Petition - Docket No. 1999-044-C

Petition for Modification

In the matter of
Energy West Mining Company
Deer Creek Mine
I.D. No. 42-00121
Docket No. M-1999-044-C
30 CFR 75.326 (now 75.350 and 75.352)

AMENDED PROPOSED DECISION AND ORDER

On May 6, 1999 Energy West Mining Company filed a petition to amend terms and conditions of a finalized Proposed Amended Decision and Order (PDO) (Docket No. M-96-001-C), issued October 21, 1996, for the Deer Creek Mine. That Amended PDO continued with some changes the modification of the application of 30 CFR 75.326 (now 75.350 and 75.352), Case No. 86-MSA-3 (Docket No. M-85-127-C), issued July 14, 1989, to Petitioner's Deer Creek Mine, located in Emery County, Utah.

Petitioner seeks to amend Section III. (q) to allow the hydraulic pumping station for longwall retreat mining to be located within the two-entry section at the Deer Creek Mine. It proposes to delete the existing section III. (q) language and replace it with the identical terms and conditions contained in the finalized PDO granting petitioner's Trail Mountain Mine's request to allow the hydraulic pumping station in the two-entry section (Docket No. M-98-019-C).

Second, petitioner proposes to remove the provisions in Section IV. (b), (c), (c)(1), (c)(2), (c)(3), (d), (e), (f), (f)(1), (f)(2), (f)(3), (f)(4), (f)(5), (f)(6), (f)(6)(i), (f)(6)(ii), (f)(6)(iii), (f)(6)(iv), (f)(6)(v), (f)(6)(vi), (f)(6)(vii), (f)(6)(viii), (f)(6)(ix), (f)(6)(x), (g), (h), (j), and (l) of the existing modification issued October 21, 1996 (Docket No. 96-011-C). It alleges that these provisions are no longer needed in the Amended PDO since each of them is covered under MSHA's standards for diesel-powered equipment in 30 CFR Subpart T which became effective after the Amended PDO was issued.

Finally, Energy West seeks to revise Section IV.(g) by removing the prohibition against using specified nonapproved diesel-powered equipment in the two-entry system and permitting its use under certain conditions.

The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard as modified by the finalized Amended PDO issued on October 21, 1996.

The petition has been assigned a new docket number (Docket No. M-1999-044-C). MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition, comments, and MSHA's investigative report, this Amended Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

The conditions that led to the finding of a diminution of safety, in the July 14, 1989 Decision and Order granting the modification of 30 CFR 75.326 (now 75.350 and 75.352) to the Deer Creek Mine and in the October 21, 1996 finalized PDO amending the modification continue to apply in this case.

The existing modification prohibits locating hydraulic fluid pumping stations for the longwall support system in the two-entry panel. This prohibition was included to address the potential fire hazard from use of the station in the two-entry system. Petitioner seeks permission to locate these stations in the two-entry panel and proposes several means to ensure their safe use. The measures are those which Petitioner is currently using at its Trail Mountain Mine where such pumping stations are now permitted in the two-entry panel. MSHA has evaluated the request and determined that it is feasible to permit the use of such stations in a two-entry mining system provided certain safety features are added to the stations and other safety precautions are taken. The safety measures required are contained in the revised Section III. q. and include (1) equipping the pump station with a fire suppression system; (2) using "high water content group" MSHA approved fire-resistant hydraulic fluid; (3) locating the pumps within 1200 feet of the longwall face; (4) limiting concentrate storage to 500 gallons; (5) locating a carbon monoxide sensor between 50 and 100 feet downwind of the pump station; (6) locating the power supply transformer within 1200 feet of the longwall face and providing it with a carbon monoxide sensor on the inby side and with a 165 degree Fahrenheit temperature sensor which must remove power from the pump station; (7) protecting each pump with a 210 degree Fahrenheit sensor device which must remove power from the motor for the pump; and (10) ensuring the pump station is well ventilated at all times. They have been added to provide an enhanced level of fire protection for the hydraulic pumping stations so they can be effectively protected against the danger of fire, the intent of the original prohibition.

MSHA agrees with petitioner's assertion that many provisions of Section IV. are now covered by MSHA's diesel-powered equipment standards in 30 CFR Subpart T. The following list indicates where the various provisions of Section IV. of the finalized 1996 PDO are now found in the diesel regulations.

Section IV. paragraphs:

• Covered under 75.1907(a)
• Covered under 75.325(f) and (g)

(c)(1) Covered under 75.325(f) and (g)

(c)(2) Covered under 75.325(f) and (g)

(c)(3) Covered under 75.1908(d)

(d) Covered under 75.325(f) and (g)

(e) Covered under 75.1907(b)(2)

(f)(1) Covered under 75.1909(h)

(f)(2) Covered under 75.1911(d)

(f)(3) Covered under 75.1909(a)(10)

(f)(5) Covered under 75.1909(a)(4)

(f)(6)

(i) Covered under 75.1910(a)

(ii) Covered under 75.1910(b)

(iii) Covered under 75.1910(c)

(iv) Covered under 75.1910(d)

(v) Covered under 75.1910(e)

(vi) Covered under 75.1910(f)-- nominal and impressed voltage are identical

(vii) Covered under 75.1910(g)

(viii) Covered under 75.1910(h)

(ix) Covered under 75.1910(i)

(x) Covered under 75.1910(j)

(h) Covered under 75.1908(c), 75.1911(e) and 75.1916(e)

(j) Covered under 75.1916(d)

(l) Covered under 75.1914

Since these provisions are now found in the diesel safety standards and Deer Creek must comply with them, they are no longer needed as part of the modification. Therefore, MSHA is deleting the above listed provisions from the terms and conditions of this PDO. However, because the requirement in section IV. (f)(4) for an automatic closing, heat-activated shut-off valve is not contained in Subpart T, MSHA has retained this requirement in this PDO. It is now found is Section IV. (b) as MSHA has renumbered and relettered the remaining conditions of Section IV.

When this modification was originally granted in 1989, Part 36 approved diesel-powered equipment was required where two-entry mining was permitted because this equipment provided enhanced protection from equipment fires. Nonapproved diesel-powered equipment was not allowed in the two-entry system as it did not contain the fire prevention features required for approval. Section IV. (g) of the 1996 PDO specifically prohibits Deer Creek from using certain types of diesel-powered equipment which is not approved under Part 36 in the two-entry system. The prohibition applies to equipment for cutting or moving rock or coal, equipment that performs drilling or bolting functions, equipment that moves longwall components, and lube units, all considered heavy-duty equipment. Petitioner seeks to revise this prohibition and permit such non Part 36 approved equipment in the two-entry system under certain conditions.

Heavy duty non Part 36 approved equipment is typically used for extended periods during a shift on a continuous, rather than intermittent basis. It normally moves heavy loads or performs considerable work. For example, equipment used to haul longwall components is usually operated at a consistently accelerated pace under extremely heavy loads. Fuel transportation and lube units are generally larger machines designed to transport and dispense diesel fuel, hydraulic fluid, grease, oil and other combustibles materials. They operate under heavy load and constantly move around a section during a shift to refuel equipment. Equipment such as drilling and bolting machines generally have an engine that runs at a high rate of speed and powers large hydraulic systems. Because of the way such nonapproved heavy-duty equipment is used, it presents additional fire risks. For this reason, only Part 36 heavy duty equipment operating as explained above, which must contain additional fire-related safety features to be approved, is allowed under the existing modification at Deer Creek where its two-entry system of mining provides fewer means of escape should a problem occur.

Petitioner's proposed alternate method is to allow nonapproved heavy duty equipment in the two-entry system as long as there are no miners inby. While such an approach may prevent some miners from being inby should a fire occur on the nonapproved equipment in the two entry panel, it would not protect the miners working on or around these types of heavy duty nonapproved equipment from the additional fire hazards when such equipment is used. Because such nonapproved equipment lacks the added safety measures to address the potential fire and ignition hazards, it does not provide the same level of safety to the miners as the existing PDO. Therefore, the petitioner's request to modify IV. (g) with respect to diesel fuel transportation and lube units, equipment that performs drilling or bolting functions, equipment that moves longwall components and equipment for cutting or moving rock or coal is denied. Because of the deletion of other provisions now covered under 30 CFR Subpart T, the prohibition in existing IV. (g) is now contained in IV. (c) in this Amended PDO.

A new provision, however, has been added to this Amended PDO as IV. (d) concerning nonapproved diesel road graders used to maintain roadway entries in the two-entry section. To maintain such roadways, as opposed to constructing them, does not require the nonapproved grader to operate under the same kind of heavy load nor does it require the grader to operate for the same extended period of time. Instead, during maintenance activity, the road grader normally operates at less power and for shorter periods of time, therefore less risk of fire is presented. For this reason, nonapproved diesel road graders may be used for maintenance purposes in the two entry-section provided certain conditions are met. These conditions are designed to address potential fire hazards from use of the nonapproved road grader during roadway maintenance activities. They include (1) requiring the grader to have an automatic fire suppression system maintained in operating condition at all times; (2) requiring the grader to have a means to maintain the surface temperature of the exhaust manifolds below 302 degrees Fahrenheit which is always kept in operating condition; (3) prohibiting miners from being located inby the location or area where the grader is operating or located; and (4) prohibiting miners from being located in the adjacent parallel entry at any location when the road grader is operating or located in the two-entry section.

On the basis of the petition and the findings of MSHA's investigation, Energy West Mining Company is granted a modification of the application of 30 CFR 75.350 as modified to its Deer Creek Mine. Once final, this Amended PDO shall supersede the finalized Amended Proposed Decision and Order issued October 21, 1996 (Docket No. M-96-001-C) for the Deer 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 Energy West Mining Company's amended Petition for Modification of the application of 30 CFR 75.350 in the Deer Creek Mine is hereby:

Granted, to the Deer Creek Mine for a two entry mining system, based on compliance with the following stipulations from the original Decision and Order as modified and supplemented by additional special terms and conditions.

I. Development of the Two-Entry System

(a) An early warning fire detection system utilizing low-level carbon monoxide detectors shall be installed in the panel intake escapeway entry and the panel belt entry used as a return air course as follows:

(1) At the mouth of the panel in the intake escapeway entry, at the beginning of the working section, and at intervals not to exceed 1,000 feet along the panel intake escapeway entry.

(2) At the mouth of the panel in the return/belt conveyor entry, not more than 50 feet outby the section belt tailpiece, at intervals not to exceed 1,000 feet along panel return/belt conveyor entry, and at each belt drive except as provided III(l).

(b) In addition to the carbon monoxide monitoring devices installed in the belt haulage entry, approved methane monitors shall be installed as follows:

(1) Approved methane monitoring devices shall be installed to monitor the return air in each belt haulage entry. Such devices shall be located so that the return air is monitored near the mouth of the longwall section, near the tailpiece of the belt conveyor, and at or near any secondary belt drive unit installed in the belt haulage entry.

(2) The methane monitoring devices shall be capable of providing both audible and visual alarm signals on both the working section and at a manned location on the surface where personnel will be on duty at all times when miners are underground and have two-way communication with all working sections. When the level of methane equals or exceeds 1.0 volume percentum, the device shall initiate alarm signals and shall deenergize the belt conveyor drive units and the equipment located on the section.

(3) The methane monitoring devices shall be visually examined at least once every 24 hours to ensure proper functioning. The unit shall be inspected by a person qualified for such work at intervals not exceeding 7 days. The qualified person shall ensure that the monitor is operating properly and that the required maintenance as recommended by the manufacturer is performed. The monitor shall be calibrated with known quantities of methane-air mixtures at intervals not exceeding 30 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.

II. Retreat Mining in the Two-Entry System

(a) An early warning fire detection system meeting the following requirements shall be installed as follows:

(1) A low-level carbon monoxide detection system shall be installed in the belt entries utilized as intake air courses.

(2) The carbon monoxide monitoring devices in the intake entries shall be located so that the air is monitored at each belt drive and tailpiece and at intervals not to exceed 1,000 feet in each conveyor belt entry, except as provided in paragraph II(a)(3) and paragraph III(l). The monitoring device located at the tailpiece shall be at the tailpiece or not more than 50 feet inby the tailpiece on the same split of air.

(3) Where a belt drive discharges onto a belt conveyor tailpiece in the intake entries as a continuation of a belt conveyor haulage system without a change of direction of the belt conveyor and the belt conveyor drive, belt take-up, and belt conveyor tailpiece are on the same split of air traveling in the same direction, only one low-level carbon monoxide sensor is required. It shall be installed not more than 100 feet inby the drive, belt take-up, and tailpiece on the same split of air.

(b) A low-level carbon monoxide detection system shall be installed in the panel intake escapeway entry at the mouth of the panel in the intake escapeway entry, at the beginning of the working section, and at intervals not to exceed 1,000 feet in the panel intake escapeway entry.

(c) During retreat mining, two separate and distinct intake air courses, both on the same side of the longwall section, shall be provided from the beginning of each longwall panel and having a air movement in the direction from the mouth of the panel toward the face.

III. Requirements Applicable to Both Development and Retreat Mining Systems

(a) The velocity of air in the belt conveyor entry shall be 50 feet a minute or greater and shall have definite and distinct movement in the designated direction. The intake air velocity measuring station at the two-entry section neck shall activate an alarm in the manned center on the surface and on the working section when the normal section intake velocity falls to 80 feet per minute or less. Upon installation of the full monitoring system, the intake air velocity measuring station shall activate the alarm when the normal intake air quantity is reduced by 9,000 cubic feet of air per minute or more.

(b) The low-level carbon monoxide system shall be capable 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)(1) and (e)(2).

(c) Interim alert and alarm signal levels and administrative controls approved by the District Manager shall be established for the low-level carbon monoxide monitoring system and the operation of the diesel equipment to provide early warning of fire. The warning time provided by the system shall be maximized. The Ventilation Plan required by 30 CFR 75.370 shall state the established alert and alarm signal levels and all administrative controls necessary due to the operation of the diesel equipment as discussed in paragraph IV.(a).

Methods for establishing the alert and alarm signal levels for the low-level carbon monoxide monitoring system shall include continuous recording of carbon monoxide levels measured by all sensors in order to establish a mine history for carbon monoxide.

(d) The low-level carbon monoxide monitoring devices shall provide both visual and audible signals on the working section and at a manned surface location. A visual alert signal shall be activated when the carbon monoxide level at any sensor reaches a level established in accordance with paragraph III.(c) for the mine and an audible alarm signal shall be activated when the carbon monoxide level reaches a level established in accordance with paragraph III.(c) for the mine. When the carbon monoxide system gives a visual alert signal, all persons shall be withdrawn to a safe area outby the working places and appropriate action shall be taken to determine the cause of the signal. When the carbon monoxide system gives an audible alarm signal, the mine evacuation plan required by 30 CFR 75.1101-23(a) shall be implemented.

(e) When miners are underground, a responsible person shall be on duty at all times at a surface location to see the visual alert and hear the alarm signals of the carbon monoxide monitoring system when the carbon monoxide reaches the levels established in Paragraph III.(c). This person shall have two-way communications with all working sections. When the established alert and alarm signal levels are reached, the person shall notify all working sections and other personnel who may be endangered. The person shall be trained in the operation of the carbon monoxide 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 carbon monoxide 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.

(g) The carbon monoxide 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.

(h) The carbon monoxide monitoring system shall be examined visually at least once each coal-producing shift and tested for functional operation at intervals not exceeding seven 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 carbon monoxide and air mixtures at intervals not exceeding 30 calendar days. A record of all inspections 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, monthly calibration, and all maintenance performed on the system.

(i) If at any time the carbon monoxide monitoring system or methane monitoring system or any portion of these systems required by this petition have been de-energize for reasons such as routine maintenance or failure of a sensor unit, the belt conveyor may continue to operate provided the affected portion of the belt conveyor entry is continuously patrolled and monitored for carbon monoxide and methane by a qualified person in the following manner until the monitoring system is returned to normal operation:

(1) If one sensor becomes inoperative, a qualified person shall monitor at that location;

(2) If two or more adjacent sensors become inoperative, a qualified person shall patrol and monitor the area affected; and

(3) If the complete system becomes inoperative, a sufficient number of qualified persons shall patrol and monitor the belt entries of the mine so that the belt haulage entries will be traveled each hour in their entirety.

Each of these qualified persons shall be provided with a hand-held carbon monoxide detection device and methane detection device. A carbon monoxide detection device and methane detection device shall also be available for use on each working section in the event either monitoring system is de-energize or fails.

Monitoring with hand-held instruments shall not be used in lieu of installation and use of the fire detection and methane monitoring systems described in this Order.

(j) The carbon monoxide monitoring system located in the intake escapeway shall be patrolled and monitored in the same manner as in paragraph III.(i) if the system has been de-energize for reasons such as routine maintenance or failure of a sensor unit.

(k) MSHA is in the process of developing new conveyor belt flammability testing procedures. Once these procedures have been developed, belting acquired for replacement and extensions of the conveyor belt system shall be belting identified by the new test procedures as meeting improved flame-resistant requirements.

(l) 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 part of the Ventilation Plan required by 30 CFR 75.370. The District Manager may require additional carbon monoxide monitors and methane monitors to be installed as part of said plan to ensure the safety of the miners.

(m) The concentrations of respirable dust in the intake air in the belt conveyor entries used as intake air courses shall comply with the requirements of 30 CFR 70.100(b). Respirable dust samples shall be taken in all belt entries used as intake air courses and the location of the sampling areas shall be included as designated areas in the Ventilation Plan.

(n) 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.

(o) During development of the two-entry panel, 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 shall discharge at or near the last tailgate shield. These rock dusting units shall run continuously during mining operations to render inert float coal dust in these entries except when miners are performing maintenance, inspections, or other required work in these areas.

(p) Fire doors designed to quickly isolate the working section shall be constructed in the two entries for potential use in emergency situations. Miners working in the two-entry panel shall be trained in the use of fire doors.

(q) 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 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 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 primary intake entry, the transformer shall be:

(a) Maintained within 1,200 feet of the longwall face.

(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:

• the circulating oil for the pump; or

• the external pump case housing.

• Personnel protective equipment as listed on the Material Safety Data Sheet (MSDS) for the fire resistant hydraulic fluid shall be provided for use when adding bulk emulsion oil at the pump station.
• A copy of the Material Safety Data Sheet (MSDS) shall be posted near the pumping station.
• The pumping station shall be well ventilated at all times while in operation.
• All personnel who perform maintenance on the pump station shall receive training concerning safety and maintenance procedures of the pumping system. Also, all personnel who move the equipment or work in the vicinity of the pump station shall receive safety training concerning the station. A record of the training shall be maintained and made available to MSHA representatives and miners representatives.
• MSHA shall be informed prior to the initial start up of the pumping system so that an inspection by MSHA can be conducted.

• 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. This addition shall require Energy West to update the training plan and provide necessary training to the miners working around the pump station.

(r) The permanent stoppings separating the conveyor belt entries from the intake escapeway shall be constructed of solid concrete blocks. The stoppings shall be installed with mortared joints or coated with a sealant that provides equivalent strength to a mortared joint installation. Overcasts shall be constructed of concrete block with concrete and rail or I-beam construction. No ventilation structures shall be constructed of aluminum.

(s) A safe travelway shall be maintained for each longwall panel through the tailgate side of the longwall in accordance with 30 CFR 75.215 and 75.222. MSHA shall be notified immediately if a roof fall occurs that impedes travel in a tailgate travelway, or if a travelway otherwise becomes unsafe for travel. A weekly examination of tailgate travelways shall be conducted by a qualified person and the results recorded.

(t) Two separate communication lines shall be maintained. One shall be located in each of the two entries during development.

(u) At least one self-contained self-rescuer shall be available for each person on the working section and shall be stored on the section while advancing the two-entry panel. During longwall retreat mining, self-contained self-rescuer units shall be stored near the face on the headgate and tailgate sides of the longwall unit at readily accessible locations. Enough self-contained self-rescuer units for all miners on the working section shall be stored at both locations. These locations shall be specified in the storage plan approved by the District Manager.

IV. Requirements Applicable to Both Development and Retreat Mining Systems when diesel-powered equipment is operated on a two-entry system

(a) Administrative controls shall be used to minimize the number and type of pieces of diesel equipment in the two-entry system, to notify miners on the working section when any diesel equipment is operating in the two-entry system, and to avoid alert and alarm signals caused by operating diesel equipment.

(b) All diesel powered equipment which is not approved and maintained under Part 36 and is operated on any two-entry system shall 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 and located as close as practical to the fuel tank.

(c) The following types of diesel-powered equipment ("heavy duty") which are not approved and maintained under Part 36 and Part 7 shall not be used in the two-entry system:

(1) equipment for cutting or moving rock or coal;

(2) equipment that performs drilling or bolting functions;

(3) equipment that moves longwall components; and

(4) lube units.

(d) A nonapproved diesel road grader, used for maintenance purposes only, may be operated in the two-entry section as long as:

(1) The road grader is provided with a means, maintained in operating condition, to maintain the surface temperature of the exhaust manifolds below 302 degrees Fahrenheit;

(2) The road grader is provided with an automatic fire suppression system maintained in operating condition at all times;

(3) No miners are located inby the location or area where the road grader is operating or located; and

(4) No miners are located in the adjacent parallel entry at any location when the road grader is operating or located in the two-entry section.

(e) Diesel fuel shall not be stored in the two-entry system. Diesel-powered equipment which is not approved and maintained under Part 36 and Part 7 shall not be refueled in the two-entry system.

(f) 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, set-up, and recovery, or similar non-coal haulage purposes.

(g) Miners assigned to work in the two-entry system shall be trained on all diesel equipment fire suppression systems. This training shall be conducted prior to the implementation of this Proposed Decision and Order and annually, in addition to the Part 48 annual refresher training.

(h) A check of diesel-powered equipment which is not approved and maintained under Part 36 and Part 7 shall be performed before the equipment is permitted to operate on a two-entry system. The check shall consist of a visual exam of the hand-held fire extinguisher and automatic fire suppression system indicator panel, and for leaking diesel fuel, hydraulic oil and lubricating oil lines. The check shall be made at least once per shift if the equipment is to be used on the two-entry system. If this visual exam reveals a hazard such as a faulty fire extinguisher, a malfunction with the fire suppression system, or a leaking line, the diesel-powered equipment shall not be operated in the two-entry system until repaired. Any hazard that cannot be corrected at that time shall be reported to the responsible foreman and made part of and retained in the same manner as the on-shift examination hazardous condition record.

(i) If diesel-powered equipment not approved and maintained under part 36 and part 7 needs to be "jump" started due to a dead battery in any two-entry system, a methane check, made by 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 percentum or more of methane.

(j) If diesel-powered equipment not approved and maintained under part 36 and Part 7 is used in any two-entry system, the average carbon monoxide concentration from sensors shall be determined prior to the use of this equipment and again after this equipment is in use. These averages shall be compared to ensure that the use of this equipment does not adversely impact the health and safety of the miners by affecting carbon monoxide concentrations or the number of nuisance alarms.

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 22003.

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