10/28/2024
In the matter of Petition for Modification
Canyon Fuel Company,
LLC Skyline Mine #3
I.D. No. 42-01566 Docket No. M-2024-006-C
PROPOSED ORDER OF DISMISSAL
On January 3, 2024, Canyon Fuel Company, LLC filed a petition pursuant to Section l0l(c) of the Federal Mine Safety and Health Act of 1977, 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 § 75.350(a).
On October 1, 2024, the petitioner, requested that the petition for modification be withdrawn. The Skyline Mine #3 no longer wishes to pursue this petition.
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 M-2024-006-C of 30 CFR § 75.350(a) is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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 the 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 request for a hearing is filed within 30 days after service thereof, the Order to Dismiss 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 paid, or provided by other electronic means this 28th day of October 2024 to:
Jake Wilson General Manager
Canyon Fuel Company, LLC HC 35 Box 380
Helper, UT 84526 jwilson@wolverinefuels.com
Michael L. Cooper Safety Director
Canyon Fuel Company, LLC HC 35 Box 380
Helper, UT 84526 mcooper@wolverinefuels.com
Caitlin V. Strong
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