In the matter of:
M & D Anthracite Coal Company
Slope# 1
I.D. No. 36-09976
|
Docket No. |
30 CFR Standard |
Requested PFM |
Requested Withdrawal |
|---|---|---|---|
|
M-2017-031-C |
§ 49.2(b) |
November 11, 2017 |
January 18, 2018 |
|
M-2017-034-C |
§ 75.335 |
November 21, 2017 |
January 18, 2018 |
|
M-2017-035-C |
§ 75.1002-1(a) |
November 21, 2017 |
January 18, 2018 |
|
M-2017-036-C |
§ 75.1100-2(a) |
November 21, 2017 |
January 18, 2018 |
PROPOSED ORDER OF DISMISSAL
On November 11th and 21st , 2017, M & D Anthracite Coal Company filed four petitions for modification pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c) and 30 C.F.R. part 44. The petitioner sought a modification of the application of the mandatory safety standards listed above at the Slope #1 mine located in Schuylkill County, Pennsylvania.
On January 18, 2018, Matthew G. Fidler, Partner filed a letter with the Mine Safety and Health Administration (MSHA) requesting that the petitions for modification listed above be withdrawn. Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, M& D Anthracite Coal Company's petitions for modification of 30 C.F.R.§§ 49.2(b), 75.335, 75.1002-1(a) and 75.1100--2(a) at its Slope #1 mine 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, 201 12h Street South, Arlington, Virginia 22202-5452
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 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 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 25th day of January, 2018, to:
Mr. David R. Shoffler
Partner
2030 East Center Street
Tremont, PA 17981
/s/
Tammi Carrington
Secretary
cc: Mr. Colvin C. Carson, Director, Bureau of Mine Safety, PA Dept. of Environmental Protection 131 Broadview Road New Stanton, PA 15672 cocarson@pa.gov