In thematter of: Petition for Modification
Dakota Westmoreland Corporation
Beulah Mine
Mine I.D. No. 32-00043 Docket No. 2004-018-C
PROPOSED DECISION AND ORDER
On April 29, 2004,Dakota Westmoreland Corporation filed a petitionseeking a modification of the application of 30 CFR 77.1607(u) to the BeulahMine located in MercerCounty, North Dakota. The Petitioner allegesthat the alternative method outlinedin the petition will 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 Safety and Health. After a carefulreview of the entire record,including the petition,and MSHA’s investigative report and recommendation, this Proposed Decisionand Order (PDO) is issued.
Finding of Fact and Conclusion of Law
The alternative method proposedby the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection affordedthe miners under 30 CFR 77.1607(u).
The standard 30 CFR 77.1607(u) states: “Tow bars shall be used to tow heavy equipment and a safetychain shall be used in conjunction with each tow bar.”
Petitioner requests a variance to use a portable hydraulicunit (power pack) to tow large trucks in lieu of a tow bar and chain.
On the basis of the petitionand the findings of MSHA’s investigation, Dakota Westmoreland Corporation is granted a modification of the application of 30 CFR 77.1607(u) to its BeulahMine.
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 Safetyand Health Act of 1977,30 U.S.C., Sec. 811(c), it is orderedthat Dakota Westmoreland Corp.’s Petition for Modification of the application of 30 CFR 77.1607(u) in the Beulah Mine is hereby:
GRANTED, for the use of a portablecompressor such as the DeWaltModel D55275 (8 horsepower, 17 gallon, 16.2 cubic feet per minuteat 100 pounds per squareinch) or a similar compressor with the same capacities and rating for towinglarge wheel haul trucks at the Beulah Mine, conditioned upon compliance with the followingterms and conditions:
1. The proposed towing systemshall only apply to vehicleswith a “fail safe” braking systemand emergency steeringcapabilities.
2. Thesteel cable used to tow a disabledvehicle shall be a minimumof 1 inch in diameter, at least 30 feet long, maintained in good condition, and attached on both ends with clevisesor equivalent attachments. Connecting the towing cable betweenvehicles must be done when the vehicles are at a protected locationand the enginesare not running.
3. Radiocommunications betweenthe towed and towing vehiclesmust be maintained at all timeswhen the vehicles are moving. The towed vehicle driver must be able to see at least 10 feet in front of the vehicle. Towing speed shall not exceed5 miles per hour (mph).
4. The engine drivenair compressor “power pack”shall be adequately designed to supply the correctair pressures as recommended by the towed vehicle manufacturer. The power pack shall be securelymounted to the towed vehicle as to not impede the operation of the vehicleor pose safetyhazards such as brokenair lines or exhaust fumesthat may enter the operator’s compartment. The power pack shall not impede the ability to exit the vehicle quickly.
5. The power pack shalloperate at all times when the vehicle is being towed to maintain normalbraking and steeringfunctions. The power pack must be examined prior to each use by a qualified mechanic trained to performthe examination.
6. Priorto towing operation, testingof the brakes and steeringshall be performedat a protected location. The test must include fully pressurizing the air systemto assure the brakes functionproperly and then depleting the air systemto assure the fail safe brakes reapplyat the proper pressures.
7. Priorto implementing the petition requirements, all qualified operators and mechanics shall be trainedin proper use of the power pack. They shall be task-trained to perform the installation of the power pack and to recognizeconditions that would prohibituse of the power pack to tow a vehicle.
8. Compliance with all other 30 CFR regulations pertaining to operatingmobile equipment shallbe maintained.
9. No more than 60 days after this Proposed Decisionand Order becomes final,the Petitioner shall submit revisionsto its approved 30 CFR Part 48 trainingplan that addressthe requirements in the petition to the Coal Mine Safety and Health DistrictManager.
Any party to this action desiringa hearing on this matter must file within 30 days in accordance with 30 CFR 44.14. 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 shallcontain a concisesummary of position on the issuesof fact or law desiredto be raised by the party requesting the hearing, including specific objections to the proposed decision.
A party other than Petitioner who has requesteda hearing shall also comment upon all issuesof fact or law presented in the petition, and any party to this action requesting a hearing may indicatea desired hearingsite. If no request for a hearingis filed within30 days after servicethereof, the Decision and Order will become final and must be posted by the operatoron the mine bulletinboard at the mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health