In the matter of Petition for Modification
Genwal Resources, Inc.
South CrandallCanyon Mine
I.D. No. 42-02356 Docket No. M-2003-085-C
PROPOSED DECISIONAND ORDER
On October 24, 2003 Genwal Resources Inc. filed a petition seeking modification of the application of 30 CFR 75.1002(a) to itsSouth Crandall CanyonMine, located in Emery County,Utah. The Petitioner allegesthat the alternative method proposed in thepetition will at all timesguarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conductedan 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.
Finding of Fact and Conclusion of Law
Under section 75.1002(a) of 30 CFR electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillarworkings or longwall faces.
On the basis of the petition and the findingsof MSHA's investigation, GenwalResources Inc. is granted a modification of theapplication of 30 CFR 75.1002(a) to its South Crandall Canyon Mine.
ORDER
Wherefore, pursuant to the authoritydelegated 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 Genwal Resources Inc., Petition for Modification of the application of 30 CFR 75.1002(a) in the South Crandall Canyon Mine is hereby:
GRANTED, for the use of low voltage or battery powerednon-permissible electronic testingand diagnostic equipment in or inby the last open crosscutor within 150 feet of pillar workings or longwall face, under controlled conditions, for testing and diagnosing the mining equipment, conditioned upon compliance with the following terms and conditions:
1. The use of non-permissible low voltage or battery powered electronic testingand diagnostic equipment shall be limited to laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature probes, infraredtemperature devices and recorders, insulation testers (meggers), voltage, current and powermeasurement devices and recorders, pressure and flow measurement devices,signal analyzer devices, ultrasonic thickness gauges, electronic component testers,and electronic tachometers. Other testing and diagnostic equipmentmay be used if approved in advance by MSHA’s DistrictOffice.
2. Non-permissible electronic testing and diagnostic equipment shall be used only when equivalent permissible equipment does not exist.
3. All other test and diagnostic equipment used within 150 feetof pillar workingsshall be permissible.
4. All non-permissible electronic testing and diagnostic equipment used in or inby the last open crosscutor within 150 feet of pillarworkings or longwallface shall be examined, by a qualified person as definedin existing 30 CFR 75.153, priorto being used to ensure the equipment is being maintained in a safe operating condition. The examination resultsshall be recorded in the weekly examination of electrical equipment book and shall be made availableto an authorized representative of the Secretary and the miners at the mine.
5. A qualifiedperson as definedin existing 30 CFR 75.151 shall continuously monitor for methane immediately before and during the use of non-permissible electronic test and diagnostic equipment in or inby the last open crosscut or within 150 feet of pillarworkings or longwall face.
6. Non-permissible electronic testing and diagnostic equipment shall not be used if methane is detected in concentrations at or above 1.0 percentmethane. When 1.0 percent or more of methane is detected while the non-permissible electronic equipmentis being used, the equipment shall be de-energized immediately and the non-permissible electronic equipment withdrawn outby the last open crosscutor to a minimum of 150 feet outby the pillar workingsor longwall face.
7. All hand-heldmethane 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, or when disabled equipmentis not in the active face or in the immediatereturn of an activeface, coal production in the sectionshall cease. However, coal may remain in the equipment in order to test and diagnosethe equipment under “load."
9. Non-permissible electronic test and diagnostic equipment shall not be used to test equipment when float coal dust has accumulated on previously rockdusted surfaces,accumulated on equipment, and/or when float coal dust is in suspension.
10. All electronic test and diagnostic equipment shall be usedin accordance with the manufacturer’s recommended safe use procedures.
11. Low-voltage test and diagnostic equipment shall be provided with a “twist-lock” type connector when used in or inby the last open cross-cut or within 150 feet of pillar workings or longwallface.
12. Qualified personnelengaged in the use of electronic test and diagnostic equipment shall be properlytrained to recognize the hazards and limitations associated with the use of electronic test and diagnostic equipment.
13. The non-permissible low voltage or battery powered electronic testing and diagnostic equipment shall not beput into serviceuntil MSHA has inspected the individual types of 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 servicein or inby the last open crosscut or within 150 feet of pillarworkings or longwall faces. The notice shall providea reasonable time for MSHA to inspect such equipment before being used.
14. Within 60 days after this ProposedDecision and Order becomes final, the Petitioner shall submit proposed revisions for its approved30 CFR Part 48 trainingplan to the Coal Mine Safety and Health District Manager. In addition to the requirements specified in items Nos. 10and 11, these proposed revisions shall specify initial and refresher trainingregarding the terms and conditions stated in the ProposedDecision and Order.
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
Deputy Administrator
for Coal Mine Safety and Health