AUG 29 2019
In the matter of: Hartshorne Mining, Petitions for Modification
LLC Poplar Grove Mine
I.D. No. 15-19806 M-2019-024-C
PROPOSED ORDER OF DISMISSAL
On February 25, 2019 Hartshorne Mining, LLC 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 CPR part 44. The petitioner sought a modification of the application of mandatory safety standards 30 CPR §§ 75.503 and more specifically 18.35(a)(5)(i) at Poplar Grove Mine.
On August 27, 2019, the petitioner requested that the petition for modification be withdrawn. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Hartshorne Mining, LLC Petition for Modification M-2019-024-C of 30 CPR§§ 75.503 -18.35(a)(5) at the Poplar Grove Mine is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CPR 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 22202-5452.
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 Order to Dismiss will become final.
/s/
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 and Order was served personally or mailed, postage prepaid, or provided by other electronic means this 29th day of August 2019 , 2019, to:
Troy Johnson Safety Director
P.O. Box 449 Calhoun, KY 42327
tjohnson@paringaresources.com
/s/
Kim D. Picott-Wagner
Secretary
cc: Donald Gatten, Division Director, Division of Mine Safety, 300 Sower Boulevard,
P.O. Box 2244, Frankfort, KY 40601; Donald.gatten@ky.gov