In the matter of Petition for Modification
AB&J Coal Company Inc.
Mine No. 3
I.D. No. 44-06974 Docket No. M-2001-084-C
30 CFR 75.1710-1
PROPOSED ORDER OF DISMISSAL
On August 20, 2001, a petition was filed by AB&J Coal Company, Inc., seeking a modification of the application of 30 CFR 75.1710-1 to the Petitioner's Mine No. 3, located in Buchanan County, Virginia. The Petitioner alleges that application of the standard to all self-propelled electric face equipment will result in the diminution of safety to mine personnel.
On March 13, 2002, MSHA district personnel conducted an investigation and determined that the mining height on the active MMU fluctuates above and below 42 inches. The mine map indicates that the mining height at AB&J's Mine No. 3 ranges from 40-47 inches. The Agency permits self-propelled electric face equipment to be used without cabs or canopies in such heights. Therefore, this petition is not 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 AB&J Coal Company Inc.'s Petition for Modification of the application of 30 CFR 75.1710-1(a) in Mine No. 3 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
_________________________________________
Michael P. Miano
Chief, Division of Safety
Coal Mine Safety and Health