHA received a memorandum that the mine operator will not implement the petition for modification at the Federal No. 2 Mine.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal MineSafety and Health under 30 CFR 44.52(b), and pursuant to section 101(c) of the Federal MineSafety and HealthAct 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(b), revocation of the granted modification will become final30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested. 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, at 20112th 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 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 requestfor a hearing is filedwithin 30 days after service,the Proposed Decision and Order to Revoke will become final.
Stephen J. Gigliotti
Chief, Division of Safety
Coal Mine Safety and Health
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 20th day of March, 2017,to:
Mr. Douglas McQuaid
Safety Manager
1044 Miracle Run Road
Fairview, WV 26570
dmcq uaid@erp fuels.com
Monique G. Banks
Secretary
cc: Greg J. Norman, Director Office of Miners 1 Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston WV 25311