In the matter of Petition for Modification
Twentymile Coal Company
Foidel Creek Mine
I.D. No. 05-03836 Docket No. M-2000-097-C
PROPOSED DECISIONAND ORDER
On June 7, 2000,a petition was filed seekinga modification of the application of 30 CFR 75.1909(a)(1) to Petitioner's Foidel Creek Mine, located in Routt County,Colorado. The Petitioner alleges that the alternative method outlined in the amended petition would at all times guarantee no less than the same measure of protection affordedby the standard.
MSHA personnelconducted an investigation of the petitionand filed a report of their findings and recommendations with the Administrator for Coal Mine Safetyand Health. After a careful review of the entire record,including the petitionand MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
In May 2000, the Petitioner had Southwest ResearchInstitute (SwRI) conduct tests on the Caterpillar 3304 PCT engine,Serial No. 2B-10925. The SwRI report indicated that the test engine met therequirements of 30 CFR Part 7, SubpartE. On September 18, 2001,the Petitioner submitteda report that the other two engines, Serial Nos. 2B-19603 and 4B-23351 were of the same design and construction as the test engine and both engines were ingood operating condition.
Finding of Fact and Conclusion of Law
MSHA investigators found that the alternative method proposed by the Petitioner wouldat all times guarantee no less than the same measure of protection affordedthe miners under 30 CFR 75.1909(a)(1).
On the basis of the petitionand the findingsof MSHA's investigation, Twentymile Coal Company,is granted a modification of the application of 30 CFR 75.1909(a)(1) to its FoidelCreek Mine.
ORDER
Wherefore, pursuantto 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 Safetyand Health Act of 1977, 30 U.S.C., sec. 811(c), it is orderedthat Twentymile Coal Company’sPetition for Modification of the application of 30 CFR 75.1909(a)(1) in the Foidel Creek Mine is hereby:
GRANTED, for three Caterpillar 3304 PCT enginesused at the Foidel Creek mine, conditioned with the following terms and conditions:
1. The equipment is limited to the EimcoModel 913 LDH, Engine S.N. 2B-10603, Caterpillar 120G Motor Grader, Engine S.N. 4B-23351, and test engine,S.N. 2B-10925.
2. Each Caterpillar engineshall have a legible metallic label attached specifying the ventilation rate for the engine, the rated power, rated speed, high idle, and maximum altitude beforederation.
3. Each engine shall be maintained in accordance with the test specifications used during engineevaluation.
4. Pursuant to 30 CFR 1909(a)(1), all referenced engines shall have an air filter serviceindicator set in accordance with the enginemanufacturer’s recommendations.
Any partyto this actiondesiring a hearingon this mattermust file in accordance with 30 CFR 44.14, within30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desiredto be raised by the party requesting the hearing, includingspecific objections to the proposed decision. A party other than Petitioner who has requesteda hearing shall also commentupon all issues of fact or law presentedin the petition, and any party to thisaction requesting a hearing may indicate a desired hearing site. If no request for a hearingis 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.
John F. Langton
Acting Deputy Administrator
for Coal Mine Safetyand Health