In the matter of PETITION FOR MODIFICATION
Fossil Rock Resources, LLC
Fossil Rock Mine
42-01211
Docket No. 30 C.F.R. Granted Final
M-2024-009-C 75.500(d) March 12, 2024 April 16, 2025
M-2024-010-C 75.507-1(a) March 12, 2024 April 16, 2025
M-2024-011-C 75.1002(a) March 12, 2024 April 16, 2025
PROPOSED DECISION AND ORDER TO REVOKE
On March 05, 2025, a consent order was issued in OALJ Case Nos. 2024-MSA-00003, 2024-MSA-00004, and 2024-MSA-00005 that resolved the issues in the above petitions, making the subject granted modifications moot. Fossil Rock Resources, LLC, requested that these petitions therefore be withdrawn. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for (Coal or Metal and Nonmetal) Mine Safety and Health, and pursuant to section 101(c) of the Federal Mine Safety Health Act of 1977, 30 U.S.C. § 811(c), the modifications as they apply to the referenced mine are hereby:
REVOKED
Pursuant to 30 C.F.R. § 44.52, revocations of the granted modifications will become final 30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order. 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 Safety and Health, 200 Constitution Ave NW, Suite C3522, Washington, DC 20210.
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 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 to Revoke will become final.
Brian Thompson
Acting Chief, Division of Safety
Mine Safety and Health Administration
Certificate of Service
I hereby certify that a copy of this proposed decision was served via electronic mail this 22 day of April 2025, to:
R. Herny Moore
Fisher & Phillis LLP
Six PPG Place
P.O. Box261
Suite 830
Pittsburgh, PA 15222
Hmoore@fisherphillips.com
(412)822-6626
Kirt Tatton General Manager,
Fossil Rock Resources, LLC.
9185 South Monroe St.
Suite 204
Sandy, UT 84070
ktatton@wolverinefuels.com
Avichai Bass
General Engineer
cc: Mr. David Houghton, Director
Utah Office of Coal Mine Safety
940 S. Carbon Ave.
Price, UT 84501
dhoughton@utah.gov