Petition for Modification
In the matter of
Twentymile Coal Company
Foidel Creek Mine
I.D. No. 05-03836
Docket No. M-1999-046-C
30 CFR 75.500(d)
PROPOSED DECISION AND ORDER
On May 7, 1999, a petition was filed seeking a modification of the application to Petitioner's Foidel Creek Mine, located in Oak Creek, Colorado. The petitioner seeks to use low-voltage or battery-powered non- permissible electronic testing and diagnostic equipment in or inby the last open crosscut under controlled conditions. The Petitioner alleges 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. A similar petition for use of such identical equipment within 150 feet of pillar workings at the Foidel Creek Mine was requested and granted for 30 CFR 75.1002-1(a), Docket No. M-1998-055-C.
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.
On March 22, 2001, MSHA issued a Proposed Decision and Order (PDO) granting the modification of 30 CFR 75.500(d) with a number of conditions. Condition 5 of that PDO requires a qualified person to continuously monitor for methane immediately before and during the use of the non-permissible electronic testing and diagnostic equipment in or inby the last open crosscut.It also requires that the results of such examination be recorded as a special examination in the onshift examination book.
On April 16, 2001, MSHA received a letter on behalf of the petitioner objecting to the recording requirement in Condition 5 as unnecessary. It points out that Twentymile Coal Company had a petition for use of the same type of equipment within 150 feet of pillar workings approved for the Foidel Creek Mine under 30 CFR 75.1002-1(a) in Docket No. M-98-55-C/1999 MSA-0004. Petitioner states that the PDO in that case contained an identical recording requirement which was removed under a settlement agreement after it was appealed, and requests the same be done in this case. MSHA agrees and states that the recording requirement in Condition 5 was inadvertently included in the PDO dated March 22, 2001, granting a modification of 75.500(d). Therefore, after a careful review of the entire record, including the petition, MSHA's investigative report and recommendations, the letter of objection, and the record in Docket No. M-98-55-C, this new PDO is issued which supersedes the PDO issued March 22, 2001.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (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 75.500(d).
On the basis of the petition and the findings of MSHA's investigation, Twentymile Coal Company is granted a modification of the application of 30 CFR 75.500(d) to its Foidel 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 Twentymile Coal Company's Petition for Modification of the application of 30 CFR 75.500(d) in the Foidel Creek Mine is hereby:
GRANTED, for the use of low-voltage or battery-powered non-permissible electronic testing and diagnostic equipment taken into or inby the last open crosscut, under controlled conditions, conditioned upon compliance with the following terms and conditions:
1. The use of non-permissible low-voltage or battery- powered electronic testing and diagnostic equipment shall be limited to laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature probes, infrared temperature devices, voltage, current and power measurement recorders, pressure and flow measurement devices, signal analyzer devices, ultrasonic thickness gauges, and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by MSHA's District Office.
2. Non-permissible electronic testing and diagnostic equipment shall be used only when equivalent permissible equipment does not exist.
3. All other testing and diagnostic equipment used in or inby the last open crosscut shall be permissible.
4. All non-permissible electronic testing and diagnostic equipment used in or inby the last open crosscut shall be examined, by a qualified person as defined in existing 30 CFR 75.153, prior to being used to ensure the equipment is being maintained in a safe operating condition. Such examination results shall be recorded in the book maintained for that purpose and shall be made available to an authorized representative of the Secretary and the miners at the mine.
5. A qualified person as defined in existing 30 CFR 75.151 shall continuously monitor for methane immediately before and during the use of non-permissible electronic testing and diagnostic equipment in or inby the last open crosscut.
6. Non-permissible electronic testing and diagnostic equipment shall not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected while the non- permissible electronic equipment is being used, the equipment shall be de-energized immediately and the non- permissible electronic equipment withdrawn outby the last open crosscut.
7. All hand-held methane detectors shall be MSHA approved and maintained in permissible and proper operating condition as defined in existing 30 CFR 75.320.
8. Except for the time necessary to trouble shoot under actual mining conditions, coal production in the section shall cease. However, coal may remain in or on the equipment in order to test and diagnose the equipment under "load."
9. Non-permissible electronic testing and diagnostic equipment shall not be used to testing equipment when float coal dust is in suspension.
10. All electronic testing and diagnostic equipment shall be used in accordance with the manufacturer's recommended safe use practices.
11. Qualified personnel engaged in the use of electronic testing and diagnostic equipment shall be properly trained to recognize the hazards and limitations associated with the use of electronic testing and diagnostic equipment.
12. The non-permissible low-voltage or battery-powered electronic testing and diagnostic equipment shall not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the above terms and conditions. The Petitioner shall notify MSHA before additional non-permissible electronic testing and diagnostic equipment is put into service in or inby the last open crosscut. The notice shall provide a reasonable time for MSHA to inspect such equipment before being used.
13. Within 60 days after this Proposed Decision and Order 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. In addition to the requirements specified in items Nos. 10 and 11, these proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
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, Virginia22203.
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