| In the matter of RB Coal Co. Inc. RB No. 5 Mine I.D. No. 15-17077 | Petition for Modification Docket No. M-96-039-C |
Date Issued: 04/18/1997
PROPOSED ORDER OF DISMISSAL
On April 19, 1996, RB Coal Co. Inc., filed a petition pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for the modification of the application of 30 CFR 1710-1, a mandatory safety standard.
An investigation by MSHA personnel revealed that Eimco roof bolting machines (Model 350) are used by petitioner in the 002 section. Eimco does not manufacture a cab or canopy for this particular roof bolter because of the location of the tram control leavers. Moreover, the mining height in the section is currently 33 to 35 inches. At present, MSHA requires cabs or canopies in mining heights of 42 inches or greater. Consequently, this petition is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, RB Coal Co. Inc.'s Petition for Modification of 30 CFR 75.1710-1 to its RB No. 5 Mine is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 within 30 days. The request for hearing must be filed 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 Order of Dismissal will become final.
An investigation by MSHA personnel revealed that Eimco roof bolting machines (Model 350) are used by petitioner in the 002 section. Eimco does not manufacture a cab or canopy for this particular roof bolter because of the location of the tram control leavers. Moreover, the mining height in the section is currently 33 to 35 inches. At present, MSHA requires cabs or canopies in mining heights of 42 inches or greater. Consequently, this petition is not needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, RB Coal Co. Inc.'s Petition for Modification of 30 CFR 75.1710-1 to its RB No. 5 Mine is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 within 30 days. The request for hearing must be filed 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 Order of Dismissal will become final.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
