OCT 30 2019
In the matter of: Petition for Modification
Greenbrier Minerals, LLC
Powellton #1 Mine
ID No. 46-09217 Docket No. M-2018-014-C
PROPOSED ORDER OF DISMISSAL
On April 2, 2018, 2016, Greenbrier Minerals, LLC filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 811(c), and 30
C.F.R. Part 44. The Petitioner sought a modification of the application of mandatory safety standard 30 C.F.R. § 75.310(b)(1), at the Powellton #1 Mine located in Logan County, West Virginia.
On October 24, 2019, the Division of Safety for Coal Mine Safety and Health received an email from Brian Dotson, District 12 Manager that Aaron Price, Safety Director for Greenbrier Minerals, LLC informed Brian Dotson that a splitter box utilized for this petition was needed at another mine. Therefore, this petition is no longer needed at the Powellton #1 Mine.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Greenbrier Minerals, LLC 's Petition for Modification of 30 C.F.R. § 75.310(b)(1) at the Powellton #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. Part 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 20112th 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 shall also comment upon all issues of fact or law at issue 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, Safety Division for Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postaie prepaid, or provided by other electronic means this 30th day of October , 2019, to:
Mr. Tom Canterbury, Safety Manager
Greenbrier Minerals, LLC
PO Box 446
Man, WV 25635
Tom.canterburx@coronadous.com
/s/
Don Braenovich
Mine Safety and Health Specialist
cc: Eugene White, Director Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311
Eugene.E.White@wv.gov