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Petition - Docket No. M-2018-010-C

In the matter of:                                                                               Petition for Modification

Mingo Logan Coal LLC

Mountaineer II Mine

I.D. No.: 46-09029

Petitions that are Granted and Finalized

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Petition Withdrawn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 Kimler requested that the above petitions be withdrawn.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

Greg.J.Norman@wv.gov