Feb 22 2018
In the matter of: Petition for Modification
Revelation Energy, LLC
D-lA Garmeada
I.D. No.: 15-19791
Docket No. 30 CPR Standard PFM Request MSHA Investigation
M-2017-018-C 75.364(b)(2) September 14, 2017 December 19, 2017
PROPOSED ORDER OF DISMISSAL
On September 14, 2017, Revelation Energy, LLC filed the above-referenced petitions for modification (PFM) of the applications of § 75.364(b)(2) to permit an alternative method of compliance pertaining to weekly examination of the return air course in its entirety at the D-lA Garmeada mine.
Following an investigation of the merits of the PFM by MSHA's district personnel, on December 19, 2017, mine management was interviewed about the petition and agreed that there was no need for the petition due to the mine closing and the fact that the area being petitioned the ventilation was made common with the intake. In addition, several miners were interviewed about the petition. All miners agreed that there was no need for the petition due to the mine closing and the fact that the area being petitioned the ventilation had been made common with the intake. Currently the mine is in nonproducing status; equipment is being pulled from the mine with plans to place dirt in the portals or barricading the portals.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health under 30 CFR 44.52(b), and pursuant to section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 811(c), the modification as it applies to the referenced mine is hereby:
DISMISSED
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 201 12th Street South, Suite 400, 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 Proposed Order of Dismissal will become final.
/s/
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 22nd day of, 2018, to:
Mr. Joe Jacobs Mr. David Goodman
Risk Manager Miner's Representative
PO Box 249 271 Oak Village
Stanville, KY 41659 Cumberland Gap, TN 37724
/s/
Tammi Carrington
Secretary
cc: Jim Vicini, Division Director Division of Mine Safety, 300 Sower Boulevard
P.O. Box 2244, Frankfort, KY 40601
jim.vicini@ky