Feb 06, 2019
In the matter of: Petition for Modification
Utah American Energy, Inc. Lila Canyon Mine
I.D. No. 42-02241 Docket No. M-2015-020-C
PROPOSED DECISION AND ORDER
On September 10, 2015 a petition was filed seeking a modification of the application of 30 Code of
Federal Regulations (30 C.F.R.) § 75.507-l(a) to Petitioner's Lila Canyon Mine located in Emery
County, Utah. The Petitioner alleges that the alternative method outlined in the petition will at
all times guarantee no less than the same measure of protection afforded by the standard.
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.507-l(a) states, in
relevant part,
(a) All electric equipment, other than power-connectionpoints, used in return air outby the last
open crosscut in any coal mine shall be permissible except as provided in paragraphs (b) and (c) of
this section.
Petitioner is requesting a modification of the standard to allow the use of non- permissible
surveying equipment in return air outby the last open crosscut.
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 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
MSHA investigators conducted an investigation of Utah American Energy, Inc.'s, Lila Canyon Mine on
October 6, 2015.
The Lila Canyon Mine is developed into the Sunnyside seam with an average seam thickness of eight
feet. There are presently two continuous miner sections and one retreating longwall system.
Electrical powered shuttle cars are utilized in the continuous miner section and a conveyor belt
system is used to transport coal out of the mine. The mine produces approximately 10,710 tons of
coal per day and currently liberates no methane. The mine is located in Emery County, 6.5 miles
east of U.S. Route 6/ 191, along county road 126. The mine currently employs 179 employees. The
mine has two 12-hour-shifts production shifts 7 days per week. Rubber-tired diesel powered
equipment is utilized for transporting miners and materials throughout the mine. The granting of
this petition would affect all underground miners at the mine. There are no miner's representatives
at this mine
On the basis of the petition and the findings of MSHA's investigation, Utah American Energy ,
Inc.'s, is granted a modification of the application of§ 75.507-l(a) to its Lila Canyon Mine.
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. § 811(c), it is ordered that Utah American Energy, Inc.'s Petition for
Modification of the application of 30 C.F.R.
§ 75.507-l(a) in the Lila Canyon Mine is hereby:
GRANTED, for the operator who may use the following total stations and theodolites and similar low
voltage battery-operated total stations and theodolites if they have an IP rating of 66 or greater
in return air subject to the conditions of this Order:
1. Sokkia Electronic Total Station Model SET 350RX-31A
2. Sokkia Electronic Total Station Model SET 350R
3. Sokkia Electronic Total Station Model SETS 30 R 6 VDC
4. Sokkia Electronic Total Station Model SETS 50 RX 6 VDC
5. Topcon Electronic Total Station Model GTS-225 7.2 VDC
6. Topcon Electronic Total Station Model GTS-300W 7.2 VDC
7. Topcon Digital Theodolite Model DT-270L
8. Topcon Digital Theodolite Model DT-209L
9. Sokkia Electronic Total Station Model SET-300 7.2 VDC
10. Topcon Electronic Total Station Model GTS-301D 7.2 VDC
11. Topcon Electronic Total Station Model GTS-235W
1. Non-permissible electronic surveying equipment shall only be used until equivalent
permissible electronic surveying equipment is available. The equipment allowed under this Order is
low voltage or battery-powered non-permissible total stations and theodolites. All non-permissible
electronic total stations and theodolites shall have an IP 66 or greater rating. When equipment
contains lithium batteries, the equipment must meet lithium battery safety standard UL1642 or IEC
62133.
2. The operator will maintain a logbook for electronic surveying equipment with the
equipment, or in the location where mine record books are kept or in the location where the
surveying record books are kept. The log book will contain the date of manufacture and/ or purchase
of each particular piece of electronic surveying equipment, and include proof of compliance with
any lithium battery safety standard. The logbook shall be made available to MSHA upon request.
3. All non-permissible electronic surveying equipment to be used in the return shall be
examined by the person to operate the equipment prior to taking the equipment underground to ensure
the equipment is being maintained in a safe operating
condition. These examinations shall include
1. Check the instrument for any physical damage and the integrity of the case;
ii. Remove the battery and inspect for corrosion;
iii. Inspect the contact points to ensure a secure connection to the battery;
iv. Reinsert the battery and power up and shut down to ensure proper connections; and
v. Check the battery compartment cover or battery attachment to ensure that it is securely fastened.
vi. For equipment utilizing lithium type cells, ensure that lithium cells and/ or packs are not
damaged or swelled in size.
The results of this examination will be recorded in the logbook.
4. The equipment shall be examined at least weekly by a qualified person as defined in 30
C.F.R. § 75.153; the examination results shall be recorded weekly in the equipment's log book.
Examination entries in the logbook may be expunged after one year.
5. The operator is to ensure that all non-permissible electronic surveying equipment is
serviced according to the manufacturer's recommendations. Dates of service will be recorded in the
equipment's log book and shall include a description of the work performed.
6. The non-permissible surveying equipment that will be used in the return, shall not be
put into service until MSHA has initially inspected the equipment and determined that it is in
compliance with all the terms and conditions of this Order.
7. Non-permissible surveying equipment shall not be used if methane is detected in
concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected
while the non- permissible surveying equipment is being used, the equipment shall be de-energized
immediately and the non-permissible electronic equipment withdrawn out of the return. Prior to
entering in the return all requirements of 30 C.F.R. § 75.323 must be complied with.
8. As an additional safety check, prior to setting up and energizing non-permissible
electronic surveying equipment in or inby the last open crosscut, the surveyor(s) shall conduct a
visual examination of the immediate area for evidence that the areas appear to be sufficiently
rock- dusted and for the presence of accumulated float coal dust. If the rock- dusting appears
insufficient or the presence of accumulated float coal dust is observed, the equipment may not be
energized until sufficient rock dust has been applied and/ or the accumulations of float coal dust
have been cleaned-up. If non-permissible electronic surveying equipment is to be used in an
unrock-dusted area within 40 feet of a working face where a continuous mining machine is used to
extract coal, the area is to be rock-dusted prior to energizing the electronic surveying equipment.
A positive means of preventing mobile equipment from tramming in the same entry or cross-cut where
surveyors are conducting their work inby the feeder shall be provided and addressed in the Roof
Control Plan.
9. All hand-held methane detectors shall be MSHA- approved and maintained in permissible
and proper operating condition as defined by 30 C.F.R. § 75.320. All methane detectors must provide
visual and audible warnings when methane is detected at or above 1.0 percent.
10. Prior to energizing any of the non-permissible surveying equipment in the return,
methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
11. All areas to be surveyed must be pre-shifted according to 30 C.F.R.
§ 75.360 prior to surveying. If the area was not pre-shifted, a supplemental examination according
to 30 C.F.R. § 75.361 must be performed before any non-certified person enters the area. If the
area has been examined according to 30 C.F.R. § 75.360 or 30 C.F.R. § 75.361, additional
examination is not required.
12. A qualified person as defined in existing 30 C.F.R. § 75.151 shall continuously monitor
for methane immediately before and during the use of non-permissible surveying equipment in return
air outby the last open crosscut. A second person in the surveying crew, if there are two people in
the crew, must also continuously monitor for methane. That person must either be a qualified person
as defined in 30 C.F.R. § 75.151 or be in the process of being trained to be a qualified person but
has yet to "make such tests for a period of 6 months 11 as required by 30 C.F.R.
§ 75.150. Upon completion of the 6 month training period the second person on the surveying crew
must become qualified in order to continue on the surveying crew. If the surveying crew consists of
one person, rather than two, such person shall monitor for methane with two separate devices.
13. Batteries contained in the surveying equipment must be "changed out” or “charged” in
intake air out of the return. Replacement batteries for the electronic surveying equipment shall
be carried only in the compartment provided for a spare battery in the electronic equipment
carrying case. Before each shift of surveying, all batteries for the electronic surveying
equipment must be charged sufficiently. They are not expected to be replaced on that shift.
The following maintenance and use conditions shall apply to equipment containing lithium-type
batteries:
i. The battery pack must not be disassembled or modified by anyone other than permitted by
the manufacturer of the equipment.
ii. The battery pack must only be charged using the original equipment manufacturer's
recommended charger on the surface of the mine.
iii. The battery must not be exposed to water or allowed to get wet. This does not preclude
incidental exposure of sealed battery packs.
iv. The battery must not be placed in direct sunlight or used or stored near a source of
heat.
v. The battery must not be used at the end of its life cycle (e.g. when there is a
performance decrease of greater than 20% in battery operated equipment). The battery must be
disposed of properly
14. When using non-permissible electronic surveying equipment in return air outby the last
open crosscut, the surveyor must confirm by measurement or by inquiry of the person in charge of
the section, that the air quantity on the section, on that shift, in the last open crosscut is at
least the minimum quantity that is required by the mine's ventilation plan.
15. Personnel engaged in the use of surveying equipment shall be properly trained to
recognize the hazards and limitations associated with the use of surveying equipment in areas where
methane could be present.
16. All members of the surveying crew shall receive specific training on the terms and
conditions of this Order before using non-permissible electronic equipment in the return. A record
of the training shall be kept with the other training records.
17. Within 60 days after this Order becomes final, the operator shall submit proposed
revisions for its approved 30 C.F.R. § 75.220 roof control plan and 30 C.F.R. Part 48 training
plans to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify
additional measures to protect surveyors from the hazards of mobile equipment while conducting
their work on the working section, initial and refresher training regarding the terms and
conditions stated in this Order. When training is conducted on the terms and conditions in this
Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. Comments shall be
included on the Certificate of Training indicating that it was surveyor training.
18. The operator shall replace or retire from service any electronic surveying instrument
that was acquired prior to December 31, 2004 within one year of this Order becoming final. The
operator shall replace or retire from service any electronic surveying instrument that was acquired between January 1,
2005 and December 31, 2010 within two years of this Order becoming final. Within three years of the
date that this Order becomes final, the operator shall replace or retire from service any
theodolite that was acquired more than five years prior to the date that this Order became final or
any total station or the other electronic surveying equipment identified in this Order acquired
more than ten years prior to the date that this Order became final. After five years, the operator
will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be
no older than five years from date of manufacture and total stations and other electronic surveying
equipment will be no older than 10 years from date of manufacture.
19. The operator is responsible for seeing that all surveying contractors hired by the
operator are using electronic equipment in accordance with the requirements of Condition Number 18
in this Order. The conditions of use in this Order shall apply to all non-permissible electronic
surveying equipment used in a return, regardless of whether the equipment is used by the operator
or by an independent contractor.
20. Non-permissible surveying equipment may be used when production is occurring, subject to
these conditions:
a. On an MMU where production is occurring, non- permissible electronic surveying equipment shall
not be used downwind of the discharge point of any face ventilation controls, such as tubing
(including controls such as "baloney skins) or curtains.
b. Production may continue while non-permissible electronic surveying equipment is used, if the
surveying equipment is used in a separate split of air from where production is occurring.
c. Non-permissible surveying equipment shall not be used in a split of air ventilating an MMU if
any ventilation controls will be disrupted during such surveying. Disruption of ventilation
controls means any change to the mine's ventilation system that causes the ventilation system not
to function in accordance with the mine's approved ventilation plan.
d. If, while surveying, a surveyor must disrupt ventilation, the surveyor shall cease surveying
and communicate to the section foreman that ventilation must be disrupted. Production must stop
while ventilation is disrupted. Ventilation controls must be reestablished immediately after the disruption is no longer necessary. Production can only resume
after all ventilation controls are reestablished and are in compliance with approved ventilation or
other plans, and other applicable laws, standards, or regulations.
e. Any disruption in ventilation shall be recorded in the logbook required by this Order. The
logbook shall include a description of the nature of the disruption, the location of the
disruption, the date and time of the disruption, the date and time the surveyor communicated the
disruption to the section foreman, the date and time production ceased, the date and time
ventilation was reestablished, and the date and time production resumed.
f. All surveyors, section foremen, section crew members, and other personnel who will be involved
with or affected by surveying operations shall receive training in accordance with 30 C.F.R. §
48.7 on the requirements of this Order within 60 days of the date this Order becomes final. Such
training must be completed before any non-permissible surveying equipment can be used while
production is occurring. The operator shall keep a record of such training and provide such record
to MSHA upon request.
g. The operator shall provide annual retraining to all personnel who will be involved with or
affected by surveying operations in accordance with 30C.F.R. § 48.8.
The operator shall train new miners on the requirements of this Order in accordance with 30 C.F.R.
§ 48.5, and shall train experienced miners, as defined in 30 C.F.R. § 48.6, on the requirements of
this Order in accordance with 30 C.F.R. § 48.6. The operator shall keep a record of such training
and provide such record to MSHA upon request.
21. The operator shall post this Order in unobstructed locations on the bulletin boards and/
or in other conspicuous places where notices to miners are ordinarily posted, for a period of not
less than 60 consecutive days.
22. Unless specifically mentioned herein, nothing in this Order changes or supersedes the
requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved ventilation or other plans.
The petitioner shall include the above terms and conditions in the initial and annual refresher
training as required in its approved Part 48 training plans to ensure that miners are aware of the
stipulations contained in this petition.
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, 20112th Street South, Arlington, Virginia 22202.
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 the 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/
David L. Weaver,
Acting Deputy Administrator For
Coal MineSafety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed,
postage paid, or provided by other electronic means this 5th day of February, 2019, to:
Mr. David Hibbs
Utah American Energy, Inc. Lila Canyon Mine
794 North "C" Canyon Road
East Carbon, UT 84520
/s/
Tammi Carrington
Secretary
cc: Mr. David Houghton, Director, Utah Office of Coal Mine Safety, 940 S. Carbon Avenue, Price, UT
84501