Petition - Docket No. M-2019-003-M

OCT 29 2019

In The Matter of                                  Petition for Modification
Graymont (Pa) Inc.
Graymont (Pa) Inc. Pleasant Gap
I.D. No. 36-06468                              Docket No. M-2019-003-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. pt. 44. The petitioner sought a modification of the application of mandatory safety standard 30

C.F.R. § 57.12016, at the Graymont (Pa) Inc. Pleasant Gap Mine, located in Bellefonte, Pennsylvania 16823.

In the Petition, Graymont stated that the tasks to be completed during the anticipated brief equipment stoppages will be minor repairs, machine adjustments, and housekeeping, all of a short term nature. There will be no work on electrical equipment or circuitry, or any potential contact with electrical energy. 30 C.F.R. § 57.12016, as interpreted and enforced by the Mine Safety and Health Administration, requires electrical lockout only when there is a risk of contacting electrical energy. Therefore, the modifications proposed in this petition are not applicable or required and the Petition 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. § 57.12016 at its Graymont (Pa) Inc. 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