In the matter of Petition for Modification
West Ridge Resources, Inc.
West Ridge Mine
I.D. No. 42-02233 Docket No. M-1999-026-C
PROPOSED DECISION AND ORDER
On June 8, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.350 to Petitioner's West Ridge Mine, located in Carbon County, Utah. On March 22, 2000, a complementary petition was filed seeking modification of 30 CFR 75.352. The Petitioner proposes to conduct longwall mining using the two-entry system. Petitions of both standards are necessary to employ the two-entry mining system. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The petitioner alleges that the use of two-entry longwall development mining systems reduces the likelihood of coal bumps, roof falls and other hazards related to mining under deep cover or highly stressed ground conditions. Therefore, developing with additional entries to comply with isolation of the belt entry from a separate return entry and diverting belt air directly into the return aircourse diminishes the safety of miners as compared to utilizing the belt entry as a return aircourse during development mining, provided appropriate atmospheric monitoring and early warning fire detection and other precautions are utilized. Also, the petitioner alleges that the proposed alternate method outlined in the petition to use the belt entry as an intake air course to ventilate the longwall face during retreat mining will at all times guarantee no less than the same measure of protection afforded by the standard. The same diminution of safety and alternative method allegations apply to the application 30 CFR 75.352 (which requires belt haulage entries to be separated from return aircourses), but are addressed by petition under a separate docket number (M-2000-035-C).
MSHA personnel conducted an investigation applicable to both petitions 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, amendments to the petition, comments, and MSHA's investigative report and recommendation, this Proposed Decision and Order (PDO) is issued.
Finding of Fact and Conclusion of Law
As part of the investigation, the Ground Support Division of MSHA's Pittsburgh Safety and Health Technology Center conducted an evaluation of the ground control aspects of the Petitioner's West Ridge Mine, and submitted a report of its findings. The report substantiated that this operation will be mining gassy, dipping coal seams under deep cover up to 3,000 feet and rugged topography. The report stressed that neighboring coal mines, operating under such cover and having the same type of conditions, have had problems with coal bursts and bumps. Due to the coal seam characteristics, depth of cover and topography of the overburden of the West Ridge Mine, two-entry gate roads should be developed and used for all future longwall mining in those coal seams.
Due to the documented hazards associated with mining in this coal seam(s), application of 30 CFR 75.350 to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
On the basis of the petition and the findings of MSHA's investigation, West Ridge Resources, Inc., is granted a modification of the application of 30 CFR 75.350 to its West Ridge 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 West Ridge Resources's Petition for Modification of the application of 30 CFR 75.350 in the West Ridge Mine is hereby:
GRANTED, for use of belt air in two-entry longwall mining systems, conditioned upon compliance with the following terms and conditions:
I. Requirements Applicable to Two-Entry Development, Longwall Set-up and Recovery, and Retreat Mining Systems.
(A) An atmospheric monitoring system (AMS) incorporating diesel discriminating (carbon monoxide and nitric oxide) sensors for early warning fire detection shall be installed in the primary escapeway (intake) entry and the belt entry as follows:
(1) Sensors shall be installed at the mouth of the section in the intake escapeway entry, at the beginning of the working section, and at intervals not to exceed 1,000 feet along the intake escapeway entry between such locations.
(2) Sensors shall be installed at the mouth of the section in the belt entry, at a location between 50 and 100 feet inby the section belt drive if the air is traveling to the face, or outby if the air is traveling away from the face in the belt entry and at intervals not to exceed 1,000 feet along the belt conveyor entry, except as provided in Paragraphs (A)(3), (A)(4) and (J). A monitoring device shall be located between 25 feet and 50 feet inby the tailpiece if the air is traveling to the face, or between 50 feet and 100 feet outby the tailpiece if the air is traveling away from the face. The tailpiece and the sensor shall be on the same split of air.
(3) Where a belt drive discharges onto a belt conveyor tailpiece as a continuation of a belt conveyor haulage system without a change of direction and the belt drive, take-up and belt conveyor tailpiece are on the same split of air, only one sensor is required at this location. Depending on the direction of the air flow, the sensor shall be installed not more than 100 feet inby or outby the drive, belt take- up, and tailpiece on the same split of air.
(4) During retreat, sensors shall be installed in the belt entry at locations not more than 100 feet outby the point-feed and not more than 100 feet inby the point-feed. A sensor shall be installed not more than 100 feet outby the point-feed in the intake entry supplying air to the point-feed. The location of the point-feed shall be shown on the 30 CFR 75.372 map. The point-feed shall be constructed as a permanent ventilation control in accordance with 30 CFR 75.333 and shall be provided with a means to adjust or close the opening in the event of an emergency.
(5) Sensors shall be installed near the center in the upper third of the belt entry in a location that would not expose personnel working on the system to unsafe situations. Sensors installed in the haulage entry shall be located in areas where they are not exposed to damage from mobile equipment. Sensors shall not be located in intersections, abnormally high areas or in other areas where air flow patterns do not permit products of combustion to be carried to the sensors.
(6) Where the return air is directed out of the belt conveyor entry during development, a sensor shall be installed in the belt entry 25 feet inby that location and a sensor shall be installed between where the return air is directed out of the belt conveyor entry and the ventilation box check device.
(7) A sensor shall be installed in the mainline conveyor belt entry between 50 and 100 feet downwind of the location where the two-entry conveyor belt discharges on to the main line conveyor belt.
(8) During initial two-entry development mining, sensors shall be installed for a distance of 4,000 feet outby the section loading point in the intake air course which provides the intake air split to the two-entry development. As the two-entry system advances, these sensors may be moved into the two-entry section. Once the two-entry section has advanced a total of 4,000 or more feet, sensors are not required to be installed in the intake entry outby the mouth of the two-entry section.
(B) Air velocity requirements in the two-entry system.
(1) The air in the monitored entry(s) shall have a velocity of at least 50 feet a minute and have a definite and distinct movement in the designated direction.
(2) Velocity measurements shall be determined at locations in the entry which are representative of the cross-sectional areas found throughout the entry and not at locations where the entry is abnormally high (e.g. belt drives) or low (e.g. under overcasts).
(C) Determination of the corrected carbon monoxide ambient, alert, and alarm levels shall be as follows:
(1) Upon implementation of this PDO, the corrected carbon monoxide ambient level shall be 5 ppm and future ambient level determinations shall be made under normal mining conditions as follows:
(a)Properly calibrated diesel discriminating sensors shall be used for a corrected ambient determination where this PDO requires diesel discriminating sensor monitoring to be conducted. A corrected carbon monoxide ambient determination shall be made by either of the following methods:
(i) Measurements from all two-entry diesel discriminating sensors for each separate air split shall be used. Continuous readings shall be taken and recorded for a total of five
(5) consecutive production shifts to establish a history of corrected carbon monoxide levels. The average of the data collected for each air split will determine its ambient level; or
(ii) An equally effective method approved as part of the mine ventilation plan.
(b) MSHA shall be notified when ambient levels will be determined and provided the opportunity to assist in the ambient level determination.
(c)Corrected ambient levels shall be representative of normal operating conditions. Diesel equipment shall not be idled unnecessarily in the air split where the ambient level is being determined. MSHA may request that the number and type of diesels entering and leaving the two-entry system be documented during ambient determination.
(d) Corrected ambient levels can be different for the two air courses in the two-entry system. Corrected ambient levels can also be different for development, retreat, longwall set-up and longwall recovery. If different corrected ambient levels are determined, either the lowest corrected ambient level can be utilized throughout the two-entry system or the atmospheric monitoring system can be divided into distinct areas with the appropriate pre-determined corrected ambient level used.
(2) The alert and alarm levels during longwall set-up and recovery shall be 10 ppm and 15 ppm, respectively above the appropriate corrected ambient level. The atmospheric monitoring system data obtained during longwall set-up and recovery shall be evaluated periodically, as determined by the District Manager, to determine if the alert and alarm levels can be reduced, taking into account problems associated with nuisance alarms.
(3) The alert and alarm levels for the belt entry and primary escapeway entry (intake entry) during development and retreat mining shall be determined by adding the corrected ambient level to the levels established from Tables 1 - 6 which are attached and incorporated into this PDO. The cross-sectional areas used for alert and alarm level determination from the tables shall be measured at locations in the entry representative of the cross-sectional areas found throughout the belt/intake entry and not at locations where the entry is abnormally high (e.g. belt drives) or low (e.g. under overcasts).
(4) The carbon monoxide alert and alarm levels established can be different for the two air courses in the two-entry system. Alert and alarm levels can also be different for development, retreat, longwall set-up and longwall recovery. The number of carbon monoxide alert and alarm settings used shall be minimized and may be limited by the District Manager to maintain system effectiveness.
(5) The corrected ambient level, or time delay periods (parameters) may be reevaluated at any time by MSHA or at the request of the operator or the representative of the miners. Adjustments to the parameters may be made only with prior MSHA approval. New parameters shall be included in the ventilation plan for approval by the District Manager.
(6) The atmospheric monitoring system shall also activate an alarm signal if the total concentration of uncorrected carbon monoxide, measured by any sensor, exceeds or is equal to 50 ppm. This concentration shall represent all the carbon monoxide present in the sensor's atmosphere which includes carbon monoxide from diesel engines.
(D) Audible and visual alarm devices used on the section(s) shall be of the permissible type if installed in areas where permissible equipment is required. Alarm devices shall give visual and audible signals that can be seen and heard at all times on the working section(s) and at a location on the surface of the mine where a responsible person(s) is on duty at all times when miners are underground. Alert devices shall give visual or audible signals that can be seen or heard at all times at such surface location whenever miners are underground. When audible signals are used for both the alert and alarm, the signals shall be distinguishable from each other.
(1) The atmospheric monitoring system may be designed to include a time delay period for carbon monoxide alert and alarm signals not to exceed 60 seconds. When a sensor response remains within the alert or alarm range for more than the predetermined length of time delay, visual and/or audible signals will be given at those levels.
(2) Section alarms shall be activated by any sensor(s) from the mouth of the section to the section loading point, and shall also be activated by any sensor(s) for a distance of 4,000 feet outby the section loading point during initial development. For the purpose of this paragraph, "initial development" is when the first 4,000 feet of two entries is being developed. During that time period, diesel discriminating sensors located in the intake entry for a distance of 4,000 feet outby the two- entry section loading point shall activate the section alarm.
(3) When the atmospheric monitoring system gives any visual or audible alert signal, all persons in the same split of air shall immediately be notified and appropriate action shall be taken to determine the cause of the actuation. When the atmospheric system gives any audible alarm signal, all persons in the same split(s) of air shall immediately be withdrawn to a safe location outby the sensor(s) activating the alarm, unless the cause is known not to be a hazard to the miners. When the atmospheric monitoring system gives any audible alarm at shift change, no one shall be permitted to enter the mine except qualified persons designated to investigate the source of the alarm. If miners are en route into the mine, they shall be held at, or be withdrawn to, a safe location outby the sensor(s) activating the alarm. When a determination is made as to the source of the alarm, and that the mine is safe to enter, the miners shall be permitted underground.
(4) The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revised to specify the action to be taken to determine the cause of the alert and alarm signals, the location(s) for withdrawal of miners for each alarm signal, the steps to be taken after the cause of an alert signal is determined, and the procedures to be followed if an alarm signal is activated. Such revisions shall be approved by the District Manager. A record of each alert and alarm signal given and the action taken shall be maintained at the mine for a period of 1 year.
(E) When miners are underground, a responsible person shall be on duty at all times at a surface location at the mine to see the visual alert and hear the audible alarm signals of the atmospheric monitoring system when the carbon monoxide reaches the levels established in Paragraphs I.(C)(2) and (3). This person shall have two-way communications with all working sections. When the established alarm signal levels are reached, the person shall notify miners who are working inby the affected sensor. The responsible person shall be trained in the operation of the atmospheric monitoring system and in the proper procedures to follow in the event of an emergency or malfunction and, in that event, shall take appropriate action immediately.
(F) The atmospheric monitoring system shall be examined visually at least once each coal-producing shift and tested for functional operation at intervals not exceeding 7 days to ensure the monitoring system is functioning properly and that required maintenance is being performed. The monitoring system shall be calibrated with known concentrations of nitric oxide, carbon monoxide and air mixtures at intervals not exceeding 30 calendar days. A record of all weekly inspections, monthly calibrations, and all maintenance shall be maintained on the surface and made available to all interested persons. The inspection record shall show the time and date of each weekly inspection, calibration, and all maintenance performed on the system.
(G) The atmospheric monitoring system shall remain operative for the purpose of giving warning of a fire for a minimum of 4 hours after the source of power to the belt is removed except when power is removed during a fan stoppage or when the belt haulageway is examined as provided in 30 CFR 75.1103-4(e)(l) and (e)(2).
(H) The atmospheric monitoring system shall be capable of detecting electrical malfunctions such as electrical short circuits, open circuits, and ground-faults and, where appropriate, pneumatic malfunctions in the system.
(I) The atmospheric monitoring system shall be capable of identifying any activated sensor. A map or schematic identifying each belt flight and the details for the monitoring system shall be posted at the mine.
(J) If at any time, the atmospheric monitoring system which consists of both diesel discriminating sensors and methane sensors as outlined in Section II, or any portion of these systems required by this modification has been deenergized for reasons such as routine maintenance or failure of a sensor unit, the belt conveyor may continue to operate provided the miners in the working section affected are notified of the situation and the affected portion of the belt conveyor or intake entry(s) is continuously patrolled and monitored for carbon monoxide and methane in the following manner until the affected monitoring system is returned to normal operation:
(1) The patrolling and monitoring must be conducted by a qualified person or persons.
(2) The qualified person(s) performing atmospheric monitoring for carbon monoxide and methane or both shall at all times be equipped with a two-way communication device enabling the person(s) performing the monitoring to communicate with the surface. Mine phones spaced a maximum of 1,000 feet may be used for the communication device. When used for this purpose, the mine phone location shall be conspicuously identified.
(3) If one sensor becomes inoperative, a qualified person shall monitor at that location.
(4) If two or more adjacent sensors become inoperative, a qualified person shall patrol and monitor the area affected at least once each hour.
(5) If the complete system becomes inoperative, a sufficient number of qualified persons shall patrol and monitor the affected entries of the mine so that the affected entries will be traveled once each hour in their entirety.
(6) Each of these qualified persons shall be provided with a hand-held carbon monoxide detector and a hand-held methane detector. A carbon monoxide detector and a methane detector shall also be available for use on each working section in the event the monitoring system is deenergized or fails.
(7) The procedures outlined above are applicable only for a short period of time and are to be determined by the reasonable amount of time required to repair or replace the equipment causing the malfunction. The mine operator shall begin corrective action immediately and continue until the defective equipment causing the malfunction is replaced or repaired. The responsible person on the
surface shall immediately establish two-way communications with the working section(s) and notify them of the particular malfunction(s) or problem(s).
(8) Monitoring with hand-held detectors shall not be used in lieu of installation and use of the fire detection and methane monitoring systems described in this PDO.
(9) Time delays shall not be applied to measurements made with hand-held detectors. Since hand- held detectors measurements will include carbon monoxide from diesel-powered equipment, the alert and alarm levels for carbon monoxide when qualified persons are patrolling or monitoring with hand-held detectors shall be 15 ppm and 20 ppm, respectively. These levels shall be incorporated and included as a part of the Ventilation Plan required by 30 CFR 75.370.
(K) The details for the fire detection system and methane monitoring system, including the type of monitor and specific sensor location on the mine map, shall be included as a part of the Ventilation Plan required by 30 CFR 75.370. The District Manager may require additional carbon monoxide sensors and methane sensors to be installed as part of said plan to ensure the safety of the miners.
(L) The concentration of respirable dust in the intake air coursed through a belt conveyor haulageway shall not exceed 1.0 mg/m3. Compliance with this requirement will be determined by establishing a designated area (DA) sampling location within 15 feet outby the working section belt tailpiece or just outby any air split point introduced into the belt entry and by sampling in accordance with 30 CFR
70.208. The specific DA sampling location shall be identified in the operator's ventilation plan with a four-digit number beginning with 8, followed by the middle two digits of the MMU number, and ending with 9 (i.e., 811-9 for MMU 011-0).
(M) Mantrip cars or personnel carriers or other transportation equipment shall be maintained on or near the working section and be of sufficient capacity to transport all persons who may be in the area and shall be located within 300 feet of the section loading point.
(N) During development of the two-entry system, a rock dusting unit or the discharge hose of a rock dusting unit shall be installed in the belt conveyor entry near the section loading point. Also, during longwall retreat mining in the two-entry panel, a rock dusting unit or the discharge hose of a rock dusting unit shall be installed at or near the last tailgate shield. These rock dusting units shall be operated continuously when coal is being produced to render inert float coal dust in these entries, except when miners are performing maintenance, inspections, or other required work in these areas. The District Manager may approve alternate rock dusting locations if other face ventilation configurations (such as tailgate to headgate airflow) is ever used.
(O) Fire doors designed to quickly isolate the working section shall be constructed in the two entries for potential use in emergency situations. The fire doors shall be maintained operable throughout the duration of the two-entry panel. A plan for the emergency closing of these fire doors, notification of personnel, and deenergization of electric power inby the doors shall be included in the approved mine ventilation plan.
(P) When the hydraulic fluid pump station for the longwall support system is located in the two-entry system, it shall be installed and maintained as follows:
(1) The pumps and electrical controls shall be equipped with an automatic fire suppression system.
(2) Only MSHA approved fire resistant hydraulic fluid, such as Isosynth VX110BF2 or similar, of the "high water content group" may be used.
(3) The pump station shall be maintained to within 1,200 feet of the longwall face.
(4) In addition to the concentrate contained as part of the hydraulic pump system, hydraulic concentrate stored in the two entry system shall be limited to 500 gallons.
(5) A diesel discriminating carbon monoxide sensor shall be installed between 50 and 100 feet downwind of the hydraulic pump station. The sensor shall be installed in a location that will detect carbon monoxide caused by a fire and in a location to prevent damage from mobile equipment.
(6) Whenever the transformer supplying power to the hydraulic pumping station is located in the intake entry, the transformer shall be:
(a)Maintained within 1,200 feet of the longwall face.
(b) Provided with a diesel discriminating sensor which is located on the inby side of the transformer in a location that will detect carbon monoxide caused by a fire and prevent damage from mobile equipment.
(c)Provided with an over-temperature device that shall deenergize the pumping station when the temperature reaches 165 degrees Fahrenheit.
(7) Each hydraulic pump shall be provided with an over-temperature device that automatically deenergizes the motor on which it is installed. Deenergization shall take place at a temperature of not more than 210 degrees Fahrenheit. The over-temperature device shall be installed to monitor:
(a)the circulating oil for the pump; or
(b) the external pump case housing.
(8) MSHA shall be informed prior to the initial start up of the pumping system so the inspection by MSHA required by provision IV.(A) can be conducted.
(Q) Two separate lines or systems for voice communication shall be maintained in the two-entry mining section. Phones shall be installed every 1,000 feet within one crosscut of the location of the diesel discriminating sensor in the belt and intake entries. The two systems shall not be routed through the same entry. The method(s) of communications shall be subject to approval of the District Manager.
(R) At least one self-contained self-rescuer shall be available for each person on the working section at all times and shall be carried into the section and carried on the section, or stored on the section, while advancing the two-entry development. During longwall retreat mining, at least two self-contained self- rescuers shall be available for each regularly assigned person on the working section. One shall be stored near the face in the headgate entries at a readily accessible location and one shall be stored near the tailgate entries. These locations shall be specified in the storage plan approved by the District Manager.
(S) A new conveyor-belt flammability test has been developed by MSHA. When compatible belting identified by MSHA as having passed the new flame-resistant test becomes commercially available, all subsequent belt purchases shall be of this improved type belting.
(T) In addition to the requirements of 30 CFR 75.1100-2 (b), firehose outlets with valves every 300 feet shall be installed along the intake entry. At least 500 feet of firehose with fittings and nozzles suitable for connection with the outlets shall be stored at each strategic location along the intake entry. The locations shall be specified in the firefighting and evacuation plan.
(U) Compressor stations and unattended portable compressors shall not be located in the two-entry panel.
II. Additional Requirements Applicable to the Development of Two-Entry Panels, and Longwall Set-up and Recovery.
(A) A methane monitoring system utilizing methane sensors shall be incorporated into the AMS and be installed to monitor the air in each belt haulage entry. The sensors shall be located so that the belt air is monitored near the mouth of the development, near the tailpiece of the belt conveyor, and at or near any secondary belt drive unit installed in the belt haulage entry.
(B) The methane monitoring system shall be capable of providing both audible and visual signals on both the working section and at a manned location on the surface of the mine where personnel will be on duty at all times when miners are underground in a two-entry section or when a conveyor belt is operating in a two-entry section. This trained person at the surface shall have two-way communication with all working sections. The system shall initiate alarm signals when the methane level is 1.0 volume per centum. The methane monitoring system shall be designed and installed to deenergize the belt conveyor drive units when the methane level is 1.0 volume per centum. Upon notification of the alarm, miners shall deenergize all other equipment located on the section.
(C) The methane monitoring system shall be visually examined at least once every working shift to ensure proper functioning. The system shall be inspected by a person qualified for such work at intervals not exceeding 7 days. The qualified person shall ensure that the devices are operating properly and that the required maintenance, as recommended by the manufacturer, is performed. The monitoring devices shall be calibrated with known quantities of methane-air mixtures at intervals not exceeding 31 calendar days. An inspection record shall be maintained on the surface and made available to all interested persons. The inspection record shall show the date and time of each weekly inspection and calibration of the monitor and all maintenance performed, whether at the time of the weekly inspection or otherwise.
III. Additional Requirements Applicable to Retreat Mining of the Panels.
Two separate intake aircourses within each longwall panel shall be provided to each two-entry longwall. Both aircourses may be located on the same side of the panel, however, the air shall travel in a direction from the mouth of the panel toward the section.
IV.Implementation and Training Requirements.
(A) Prior to implementing the modification, an inspection shall be conducted by MSHA to ensure that the terms and conditions of this PDO have been complied with and that the miners have been trained in proper evacuation procedures, including instructions and drills in evacuation and instructions in precautions to be taken for escape through smoke.
(B) Within 60 days after this PDO becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the conditions specified by the PDO. This shall include training on the fire suppression systems used on diesel equipment used in the two-entry system. Miners working around the hydraulic pumping station shall be trained in the requirements of the PDO when the hydraulic pumping station for the longwall supports is located in the two-entry system. Miners shall also be trained in the plan for the emergency closing of fire doors, notification of personnel, and deenergization of electric power inby the fire doors.
(C) The terms and conditions of this PDO will not apply during the time period from completion of the development mining of the two-entry longwall panel until the beginning of the longwall equipment set-up activities, provided the conveyor belt in the two-entry panel is not energized. During this time period all other mandatory standards will apply.
V. Requirements Applicable to Two-Entry Development, Longwall Set-up and Recovery, and Retreat Mining Systems When Diesel-Powered Equipment is Operated on a Two-Entry System.
(A) Administrative controls shall be developed establishing procedures for planning and communication of activities which are known to result in elevated carbon monoxide levels which do not present a hazard to miners working inby. All persons working in the two-entry longwall panel shall be trained as to the requirements of these administrative controls. In the case of diesel equipment operators, the training shall include diesel discriminating sensor locations so as to minimize false alarms. Diesel equipment operators
shall be instructed not to idle machines near sensors. Administrative controls shall be used to minimize the number and type of pieces of diesel equipment in the two-entry system, to notify a responsible person on the working section when any diesel equipment is operating in the two-entry system and when welding operations are performed in order to avoid false alert and alarm signals. These administrative controls
shall be incorporated into the mine ventilation plan.
(B) Except ambulances used for emergencies only, all diesel powered equipment not approved and maintained under 30 CFR 36 (Part 36) operated on any two-entry system shall:
(1) Include an automatic and manually activated fire suppression system meeting the requirements of 30 CFR 75.1911. The manual fire suppression system shall be capable of being activated from inside and outside the machine's cab. The manual actuator located outside the cab shall be on the side of the machine opposite the engine. Both of these systems shall be maintained in operating condition.
(2) Include an automatic engine shut down/fuel shut off system, tied into the activation of the fire suppression system, which is maintained in operating condition.
(3) Include an automatic closing, heat-activated shut off valve, maintained in operating condition, on diesel fuel lines either between the fuel injection pump and fuel tank if the fuel lines are constructed of steel or located as close as practical to the fuel tank.
(4) Include a means, maintained in operating condition, to prevent the spray from ruptured diesel fuel, hydraulic oil, and lubricating oil lines from being ignited by contact with engine exhaust system component surfaces such as shielding, conduit, or non-absorbent insulating materials.
(5) For diesel equipment classified as "heavy-duty" under 30 CFR 75.1908(a), include a means, maintained in operating condition, to maintain the surface temperature of the exhaust system of diesel equipment below 302 degrees Fahrenheit. Road graders are considered heavy-duty under 30 CFR 75.1908(a).
(6) A sensor to monitor the temperature and provide visual warning of an overheated cylinder head on air cooled engines.
(C) The following types of diesel powered equipment which are not approved and maintained under Part 36 or Part 7 can be used in the two-entry system, except where permissible equipment is required, provided no one is inby the work area:
(1) diesel-powered rock dust machine, and
(2) diesel-powered generator, and
(3) diesel-powered road grader.
(D) Diesel fuel shall not be stored in the two-entry system. Diesel-powered equipment not approved and maintained under Part 36 shall not be refueled in the two-entry system.
(E) Diesel equipment shall not be used for face haulage equipment on the working section, except that diesels may be used on the working section for cleanup, setup, and recovery, or similar non-coal haulage purposes.
(F) If non-Part 36 diesel-powered equipment needs to be "jump started" due to a dead battery in any two- entry system, a methane check by a qualified person using an MSHA approved detector shall be made prior to attaching the "jumper" cables. The equipment shall not be "jump" started if air contains 1.0 volume per centum or more of methane.
(G) A diesel equipment maintenance program shall be adopted and complied with by the operator. The program shall include the examinations and tests specified in the manufacturers' maintenance recommendations as it pertains to diesel carbon monoxide emissions and items required by Paragraph V. (B). A record of these examinations and tests shall be maintained on the surface and be made available to all interested persons.
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.
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health