In the matter of: Petition for Modification
Excel Mining, LLC.
Mine #4
I.D. No. 15-19515 Docket No. M-2017-008-C
PROPOSED DECISION AND ORDER
On May 17, 2017, Excel Mining, LLC., filed a petition seeking a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Mine #4 located in Pike County, Kentucky. The Petitioner proposes an alternative method outlined in the petition that will at all times guarantee no less than the same measure of protection afforded by the standard.
The standard reads, in relevant part,
(b)(6) Service brakes that act on each wheel of the vehicle and that are designed such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in a complete loss of service braking capability;
The petitioner proposes an alternate method of modifying the equipment and providing additional training, in lieu of installing brakes on the front two wheels.
On June 7, 2017, MSHA personnel conducted an investigation of the petition and filed a report of their findings 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, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The Mine #4 is an underground mine operating in Pike County, Kentucky. The mine is opened into the Pond Creek coal seam on a 20% slope. Mine equipment and materials are lowered to the slope bottom utilizing a slope hoist. In addition, the mine is ventilated utilizing one mine fan, exhausting 483,277 cubic feet of air per minute. The mine was put on a 15 day 103(i) spot on April 24, 2015. Current laboratory analysis of return air samples taken on April 17, 2017 shows a methane liberation rate of 487,143 cubic feet per day through the mine. The mine currently has six continuous mining machines units that make up three super sections.
Shuttle cars and ram cars transport the coal from the face to the belt tailpiece feeder. Belt conveyors transfer the coal from the working section to the surface. Mine# 4 employs approximately 206 miners and produces approximately 13,000 tons of bituminous coal per day from the Pond Creek seam with an average height of 60 inches. The mine works two production shifts per day, six days a week and one maintenance shift.
Section 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
Petitioner proposes an alternate method in lieu of the front wheel brakes on the diesel powered, six-wheeled Dapco Roadbuilder, Model DP-10G (Serial Number 003) used at the Mine #4. The grader is powered by a Deutz diesel engine, Model BF4M2012C, Serial No. 11ZZ1868, and Approval No. 07EM0400030, used at the Excel Mining, L.L.C., Mine #4, mine ID: 15-19515.
The grader has dual brake systems on the four rear wheels and the braking system would not be disabled due to a single component, except the brake actuation pedal. Petitioner proposes to limit the speed of the diesel grader to 10 miles per hour (mph) by permanently blocking out any gear that would provide higher speed or use transmission and differential ratios that would limit the maximum speed to 10 mph; provide training for the operator to recognize appropriate speeds for different road conditions and slopes; and to provide training for the operators to lower the grader blade to provide additional stopping capability in emergency situations.
The alternative method proposed by Excel Mining, L.L.C. (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1909(6)(6). The diesel grader will be equipped with devices that limit speed to 10 mph and the grader operator(s) will be trained to lower the grader blade in emergency conditions to stop the grader. These terms and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.
On the basis of the petition and the findings of MSHA1s investigation, Excel Mining, L.L.C., is granted a modification of the application of 30 C.F.R. § 75.1909(6)(6) to its Mine #4.
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 l0l(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Excel Mining, LLC.'s Petition for Modification of the application of 30 C.F.R. § 75.1909(b)(6) in Mine #4 is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
- This Proposed Decision and Order is limited in application to the diesel powered, six-wheeled Dapco Roadbuilder, Model DP-l0G (Serial Number 003).
- The maximum speed on the diesel grader shall be limited to 10 mph by:
- Permanently blocking out any gear or any gear ratio that provides higher speeds. The device must limit the vehicle speed in both forward and reverse; or
- Using transmission(s) and differential(s) geared in accordance with the equipment manufacturer that limit(s) the maximum speed to 10 mph.
- Prior to implementing the alternative method:
- The diesel graders must be inspected by MSHA to determine compliance with the terms and conditions of the Proposed Decision and Order.
- Grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes.
- Grader operators must be trained to lower the grader blade to provide additional stopping capability in emergencies.
- Grader operators must be trained to recognize the transmission gear blocking device and its proper application and requirements.
- The grader must comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 C.F.R. Parts 75 and 77.
Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager. These revisions must 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 C.F.R. § 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202-5452.
If a hearing is requested, the request must 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 may 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.
/s/ by Gregory B. Meikel for
Timothy R. Watkins
Deputy Administrator for
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 9th day of November, 2017, to:
Rick James, Maintenance Chief
Excel Mining, LLC.
Mine #4
4126 State Highway
194W Pikeville, KY 41501
/s/
Monique G. Banks
Secretary
cc: Franklin J Reed, Division Director, Division of Mine Safety,
1025 Capital Center Dr., Suite 201 P.O. Box 2244 Frankfort, KY 40601
franklin.reed@ky.gov