In the matter of: Petition for Modification
Mingo Logan Coal LLC
Mountaineer II Mine
I.D. No.: 46-09029
Docket No. |
30 CFR Standard |
PDDO & Filed |
Petition Withdrawn |
---|---|---|---|
M-2018-009 |
75.500(d) |
March 7, 2018 |
April 25, 2018 |
M-2018-010-C |
75.507-l(a) |
March 7, 2018 |
April 25, 2018 |
M-2018-011-C |
75.1002(a) |
March 7, 2018 |
April 25, 2018 |
PROPOSED ORDER OF DISMISSAL
On March 7, 2018, Mingo Logan Coal LLC filed the above-referenced petitions for modification (PFM) of the applications of§§ 75.500(d), 75.507-l(a) and 75.1002(a) to permit an alternative method of compliance pertaining to the use of non-permissible low voltage or battery powered non-permissible electronic hand held drill equipment at the Mountaineer II Mine.
On April 25, 2018, Mark Kimler, Mine Manager notified the Mine Safety and Health Administration (MSHA) that during the course of the initial investigation of the petition for modification, pertinent information was discovered and management needs to thoroughly evaluate the material before proceeding with the petition. Therefore, Mr. Kimler requested that the above petitions be withdrawn.
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 modifications as they apply to the referenced mine are 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, 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 8th day of May, 2018 to:
Mr. Mark Kimler Mr. Teddy Woody
Mine Manager Miner's Representative
PO Box E 705 Lincoln Ave
Route 17, Mt. Laurel Dr. Madison, WV 25130
Sharples, WV 25183
Mr. Danie K Donnelly Mr. Ira L Gunoe
Miner's Representative Miner's Representative
PO Box 265 234 Rocky Br. Rd
Mt. Hope, WV 25880 Champman, WV 25508
/s/
Tammi Carrington
Secretary
cc: Greg J. Norman, Director Office of Miners' Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston WV 25311