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Petition - Docket No. M-1999-067-C

In the matter of
Little Man Mining, Inc.
No. 2 Mine
I.D. No. 15-18146
Docket No. M-1999-067-C
30 CFR 75.1710-1

PROPOSED ORDER OF DISMISSAL

On June 14, 1999, a petition was filed by Little Man Mining, Inc., seeking a modification of the application of 30 CFR 75.1710-1 to the Petitioner's No. 2 Mine, located in Pike County, Kentucky. The petitioner alleges that the application of the standard to the Joy 15RU cutting machine at the No. 2 Mine in mining heights 42 to 50 inches will result in a diminution of safety to the miners at the mine.

On July 19, 1999, MSHA personnel conducted an investigation of the petition at the No. 2 Mine. The investigation determined that the Joy 15RU cutting machine operated in heights of 44 to 51 inches. Since the cutting machine has a frame height of 31 inches, 13 to 20 inches of vertical height is available to install a canopy. In addition, there was no evidence to support that the cutter would wedge against the roof and dislodge roof bolts. Therefore, the Joy 15RU cutting machine would be required to be equipped with a cab and canopy meeting the 75.1710-1(a) through (f) requirements.

Since the application of the petition for modification, the No.2 Mine changed its' operational status from AA to CH. Which means "No one working, Abandoned, Sealed - The work of all miners has been terminated, production activity has ceased, and it is not anticipated that activity will resume in the near future. The underground openings have been sealed. Mines in this category are not required to be inspected or sampled." Therefore, the petition is no longer needed.

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 Little Man Mining's Petition for Modification of the application of 30 CFR 75.1710-1 in the No. 2 Mine is hereby dismissed without prejudice.

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 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.