Petition - Docket No. M-96-120-C

In the matter of Red Baron, Inc.
Mine No. 3
l.D. No. 44-06758
Petition for Modification

Docket No. M-96-120-C

Date Issued: 08/08/1997


On September 11, 1996, Red Baron, Inc., filed a petition pursuant to lOl(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 75.1710-1, a mandatory safety standard.

An investigation by MSHA personnel into the merits of this petition determined, through in-mine measurements and observations, that the mining height in the 002-0 MMU frequently fluctuates below and above 42 inches.
The Agency permits self-propelled electric face equipment to be used without cabs or canopies below 42 inches. 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, Red Baron, Inc.'s Petition for Modification of 30 CFR 75.1710-1 to its Mine No. 3 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.

Ifa 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 fmal.

Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health