In the matter of Petitions for Modification
B &B Anthracite Coal Company
(formerly Rock Mountain Coal Company,
formerly B. and B. Coal Company,
and formerlyB&B Coal Company)
Rock Ridge Slope
I.D. No. 36-07175 Docket Nos. M-1987-031-C
M-1989-001-C
M-1993-263-C
M-1994-070-C
PROPOSED DECISIONAND ORDER TO REVOKE
B & B Anthracite Coal Company’s Rock Ridge Slopewas granted modifications of the application of 30 CFR 75.1400 (DocketNo. M- 1987-031-C), 75.1405(Docket No. M-1989-001-C), 75.1200(d), (h)
and (i) (Docket No. M-1993-263-C), and 75.335(a)(1) (DocketNo. M-1994-070-C). The modification for 30 CFR 75.1400 under Docket No. M-1987-031-C was issued July 27, 1987, and finalized September 7, 1987. The modification for 30 CFR 75.1405 under Docket No. M-1989-001-C was issued May 15, 1989, and finalized June 26, 1989. The modification for 30 CFR 75.1200(d), (h) and
(i) under Docket No. M-1993-263-C was issued August 28, 1995, and finalized September 27, 1995. The modification for 30 CFR 75.335(a)(1) under Docket No. M-1994-070-C was issued April 28, 1995, and finalized May 28, 1995.
MSHA records indicate that underground workingsof the mine were permanently abandoned and the surfaceopenings to the mine sealed September 2, 1998.
Finding of Fact and Conclusion of Law
MSHA hasdetermined that themining conditions have changed and thatthe modifications are no longernecessary because the underground workings of the Rock Ridge Slope havebeen permanently abandoned and the surfaceopenings sealed.
Therefore, modificationsof 30 CFR 75.1400 (DocketNo. M-1987- 031-C), 75.1405(Docket No. M-1989-001-C), 75.1200(d), (h) and
(i) (DocketNo. M-1993-263-C), and 75.335(a)(1) (DocketNo. M- 1994-070-C) areno longer neededat the Rock Ridge Slope.
ORDER
Wherefore, pursuantto 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 SafetyHealth Act of 1977,30 U.S.C. 811(c),it is ordered that B & B Anthracite Coal Company’smodifications of 30 CFR 75.1400 (Docket No. M-1987-031-C), 75.1405 (DocketNo. M-1989-001-C), 75.1200(d),
(h) and (i) (DocketNo. M-1993-263-C), and 75.335(a)(1) (Docket No. M-1994-070-C) as they apply to the Rock Ridge Slopeare hereby:
REVOKED.
Pursuant to 30 CFR 44.52, revocationsof the granted modificationswillbecome final 30 days after service of this Proposed Decision and Order to Revoke, unlessa hearing is requested on the Decisionand Order. Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. Therequest for hearingmust 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 summaryof the 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 issuesof fact or lawpresented in the petition, and any partyto this action requesting a hearing may indicate a desired hearingsite. If no request for a hearingis filed within30 days afterservice thereof, the Order to Revokewill become final.
Terry L. Bentley
Chief, Divisionof Safety
Coal Mine Safety and Health