JUL 15 2019
In the matter of: Petition for Modification
Rockwell Mining LLC
Matewan Tunnel
I.D. No.: 46-08610
Docket No. 30 CFR Standard PFM Request MSHA Investigation
M-2019-001-C 75.1108(c) February 5, 2019 April 9, 2019
PROPOSED ORDER OF DISMISSAL
On February 5, 2019, Rockwell Mining LLC filed a petition for modification 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. § 44 et seq., for the modification of the application of 30 C.F.R. § 75.1108(c) to Petitioner’s Matewan Tunnel mine located in Boone County, West Virginia.
The standard at 30 C.F.R. § 75.1108 (c) states: Approved conveyor belts.
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(c) Effective December 31, 2018 all conveyor belts used in underground coal mines shall be approved under Part 14.
On April 9, 2019 MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Coal Mine Safety and Health (CMS&H) identifying deficiencies in Rockwell's proposed alternate method of compliance with § 75.1108(c). On April 22, 2019, Mark Heath, Attorney for Rockwell Mining LLC filed a request to withdraw the petition filed on February 5, 2019.
After careful review of the entire record, including the petition, and MSHA's investigative reports, this Proposed Decision and Order is issued.
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 401, 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.
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 15th day of July 2019, to:
Mr. Mark E. Heath
Spilman Thomas & Battle, PLLC
300 Kanawha Boulevard, East
Post Office Box 273
Charleston, WV 25321-0273
mheath@spilmanlaw.com
Kim Picott-Wagner Secretary
cc: Eugene White, Director, Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311 Eugene.E.White@wv.gov