Petition Docket No. M-2022-011-C

06/12/2023

In the matter of    PETITION FOR MODIFICATION Canyon Fuel Company LLC
Skyline Mine #3
Mine I.D. No. 42-01566   Docket No. M-2022-011-C

PROPOSED ORDER OF DISMISSAL

On June 24, 2022, Canyon Fuel Company LLC filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 Code of Federal Regulations (CFR) § 44.10 et seq., for the modification of the application of 30 CFR § 75.312(c), a mandatory safety standard which states in part that at least every 31 days, the automatic fan signal device for each main fan shall be tested by stopping the fan. The petitioner proposed an alternate method of performing fan tests without shutting the fan down and without removing miners from the mine. On July 28 and July 29, 2022, MSHA conducted an investigation of the petition for modification. The petitioner did not petition 30 CFR § 75.312(d) which also requires at least every 31 days, the automatic closing doors in multiple main mine fans systems shall be tested by stopping the fan.  Therefore, granting the petition for 30 CFR § 75.312(c), the petitioner is still required to shut down the main mine fans to comply with 30 CFR § 75.312(d).

On May 5, 2023, Mr. Jason Layton, Engineering Manager for Skyline Mine #3, filed a letter with Ms. S. Aromie Noe, Director of the Office of Standards, Regulations, and Variances (OSRV) requesting that Canyon Fuel Company LLC’s June 24, 2022, petition for modification be withdrawn.

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Canyon Fuel Company LLC’s Petition for Modification of 30 CFR § 75.312(c) to its Skyline Mine #3 is dismissed without prejudice.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR § 44.14, within 30 days, a request with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, 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 Peti- tioner 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 Order of Dismissal will become final.

Brian Goepfert 
Administrator 
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 12th day of June                      , 2023, to:

Don Braenovich
Mine Safety and Health Specialist

cc: Mr. Justin Barrington, Director, Utah Office of Coal Mine 
Safety 451 E 400 North Rm 135, Box 6009, Price, UT 84501
jbarrington@utah.gov