3/14/2022
In the matter of: Petition for Modification
Signal Peak Energy LLC
Bull Mountains Mine No 1
ID No. 24-01950 Docket No. M-2021-042-C
PROPOSED ORDER OF DISMISSAL
On December 1, 2021, Signal Peak Energy LLC 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 CFR Part 44. The Petitioner sought a modification of the application of mandatory safety standard 30 CFR § 75.503(18.35(a)(5)), at the Bull Mountains Mine No 1 located in Musselshell County, Montana.
On March 10, 2022, the Division of Safety for Mine Safety and Health Enforcement received a letter from Curtis Focht, P.E. Sr Mine Engineer and John McFarlen Electrical Engineer of Signal Peak Energy LLC requesting that the above-referenced petition for modification of 30 CFR § 75.503(18.35(a)(5)) be withdrawn due to incorrect specifications and to revise the contents in a new petition for modification submittal.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Signal Peak Energy LLC’s Petition for Modification of 30 CFR § 75.503(18.35(a)(5)) at the Bull Mountains Mine No 1 is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR Part 44 within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement at 201 12th Street South, Suite 401, Arlington, Virginia 22202-5452.
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.
Stephen J. Gigliotti
Chief, Safety Division 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 14th day of March 2022, to:
Mr. Cu1tis Focht, P.E. Sr Mine Engineer
Signal Peak Energy, LLC. 100 Portal Drive,
Roundup MT, 59072
cfocht@signalpeakenergy.com
John McFarlen Electrical Engineer
Signal Peak Energy, LLC. 100 Portal Drive,
Roundup MT, 59072
jmcfarlen@signalpeakenergy.com
Don Braenovich
Mine Safety and Health Specialist