In the matter of Petition for Modification
T.J.S. Mining Inc.
T.J.S. No. 5 Mine
I.D. No. 36-09159 Docket No. M-2008-023-C
PROPOSED ORDER OF DISMISSAL
On May 13, 2008, T.J.S. Mining Inc. 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 the application of mandatory safety standard 30
C.F.R. § 75.500(b), (c), and (d), at the T.J.S. No. 5 Mine located in Armstrong County, Pennsylvania.
On February 15, 2011, MSHA headquarters received an email notification from the district office indicating that the mine being petitioned was permanently abandoned and sealed. Therefore, the petition is not needed and should be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, T.J.S. Mining Inc.’s Petition for Modification of the application of 30 C.F.R. § 75.500(b), (c), and (d), at its T.J.S. No. 5 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 Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939. 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 request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Stephen J. Gigliotti Chief, Safety Division
Coal Mine Safety and Health