| In the matter of Canyon Fuel Company, LLC Skyline Mine No. 3 I.D. 42-01566 Dugout Canyon Mine I.D. No. 42-01890 SUFCo Mine I.D. No. 42-00089 | Petition for Modification Docket No. M-1999-073-C |
On July 22, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.1909(b)(6) to Petitioner's Skyline Mine No. 3 and Dugout Canyon Mine, which are both located in Carbon County, Utah, and the SUFCo Mine, located in Sevier County, Utah. The Petitioner alleges that the application of the standard will result in a diminution of safety. The Petitioner proposes an alternative method outlined in the petition that will at all times guarantee no less than the same measure of protection afforded by the standard.
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.
Section 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
The Petitioner alleges that the application of the standard will result in a diminution of safety for two reasons. First, because the road graders do not comply with the standard and must be removed from use, the petitioner would be unable to maintain underground roadways in a safe condition. Second, the petitioner alleges that the installation of front brakes on the road graders will result in a diminution of safety. With regard to the first allegation, the operator is responsible for the means of compliance with the standard. With regard to the second allegation, installation of a properly designed front brake system on the graders will not result in a loss of steering capability or traction.
Petitioner proposes an alternate method in lieu of the front wheel brakes on the Getman Corporation, Getman RDG 1504-C Diesel Roadbuilder used at the Skyline Mine No. 3 and Dugout Canyon Mine. Petitioner proposes an alternate method in lieu of the front wheel brakes on the Caterpillar, Model 120-G Diesel Roadgrader used at the SUFCo Mine. Petitioner proposes to limit the speed of the diesel graders to 10 miles per hour (mph) and to train the grader operators to drop the grader blade in the event that the brakes fail.
The alternative method proposed by Canyon Fuel Company, LLC (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1909(b)(6). The diesel graders will be equipped with devices which limit speed to 10 mph and the grader operator(s) will be trained to lower the moldboard in emergency conditions. These terms and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.
On the basis of the petition and the findings of MSHA's investigation, Canyon Fuel Company, LLC is granted a modification of the application of 30 CFR 75.1909(b)(6) to its Skyline Mine No. 3, Dugout Canynon Mine and SUFCo Mine.
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 Canyon Fuel Company, LLC's Petition for Modification of the application of 30 CFR 75.1909(b)(6) in the Skyline Mine No. 3, Dugout Canyon Mine and SUFCo Mine is hereby:
- GRANTED, conditioned upon compliance with the following terms and conditions:
- 1. This Proposed Decision and Order is limited in application to the Getman Model 1504-C, Serial No. 07Z270617, and Caterpillar Model 120-G, Serial No. 6262, diesel graders.
- 2. The maximum speed on the diesel graders must be limited to 10 mph by:
- (a) permanently blocking out the gear(s) or any gear ratio(s) that provide higher speeds. The device must limit the vehicle speed in both forward and reverse; and
- (b) using transmission(s) and differential(s) geared in accordance with the equipment manufacturer which limits the maximum speed to 10 mph.
- 3. Prior to implementing the alternative method:
- (a) the diesel graders must be inspected by MSHA to determine compliance with the terms and conditions of the Proposed Decision and Order;
- (b) grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes;
- (c) grader operators must be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies; and
- (d) grader operators must be trained to recognize the transmission gear blocking device and its proper
application and requirements.
- 4. The grader must comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 CFR, Parts 75 and 77.
- 5. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These revisions must specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
If a hearing is requested, the request must 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 must 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.
 _________________________________ Michael J. Lawless Deputy Administrator for Coal Mine Safety and Health |
