8/25/2023
In the matter of Petition for Modification Peter Shingara Jr. Mining
No. 1 Slope Operation
I.D. No. 36-10008 Docket No. M-2023-017-C PROPOSED
ORDER OF DISMISSAL
On May 15, 2023, Peter Shingara Jr. Mining 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. §§ 75.1200(d) & (i) to the Petitioner's No. 1 Slope Operation, located in Locust Gap, Northumberland County, Pennsylvania.
On August22, 2023, MSHAreceived an email from Mr. Peter Shingara,Jr., Owner of Peter Shingara Jr. Mining requesting the petition be withdrawn.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Peter Shingara Jr. Mining’s Petition for Modification of 30 C.F.R.§§ 75.1200(d) &(i) to its No. 1 Slope Operation 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 Safetyand 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 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 requestfor a hearing is filed within 30 days after service thereof,the Decision and Order will become final and must be postedby the operator on the mine bulletinboard at the mine.
Brian Goepfert,
Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I herebycertify that a copy of this proposeddecision was servedpersonally or mailed, postage prepaid, or provided by other electronic means this 25th day of August 2023, to:
Mr. Peter Shingara,Jr. Owner
Peter Shingara Jr. Mining 315 Shingara Lane
Sunbury,Pennsylvania 17801
petershingara@yahoo.com
Robert S. Roark
Mine Safetyand Health Specialist
cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety, PA Department of Environmental Protection, P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672 rwagner@pa.gov
8/25/2023