Petition - Docket No. M-2019-002-M

DEC 10 2019

In The Matter of                                         Petition for Modification
Graymont (PA) Inc.
Pleasant Gap Mine,
ID No. 36-06468                                        Docket No. M-2019-002-M

PROPOSED ORDER OF DISMISSAL

On June 5, 2019, Graymont (PA) Inc., filed a petition 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. § 44. The petitioner seeks a modification of the application of mandatory safety standard 30 C.F.R. § 57.14105, at the Pleasant Gap Mine, located in Centre County, Pennsylvania.

Graymont (PA) Inc seeks a modification of application of 30 C.F.R. § 57.14105 to permit an alternative method of compliance during its automated and robotic bagging operations. The petitioner proposes a Category Three PLC Interlock energy-control method as a means of compliance with existing energy-control and lockout/tagout methods.

On November 27, 2019, MSHA headquarters received the district office's Investigation Report for this petition. Based on the investigation, Graymont's equipment and procedures are in compliance with the standard. Therefore, the petition is not needed and should be dismissed.

Pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Graymont (PA) Inc's Petition for Modification of 30 C.F.R. § 57.14105 at its Pleasant Gap 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 Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5450.

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/                         

Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement

Certificate of Service

I hereby certify that a copy of this order of dismissal was served personally or mailed, postage prepaid, this    10th   day of   December            , 2019, to:                     ·

Graymont (PA) Inc.
Pleasant Gap Mine
375 Graymont Road
Bellefonte, Pennsylvania 16823

Clayton Ertell
Miners' Representative
Graymont (PA) Inc.
Pleasant Gap Mine
375 Graymont Road
Bellefonte, Pennsylvania 16823

Peter S. Gould Partner
Squire Patton Boggs (US) LLP
1801 California Street, Suite 4900
Denver, Colorado 80202

                /s/                       

Larry Bagby
Senior Mine Safety and Health Specialist.