Petition - Docket No. M-96-039-C | Mine Safety and Health Administration (MSHA)

In the matter of
RB Coal Co.Inc.
RB No. 5 Mine
l.D. No. 15-17077
Petition for Modification
Docket No. M-96-039-C

PROPOSED ORDER OF DISMISSAL

On April 19, 1996, RB Coal Co. Inc., filed a petition pusuant to 101(c) of the Federal Mine Safety and Heallh Act of 1977 (Mine Act), 30 U.S.C.sec.811(c), and 30 CPR 44 et seq., for thc 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 docs not manufacture a cab or canopy for this particular roof bolter because of the location of the tram control leavers. Moreover, the mining height inthe 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 CPR.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 bearing, 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