In the matter of Petition for Modification
Sea "B" Mining Company
Silver Creek Mine
I.D. 4406895 Docket No. M-98-033-C
PROPOSED DECISION AND ORDER
On April 10, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.1710-1 to Petitioner's Silver Creek Mine, located in Tazewell County, Virginia. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
It has been determined the application of 30 CFR 75.1710-1 to the subject mine will result in a diminution of safety to the miners for the three center driven Joy 21SC shuttle cars, Serial Nos. ET11685, ET13646 standard drive reel, and ET16734 off standard reel; for the S&S Scoop CX2, Serial No. CX2 323; for the Long Airdox Scoop 482, Serial No. 4822240; and, for the Fletcher Roof Bolting Machine, Model RD RR11 w/TBar ATRS, Serial No. 97095, in heights (floor to roof) less than 46 inches.
On the basis of the petition and the findings of MSHA's investigation, Sea "B" Mining Company is granted a modification of the application of 30 CFR 75.1710-1 for the three center driven Joy 21SC shuttle cars, Serial Nos. ET11685, ET13646 standard drive reel, and ET16734 off standard reel; for the S&S Scoop CX2, Serial No. CX2 323; for the Long Airdox Scoop 482, Serial No. 4822240; and, for the Fletcher Roof Bolting Machine, Model RD RR11 w/TBar ATRS, Serial No. 97095, to its Silver Creek Mine.
ORDER
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 Sea "B" Mining Company's Petition for Modification of the application of 30 CFR 75.1710-1 in the Silver Creek Mine is hereby:
GRANTED, for the three center driven Joy 21SC shuttle cars, Serial Nos. ET11685, ET13646 standard drive reel, and ET16734 off standard reel; for the S&S Scoop CX2, Serial No. CX2 323; for the Long Airdox Scoop 482, Serial No. 4822240; and, for the Fletcher Roof Bolting Machine, Model RD RR11 w/TBar ATRS, Serial No. 97095, in heights (floor to roof) less than 46 inches.
Any portion of this decision granting a modification of 30 CFR 75.1710-1 is conditioned upon circumstances at the mine at the time of issuance of this decision. Additionally, future electric face equipment purchased for this mine must be provided with properly installed canopies or cabs prior to being used in the mine. If and when technology is available to provide canopies or cabs on the present equipment for which this decision grants a modification without resulting in a diminution of safety to the miners, then such equipment shall be provided with canopies or cabs and this modification will no longer be effective.
Following the expiration of 1 year from the date of issuance of this decision, MSHA may review the modification to determine if justification for granting the modification still exists or that a reconsideration is necessary or desirable.
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, 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health