AUG 29 2019
In the matter of: Petition for Modification
Rockwell Mining, LLC
Glancy Chilton
Mine I.D. No. 46-09554
Docket No. 30 CFR Standard
M-2019-013-C 75.500(d)
M-2019-014-C 75.507-1(a)
M-2019-015-C 75.1002(a)
PROPOSED ORDER OF DISMISSAL
On March 5, 2019, Rockwell Mining, LLC filed the above referenced petitions for modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d), § 75.507-1(a) and§ 75.1002(a) to permit an alternative method of compliance pertaining to the use of battery powered non-permissible surveying equipment, including but not limited to, portable battery operated mine transits and total station survey equipment at the Glancy Chilton Mine.
The petitions for modification fail to meet the content requirements of 30 CFR 44.11(a)(2). Petitions for modification shall contain the mailing address and mine identification number of the mine or mines affected. The mine operator filed a mine identification request, but the mine identification number has not yet been validated. The investigation report dated August 10, 2019, stated that the Rockwell Mining, LLC, Glancy Chilton Mine is a proposed underground mine that has not yet been faced up, does not have a mine office and does not have any miners or miner's representative.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Rockwell Mining, LLC's above referenced Petitions for Modification for the Glancy Chilton Mine are 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 Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202.
If a hearing is requested, the request shall contain a concise summary of 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 the 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
/s/
Stephen J. Gigliotti
Chief, Safety Division
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was serve personally or mailed, postage paid, or provided by other electronic means this 29th day of August , 2019, to:
R. Henry Moore, Esq. Jackson Kelly PLLC
Three Gateway Center, Suite 1500 401 Liberty Avenue
Pittsburg, PA 15222-1000
/s/
Kim Picott-Wagner Secretary
cc: Mr. Eugene White, Director, Office of Miner's Health Safety & Training, #7 Players Club Dr., Suite 2, Charleston, WV 25311