AUG 29 2019
In the matter of: Petition for Modification
Blue Diamond Coal Company No.88
I.D. No.:15-19400
Docket No. 30 CFR Standard PDO Filed UG Mine Idled
___________________________________________________________________
M-2019-025-C 75.1002(a) July 5, 2019 July 28, 2016
M-2019-026-C 75.500(d) July 5, 2019 July 28, 2016
M-2019-027-C 75.507-1(a) July 5, 2019 July 28, 2016
PROPOSED ORDER OF DISMISSAL
On July 5, 2019, Blue Diamond Coal Company filed the above-referenced petitions for modification (PFM) of the applications of§§ 75.1002(a), 75.500(d) and 75.507-1(a) to permit an alternative method of compliance to allow the use of non-permissible low voltage battery powered non-permissible electronic surveying equipment to be used at the No. 88 mine located in Knott County, Kentucky.
On August 19, 2019, the District 7 personnel attempted to conduct an investigation of the petitions for modification and discovered that the No. 88 mine was placed in temporary idle status on July 28, 2016. The mine does not have any employees. The main mine fan has been shut down and the mine portals sealed with concrete blocks. The mining conditions at the No. 88 mine have changed. Therefore, the petitions for modification are no longer needed.
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 modifications as they apply to the referenced mine are 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, 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 therof, the Proposed Order of Dismissal 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 was served personally or mailed, postage prepaid, or provided by other electronic means this 29thday of
August, 2019, to:
Mr. R. Henry Moore
Fisher & Phillips LLP
Six PPG Place, Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.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