Petition for Modification
In the matter of
Dominion Coal Corporation
Dominion No.16, ID No. 44-06643
Dominion No.22, ID No. 44-06645
Dominion No.34, ID No. 44-06839
Dominion No.36, ID No. 44-06759
Docket No. M-2000-123-C
30 CFR 75.204(a)(1)
PROPOSED DECISION AND ORDER
On August 10, 2000, Dominion Coal Corporation, filed a petition seeking a modification of the application of 30 CFR 75.204(a)(1) to the Petitioner's Dominion No. 16, Dominion No. 22, Dominion No. 34, and Dominion No. 36 Mines, all located in Buchanan County, Virginia.
The petitioner's proposed alternative method is to allow use of the remaining inventory of Dyna-Roc roof bolts over an eighteen-month period beginning when the requested modification is granted and becomes final. Documentation provided by the petitioner show that the roof bolts meet or exceed ASTM standards' F432-83 and F432-88, the standards in effect at the time of purchase. All roof bolts and accessories must now meet the requirements of ASTM standard F432-95. The Dyna-Roc bolts also meet the new standard with the exception of the embossed head markings and the petitioner proposes alternative means of marking and identifying these appliances when installed in the mine. The petitioner alleges that the alternative method outlined in the petition will 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 recommendation 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.
Finding of Fact and Conclusion of Law
MSHA investigation confirmed that the petitioner's purchasing documents substantiate the inventory of Dyna-Roc roof bolts and plates. In addition, MSHA Technical Support roof control specialists evaluated the application for use in the petitioner's mines and found that specific installation requirements were necessary to assure that the Dyna-Roc roof bolts are used in an effective roof bolting pattern and not intermixed with other roof bolts. Also, requirements to address the unique design characteristics of these roof bolts have been added to assure the installed bolts provide the same measure of protection as required by the standard.
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 Dominion Coal Corporation's Petition for Modification of the application of 30 CFR 75.204(a)(1) in the Dominion No. 16, Dominion No. 22, Dominion No. 34, and Dominion No. 36 Mines are hereby:
Granted, to allow the use of Ingersoll Rand's Dyna-Rok roof bolts manufactured under the ASTM Standards F432-83 and F432-88. Conditioned upon compliance with the following terms and conditions:
1. Samples of the Dyna-Rok bolts and tubes shall be sent to the Roof Control Division of MSHA's Pittsburgh Safety and Health Technology Center for testing to verify the relevant strength and dimensional characteristics.
2. Prior to the installation of the Dyna-Rok bolts, pull tests must be conducted in each distinct area of the mine(s) where the Dyna-Rok bolts are to be used to insure that effective anchorage can be attained.
3. Installation thrust, feed-rate and torque levels as recommended by the manufacturer must be established and regulated on the bolting machine to insure proper Dyna-Rok bolt installation.
4. Roof bolter operators must be thoroughly trained in the proper installation procedures for Dyna-Rok bolts, which are substantially different than for other support types. Since the bolt is both thrust and rotated during installation, a means of preventing flying wrenches must be available on the bolting machine.
5. An alternate means such as machine mounted pressure gauges or the deflection torque method must be used to verify proper bolt torque (tension) to prevent Dyna-Rok bolt threads from seizing.
6. The bolt head and bearing plate of each specific sized roof bolt group assembly must be painted so that it readily identifies each Dyna-Rok bolt installed underground.
7. The roof control plan must clearly describe the areas of the mine in which Dyna-Rok bolts will be installed.
8. The mine map must clearly identify the location of all Dyna-Rok bolts which have been installed at the mine.
9. Dyna-Rok bolts must not be used on a sporadic or occasional basis. The inventory of Dyna-Rok bolts must be exhausted in those areas designated in the roof control plan as having a short life. Dyna-Rok bolts cannot be mixed with or installed in conjunction with any other bolt type(s).
10. Dominion Coal Corporation must utilize its supply of Dyna-Rok bolts within eighteen months of the date this Order becomes final, at which time the Order will terminate by application of law.
11. Any Dyna-Rok roof bolts or accessories found to be in a substandard condition due to corrosion or mishandling cannot be installed in the mine roof and must be removed from mine property.
12. 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 include initial and refresher training regarding compliance with the terms and conditions stated in the PDO.
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