Petition Docket No. M-2022-007-C

June 14, 2022

In the matter of Century Mining LLC Longview Mine
I.D. No. 46-09447
Petition for Modification                             

Docket No. M-2022-007-C

PROPOSED ORDER OF DISMISSAL

On March 18, 2022, Century Mining 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 C.F.R. Part 44. The Petitioner sought a modification of the application of mandatory safety standard 30 C.F.R. § 75.802(c), at the Longview Mine located in Barbour County, West Virginia.

On June 1, 2022, the Division of Safety for Mine Safety and Health Enforcement conducted a pre-investigation review. This included a thorough review of the plain text of the regulation sought by the Petitioner.

30 CFR § 75.802(c) provides in part:

Within 100 feet of the point on the surface where high-voltage circuits enter the underground portion of the mine, disconnecting devices shall be installed and so equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected, except that the Secretary or his authorized representative may permit such devices to be installed at a greater distance from such area of the mine if he determines, based on existing physical conditions, that such installation will be more accessible at a greater distance and will not pose any hazard to the miners.

The petitioner seeks to install a disconnect located 1,100 feet from the surface bore hole, as a disconnect for the high voltage circuits entering the underground mine. The plain text of the provisional language permits an authorized representative to except such devices to be installed at a greater distance.

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Sec. 811(c), it is ordered

that Century Mining LLC's Petition for Modification at the Longview Mine for the application of 30 CFR § 75.802(c)is hereby:

DISMISSED.

Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. Part 44 within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 20112th Street South, 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