Skip to content
In the matter of                                                                
Mackie J. Coal Company, Inc.
Mine No. 4
I.D. No. 44-06051. 		Petition for Modification


Docket No. M-95-169-C


Date Issued: 12/13/1996

PROPOSED DECISION AND ORDER

On November 7, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.1710-1 to Petitioner's Mine No. 4 located in Buchanan County, Virginia. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners.

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

It has been determined that application of 30 CFR 75.1710-1 to the subject mine will result in a diminution of safety to the miners for the Fletcher TDO15BC roof bolting machine, Serial No. 88092; the Lee Norse TD roof bolting machine, Serial No. 21658; three Joy 21SC center drive shuttle cars: two standard drive Serial Nos. ET 14756 and ET 15181 and one offstandard drive, Serial No. ET 14788; the Joy 14 CM10 continuous mining machine, Serial No. JM 3978; and two S & S scoops, Serial Nos. 4824997 and 4821956, in mining heights less than 48 inches.

On the basis of the petition and the findings of MSHA's investigation, Mackie J. Coal Company, Inc. is granted a modification of the application of 30 CFR 75.1710-1 to its Mine No. 4 for the Fletcher and Lee Norse roof bolting machines, three Joy center drive shuttle cars, one Joy continuous mining machine, and two S & S scoops, in mining heights less than 48 inches.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Mackie J. Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 75.1710-1 in the Mine No. 4 is hereby:

GRANTED, for the two Fletcher and Lee Norse roof bolting machines, three Joy center drive shuttle cars, one Joy continuous mining machine, and two S & S scoops, in mining heights less than 48 inches.

Any portion of this decision granting a modification of 30 CFR 75.1710-1 is conditioned upon circumstances at the mine at the time of issuance of this decision. Additionally, future selfpropelled electric face equipment purchased for this mine must be provided with properly installed canopies or cabs prior to being used in the mine. If and when technology is available to provide canopies or cabs on the present equipment for which this decision grants a modification without resulting in a diminution of safety to the miners, then such equipment shall be provided with canopies or cabs and this modification will no longer be effective.

Following the expiration of 1 year from the date of issuance of this decision, MSHA may review the modification to determine if justification for granting the modification still exists or that a reconsideration is necessary or desirable.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days, a request with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.

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 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.



_________________________________
Robert A. Elam
Deputy Administrator
  for Coal Mine Safety and Health