In the matter of
Bear Ridge Mining, Inc.
# 1Mine
l.D. No. 44-06227
Petition for Modification
Docket No. M-97-031-C
Date Issued: 0911211997
PROPOSED ORDER OF DISMISSAL
On March 4, 1997, Bear Ridge Mining, 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 1710-1, a mandatory safety standard.
An investigation by MSHA personnel into the merits of this petition determined, through engineering survey measurements and confirmed by in-mine observations, that the mining heights in the 5 Right Panel off 1 Left fluctuates below and above 42 inches. The Agency permits self-propelled electric face equipment to be used without cabs or canopies in such heights. 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, Bear Ridge Mining, Inc.'s Petition for Modification of 30 CFR 75.1710-1 to its # 1Mine 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 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 final.
Allyn Davis
Chief, Division of Safety Coal Mine Safety and Health