06/09/2026
In the matter of PETITIONS FOR MODIFICATION
Consol Pennsylvania Coal Company LLC
Enlow Fork Mine Mine I.D. No. 36-07416
Petition for Modification Regulation Petitioned
Docket No. M-2025-064-C 30 C.F.R. § 75.500(d)
Docket No. M-2025-065-C 30 C.F.R. § 75.507-1(a)
Docket No. M-2025-066-C 30 C.F.R. § 75.1002(a)
PROPOSED DECISION AND ORDER
On October 3, 2025, Consol Pennsylvania Coal Company LLC filed the above listed petitions pursuant to Section 101(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 the identified mandatory safety standards at Enlow Fork Mine.
On May 29, 2026, the petitioner requested that the Petitions for Modification be withdrawn. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health, Consol Pennsylvania Coal Company LLC’s Petitions for Modification of 30 CFR § 30 C.F.R. § 75.500(d), 30 C.F.R. § 75.507-1(a) and 30 C.F.R. § 75.1002(a) are 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, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
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, 200 Constitution Avenue 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 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.
Timothy R. Watkins
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 9th day of June, 2026, to:
R. Henry Moore
Attorney, Fisher & Phillips LLP
Six PPG Place Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.com
Errol Scott Arnett
Mine Safety and Health Specialist