9/20/2021
In the matter of Petition for Modification
Kimmel's Mining, Inc
Williamstown Mine #1
I.D. No. 36-09435 Docket No. M-2020-031-C
PROPOSED ORDER OF DISMISSAL
On May 16, 2019, Kimmel Mining, Inc., filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 811(c), and 30 C.F.R. § 44 et seq., for the modification of the application of 30 C.F.R. § 75.1506(c)(1) to the Petitioner's Williamstown Mine #1 located in Dauphin County, Pennsylvania.
On September 9, 2021, MSHA received a letter from Darryl Koperna, General Manger requesting the petition be withdrawn. As a result, the petition is no longer needed and should be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Kimmel's Mining, Inc.’s Petition for Modification of 30 C.F.R. § 75.1506(c)(1) to its Williamstown Mine #1 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, Suite 401, Arlington, Virginia 22202-5452. 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 Petitioner who has requested a hearing shall 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.
Stephen J. Gigliotti
Chief, Division of Safety for
Mine Safety and Health Enforcement
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 20th day of September, 2021:
Mr. Darryl Koperna
General Manager
Kimmel's Mining, Inc
P.O. Box 8
Williamstown, PA 17098
Don Braenovich
Mine Safety and Health Specialist
cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety PA Dept. of Environmental Protection P.O. Box 133, 131 Broadview Road New Stanton, PA 15672