FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

March 14, 2011

 

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

v.

BROWN EXCAVATION COMPANY, INC. 		:
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Docket No. YORK 2010-239-M
A.C. No. 30-02994-206555

Docket No. YORK 2010-240-M
A.C. No. 30-02994-211798

 

BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners

 

ORDER

 

BY THE COMMISSION:

 

            These matters arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2006) (“Mine Act”). On May 4, 2010, the Commission received from Brown Excavation Company (“Brown”) a letter seeking to reopen penalty assessments that had become final orders of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a). Footnote On May 26, 2010, the Secretary of Labor filed oppositions to the operator’s request to reopen.

 

            On January 6, 2011, we issued an order directing Brown to show cause within 30 days of the date of the order why its request to reopen should not be denied as moot. We noted that a review of the Data Retrieval System maintained by the Department of Labor’s Mine Safety and Health Administration (“MSHA”) revealed that the operator has paid the civil penalties that are the subject of its request to reopen.

 


            Brown has filed no response to the show cause order. Accordingly, we deny Brown’s request to reopen as moot.  

 

 

 

 

____________________________________

Mary Lu Jordan, Chairman





____________________________________

Michael F. Duffy, Commissioner





____________________________________

Michael G. Young, Commissioner





____________________________________

Robert F. Cohen, Jr., Commissioner


 



____________________________________

Patrick K. Nakamura, Commissioner

 

 

Distribution:

 

Jodi Flaherty

Brown Excavation Company, Inc.

2735 State Route 49

West Monroe, NY 13167

 

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

 

Melanie Garris

Office of Civil Penalty Compliance, MSHA

U.S. Dept. of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

 

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021