On Petition for Review from the Federal
Mine Safety and Health Review Commission.
Nos. KENT 203-566; KENT 2013-989.
Argued: February 1, 2017
Decided and Filed: February 13, 2017
Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.
SUTTON, Circuit Judge. At issue is whether Maxxim Rebuild Company, which operates
a shop that makes and repairs mining equipment, is a “coal or other mine” subject to regulation
by the Federal Mine Safety and Health Review Administration. 30 U.S.C. § 802(h). The
Maxxim facility does not extract coal or any other mineral, and it does not prepare coal or any
other mineral for use. It builds and repairs mining equipment at a site that is neither adjacent to
nor part of a working mine. Because the definition of “coal or other mine” refers to locations,
equipment and other things in, above, beneath, or appurtenant to active mines, the Maxxim
facility is not a mine subject to the Administration’s jurisdiction. We reverse.