2/19/2025
In the matter of Petition for Modification
Iron Cumberland LLC
Cumberland Mine
I.D. No. 36-05018 Docket No. M-2024-013-C
PROPOSED ORDER OF DISMISSAL
On May 8, 2024, Iron Cumberland LLC filed a petition pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c) and 30 C.F.R. Part 44. The petitioner sought a modification of mandatory safety standard 30 C.F.R. § 75.1700, at Cumberland Mine, located in Greene County, Pennsylvania.
On February 14, 2025, the petitioner, through correspondence with the MSHA Office of Standards, Regulations, and Variances, requested that the petition for modification be withdrawn.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Iron Cumberland LLC’s Petition for Modification of 30 C.F.R. § 75.1700 at its Cumberland Mine 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 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 the 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 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 order of dismissal was served personally or mailed, postage prepaid, or provided by other electronic means this 19th day of February 2025, to:
R. Henry Moore
Senior Counsel
Fisher & Phillips LLP
Six PPG Place
Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.com
Ricky Estepp
Safety Manager
Iron Cumberland LLC
576 Maple Run Road
Waynesburg, PA 15370
restepp@ironsenergy.com
Tom Mills
Miners’ Representative
585 Woodside Old Frame Road
Smithfield, PA 15478
tommills95@yahoo.com
Ronald Kingan
Miners’ Representative
175 Laurie Lane
Washington, PA 15301
ronaldkingan@gmail.com
Caitlin V. Strong
Mine Safety and Health Specialist
cc: Mr. Richard A. Wagner, P.E., Director, Bureau of Mine Safety, 131 Broadview Road New Stanton, PA 15672; rwagner@pa.gov