FEB 24 2020
In the matter of: Petition for Modification
Rosebud Mining Company Docket No. M-2017-041-C
Cresson I.D. No. 36-09308
Tusky I.D. No. 33-04509
Vail Mine I.D. No. 33-04645
Dutch Run I.D. No. 36-08701
Parkwood Mine I.D. No. 36-08785
Logansport Mine I.D. No. 36-08841
Lowry Mine I.D. No. 36-09287
Crooked Creek Mine I.D. No. 36-09972
Barret Mine I.D. No. 36-09342
Penfield Mine I.D. No. 36-09355
Mine 78 I.D. No. 36-09371
Knob Creek I.D. No. 36-09394
Heilwood I.D. No. 36-09407
Kocjancic I.D. No. 36-09436
Brush Valley I.D. No. 36-09437
Long Run I.D. No. 36-09468
Harmony Mine I.D. No. 36-09477
Coral-Graceton I.D. No. 36-09595
PROPOSED DECISION AND ORDER
On December 13, 2017, Rosebud Mining Company filed a petition seeking an amendment and modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) to Petitioner's to its underground mines listed above. 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 C.F.R. § 75.500(d) states,
(d) All other electric face equipment which is taken into or used inby the last crosscut of any coal mine, except a coal mine referred to in §75.501, which hasnot been classified under any provision of law as a gassy mine prior to March 30, 1970, shall be permissible.
Petitioner is requesting a modification of the standard to allow to use Dell laptop computers or equivalent to maintain and troubleshoot the continuous mining machine (CMM) proximity detection system (PDS) in or inby the last open crosscut with additional safeguards including the following: Pre-use safety checks of equipment by a qualified person, cessation of coal production during use, continuous methane monitoring before and during equipment use, a prohibition on using equipment when methane is at or above one percent, training with respect to safe use, hazards and limitations associated with the use of the equipment. The petitioner contends that this alternative method will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA investigators conducted an investigation into the merits 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 at the Rosebud Mining Company's Mines listed above from January through February 2018. On August 30, 2019, the district coordinator notified the Division of Safety by email indicating that Bergholz 7 Mine is abandoned and sealed and as such no longer requires a petition. Therefore the petition is not needed and shall be dismissed. This PDO does not include Darmac No. 2 Mine and Madison Mine because the petitioner requested the use of laptops in or inby the last open crosscut and not the use of other diagnostic equipment.
Petitioner requests the use of non-permissible laptops in or inby the last open crosscut. The petitioner's request describes the subject equipment in general terms, such as type and functionality, but does not include the equipment make, model, certification, or equipment rating according to hazardous locations. This Proposed Decision and Order excludes already-approved equipment.
According to the MSHA reports of investigations for the petition for modification the petitioner states the diagnostic equipment is necessary to troubleshoot and correct problems with the system at these mines. The PDS system has been used successfully. The IntelliView Software provides the ability to check the tracking performance and evaluate the operational condition of individual components such as antennas and drivers. This preventative maintenance piece incorporates component replacement prior to failure. The petitioner claims the CMM had to be in the face area to repeat the issue that was causing the faults and for this reason it is necessary to have the CMM inby the last open crosscut to diagnose problems with the PDS specific to the area of use. The petitioner states that repairs need to be made in the last open crosscut due to the mine using a bridge haulage system that is physically attached to the CMM. The petitioner claims that if the PDS failed in the face of an entry and the emergency stop override had to be activated, they would have to back the CMM and bridges outby the last open crosscut (which in many cases is back to the belt entry and down along the section belt) in order to use the diagnostic equipment. The operator believes this would expose the miner moving the CMM to additional hazards due to the long distances that may be required to position the CMM outby the last open crosscut. The petitioner states that the bridge coal haulage system is attached to the CMM and would also have to be backed up simultaneously with the CMM to relocate it outby the last open crosscut. The petitioner states that the emergency stop override should only be used to tram the CMM from an unsafe location (such as unbolted roof or loose rib areas) for repair. The operator claims there is less exposure to hazards by using a non-permissible laptop computer in or inby the last open crosscut to diagnose a PDS problem at these mines.
The petition also states once the section belt is advanced, the CMM must be located in or in by the last open crosscut due to the limited distance from working faces. The petitioner further claims that during mining of the three entry portion of the butt panels it is not possible to position the miner outby the last open crosscut. The drawings within the investigation report that indicate the petitioner claims the CMM cannot be taken outby the last open cross cut in the highlighted areas during the mining cycle.
These areas indicate the limited distance of the three entry butt headings for a maximum of four crosscuts.
According to the MSHA report of investigations the petitioner states in the event of a PDS failure, they would be able to diagnose and correct the PDS failure without the need to disable the system with the ESO and thereby prevent the operational hazards of moving the CMM without fully functional proximity system. The petitioner claims the proposed alternate method will provide a level of safety equal to or greater than the statute in place.
The authors of the final rule understood the need to conduct maintenance task on an electrically powered mining machine. A safe location for repair of a mining machine on a working section is outby the last open crosscut. This location provides a safe location for qualified electricians and mechanics to conduct their work. Non-permissible hand tools have been used many times by maintenance personnel to expedite removal of covers to explosion proof (XP) enclosures to access electrical components. Once XP enclosures are opened onboard mining equipment it is no longer consideredpermissible and no longer safe to energize in areas where permissible equipment is required. These areas are considered hazardous locations where an explosive mixture of air or vapor may be present which can be caused to explode by an arc or spark. To avoid these danger of explosions of all electrical components which may create arcs and sparks should if possible be kept out of the rooms where the hazardous locations exist. Where this is not possible the equipment must be of types approved for use in explosive atmospheres. So understanding that MSHA approved CMMs are designed for these permissible areas they should be relocated to a safe location to conduct maintenance operations. The safe locations include areas that are not classified as hazardous.
Tramming the CMM outby the last open crosscut also provides multiple escape routes for miners in the event of an emergency.
The petitioner demonstrated the use of the Matrix IntelliZone diagnostic software on a working section. The Matrix software with the laptop computer demonstrated the capability of identifying each MWC component within the zones surrounding the CMM, it plotted the location of each MWC, it indicated the size of the magnetic field from each driver on the CMM, and the warning and shut-down zones were also plotted on the computer display. The diagnostic system will chart the strength of the two machine-mounted antennas. The laptop receives the diagnostic information from the miner wirelessly, but has a maximum operating range of approximately 65 to 125 feet. The operator claims it is necessary to position the diagnostic equipment near the machine for the following reasons.
A. The person with the laptop can observe the actual location of the miner operator relative to the CMM and compare it with the expected results.
B. For observation of the machine-mounted driver information
C. For setting the warning and hazard zones at the CMM.
Multiple demonstrations and test were conducted with the laptop outby the last-open crosscut. There were observed affects from trailing cables, large steel structures and equipment, such as low belt structure and battery powered scoops have on system performance. The laptop's wireless communication capabilities and limitations were evaluated and successful in line of site of the equipment. Therefore the only location where the laptop shall be allowed in the subject area is within the first 4 crosscuts of the butt headings.
The Matrix IntelliZone System Manual details that tracking performance can be checked by connecting to the system's controller via the software key's Ethernet port or wirelessly using a mNet Adapter. The manual walks the user through steps that include checking all four rings for expansion and contraction as you walk the locator around the machine; try associating a different locator; check the antenna performance using the software, use the software and begin the process of charting and assessingacceptable range around the machine by verifying the RmDb. The manual indicates that a laptop can be used to assist the user analyze the tracking of the system.1
The manual also provides warnings that state:
• Do not use the IntelliZone proximity detection system, including software without proper training.
• Improper adjustments may result in failure of the IntelliZone proximity detection system to operate or operate correctly
• The IntelliZone proximity detection system requires a machine specific commissioning document. Contact Matrix to obtain the proper documentation.
The mining industry has experienced pinning, crushing, and striking accidents from PDS installed mining equipment. It is critical that these systems are installed, maintained, examined, and used properly. Therefore is important that the mine operator properly trains all miners who will use the laptop and the software adequately. It is also important that the mine operator maintains the commissioning document on mine property made available to authorized representative upon request. Any adjustments shall be carefully evaluated and function tested prior to placing the equipment back into service. All adjustments shall be recorded to include the following; the adjustments made, purpose for the adjustment, layout drawing indicating the warning and hazard zones (zones must be detailed by accurate measurements), name of the person making the adjustments. Machine operators who use the machines shall be informed of any zone adjustments and properly trained on system or machine modifications prior to using the mining machine.
All miners should always be located in a safe location. This includes staying out of all pinch points that would result in pinning, crushing, or striking accidents. These hazards exist in confined space of an underground mine. The miner using the laptop shall not position themselves between the equipment and a rib at any time. The laptop was observed being used in a cross cut. When a miner is positioned in a cross cut this mitigates pinch point hazards.
The equipment that the petitioner requested to use is not MSHA-approved as permissible. MSHA notes that National Institute of Occupational Safety and Health
1 (NIOSH) researchers have conducted studies on intrinsically safe (IS) equipment and believe that that International Electrotechnical Commission (IEC) document 60079-11, or the American National Standards Institute (ANSI)/International Society (ISA) document 60079-11 for two-fault equipment (marked as ia), would provide an
1 MATRIX INTELLIZONE SYSTEM MANUAL, 2017/03/13, Matrix Design Group, LLC, 3299 Tower
Drive Newburgh, IN 47630, USA; www.matrixteam.com copyright 2013-2017. All rights reserved. Do not distribute without prior consent. equivalent level of safety as MSHA-approved equipment.2 MSHA does not consider all equipment that meets the 60079-11 standard as equivalent to MSHA approval at this time. However, MSHA also recognizes that use of equipment meeting the 60079-11 standard for two-fault equipment (and even, to a lesser extent, equipment meeting onefault (marked as ib) or no-fault (marked as ic) standards) provides a level of safety that is not provided by equipment that does not meet the IEC/ ANSI/ISA standards.
The Department of Defense utilizes environmental engineering consideration and laboratory test to establish guidelines, select methods, procedures and parameter levels. The scope and purpose established for method 511.5 explosive atmosphere establishes a test performed to: demonstrate the ability of materiel to operate in fuel-air explosive atmospheres without causing ignition, or demonstrate that an explosive or burning reaction occurring within encased materiel will be contained, and will not propagate outside the test item. It is noted within this method to use other explosive atmosphere safety test if more appropriate (e.g. electrical or mine safety). This method is limited and may not be representative of some actual fuel-air or aerosol mixtures. This is a conservative test. These procedures are not for high altitudes where lack of oxygen inhibits ignition. The method is intended for spark ignition only and not for ignition due to high surfaces temperatures. Procedure I - Explosive Atmosphere is applicable to all types of sealed and unsealed material. The test evaluates the ability of the test item to operate in a fuel vapor environment without igniting the environment. Procedure II Explosion Containment is used to determine the ability of the test item's enclosure to contain an explosion or flame that is a result of an internal materiel malfunction. The application and method for Procedure II specifically relates to atmospheres in space where flammable fluids or vapors exist. The existence is continuously or intermittently in fuel tanks or within fuel systems.3
The explosive atmosphere testing is not the same as intrinsic safety and not equivalent to IEC 60079-11, however it provides a degree of safety above off the shelf units with no testing or approvals. Therefore, if MSHA-approved permissible or electronic testing and diagnostic equipment that meets ANSI/UL 60079-11 is not available then equipment meeting MIL-STD-810G with UL1604 and ATEX Compliant for Hazardous Areas must be used. The equipment must have an IP 66 rating or higher when 2Calder et. al., An Evaluation of the Relative Safety of U.S. Mining Explosion-Protected Equipment Approval Requirements versus those of International Standards, in PROC. SME, ANNU. MEETING, DENVER, COLORADO, USA (February, 2017), also found at:
https://www.cdc.gov/niosh/mining/content/electrical/explosionprotectionresearch.html; and
Homce, Gerald; Waynert, Joseph; Yenchek, Michael; Matetic, R.J.; A Comparison of U.S. Mining Industry Criteria for Intrinsically Safe Apparatus to Similar IAEC-Based Standards, CENTERS FOR DISEASE CONTROL (CDC), NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)(December, 2016) also found at:
https://www.cdc.gov/niosh/mining/content/comparisonofminingcriteria.html
Environmental Engineering Considerations and Laboratory Tests, Department of Defense, Test Method Standard, MIL-STD-810G, 31 October 2008: http://everyspec.com/MIL-STD/MIL-STD-0800-0899/ available. When an IP 66 rating is not available, the highest IP rating available must be used.
The safety purpose of 30 C.F.R. § 75.S00(d) is to ensure that electric equipment will not cause a mine ignition, fire, or explosion when such equipment is taken into or used inby the last open crosscut of any coal mine. Similarly, the petitioner's alternative proposal seeks to ensure that, when used, non-permissible testing and diagnostic equipment will not introduce an ignition, fire, or explosion hazard by limiting such use to situations in which, methane levels are at or below 1 %, increased equipment checks, methane monitoring, and training. However, while these conditions would mitigate the risks of a mine ignition, fire, or explosion when such equipment is taken into or used inby the last open crosscut, MSHA has determined that additional conditions and clarifications are necessary to achieve the same measure of protection as using permissible testing and diagnostic equipment, including specifications for the use of lithium batteries, using equipment that meets IEC/ ANSI/ISA standards, retiring older equipment, and more prescriptive checking, recordkeeping, training requirements by limiting such use to situations in which coal production has ceased during use and that no float coal dust be in suspension.
The petitioner has posted the petition on the mine bulletin board notifying miners of the terms of this petition. MSHA also interviewed miners as part of its investigation, and miners did not raise safety concerns related to the use of this equipment. The granting of this petition would affect all underground miners.
MSHA finds that the alternate method proposed by the Petitioner (and as amended herein by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.500(d).
On the basis of the petition and the findings of MSHA's investigation, Rosebud Mining Company is granted a modification of the application of 30 C.F.R. § 75.500(d) to its Mines listed above.
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, as amended, 30 U.S.C. § 811 (c), it is ordered that Rosebud Mining Company's Petition for Modification of the application of 30 C.F.R. § 75.500(d) in the Mines listed above is hereby:
GRANTED, for low-voltage or battery-powered non-permissible laptop taken into or used inby the last open crosscut (subject area), conditioned upon compliance with the following terms and conditions:
1. This laptop shall be used only: (1) until MSHA-approved permissible electronic testing and diagnostic equipment is available or another means of diagnostics and testing is available without the use of a laptop; (2) when the mining equipment being tested cannot be towed or moved under its own power to intake air, out of the subject area. The equipment allowed under this Order (low voltage or battery-powered nonpermissible electronic testing and diagnostic equipment) shall be limited to laptop computers. Where commercially available, the operator must use equipment that meets IEC 60079-11 or the ANSI/UL 60079-11 for two-fault IS (marked ia), one-fault IS (marked ib), no-fault IS (marked ic), or, MIL-STD-810G having UL1604 and ATEX Compliant for Hazardous Areas, in that order of preference. The equipment must have an IP 66 rating or higher when available. When an IP 66 rating is not available, the highest IP rating available must be used. When equipment contains lithium batteries, the equipment must meet lithium battery safety standard UL1642 or IEC 62133. Manufacturer recommended battery packs must be used in all equipment. All other equipment in the subject area must be permissible. Laptops meeting above criteria, are permitted to be used in the last open cross-cut but not inby the last open cross-cut and only when such testing cannot be reproduced out-by the last open cross-cut. A laptop is permitted to be used in the last open cross-cut only when the mining equipment cannot be taken outby the last open crosscut. The area where the mining equipment may not be able to be taken outby the last open cross cut is during the mining of the 3 entry portion of the butt panels. When it is necessary to monitor and adjust proximity detection system parameters while the self-propelled equipment is moving, all mining on the working section must cease. All adjustments shall be recorded to include the following; the adjustments made, purpose for the adjustment, layout drawing indicating the warning and hazard zones (zones must be detailed by accurate measurements), name of the person making the adjustments. Machine operators who use the machines shall be informed of any zone adjustments and properly trained on system or machine modifications prior to using the mining machine.
When the laptop is used on the working section miners must remain in safe locations such as cross-cuts on the fresh air side away from pinch points.
2. A record for this equipment shall be maintained on mine property either in a secure book or electronically in a secure computer system not susceptible to alteration. The record will contain the date of manufacture and/ or purchase of each particular piece of electronic testing and diagnostic equipment and include proof of compliance with any lithium battery safety standard. The original equipment manufacturers' user and maintenance manuals also shall be maintained on mine property. The record and manuals shall be made available to Authorized Representatives of the Secretary and miners at the mine.
3. The equipment to be used in the subject area shall be examined by a qualified person, as set forth in 30 C.F.R. § 75.153, prior to taking the equipment underground to ensure the equipment is being used according to the original equipment manufacturer's recommendations and maintained in a safe operating condition. At a minimum, the qualified person conducting the exam shall:
i. 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;
v. Check the battery compartment cover or battery attachment to ensure that it is securely fastened; and
vi. For equipment utilizing lithium type cells, ensure the lithium cells and/ or pack are not damaged or swelled in size.
The results of these examinations shall be recorded.
4. The equipment shall be examined at least weekly by a qualified person as required by 30 C.F.R. § 75.512-2; examination results shall be recorded weekly in the equipment's record. Examination entries in the record may be expunged after one year.
5. The equipment shall be serviced according to the manufacturers' recommendations. Dates of service shall be recorded and include a description of the work performed.
6. The equipment shall not be put into service until MSHA has initially inspected the equipment and determined it is in compliance with all the terms and conditions of this Order.
7. The 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 equipment is being used, the equipment shall be de-energized immediately and withdrawn out of the subject area to fresh air. Batteries shall not be removed to deenergize equipment because removing the battery exposes battery contacts to accidental short-circuiting. All requirements of 30 C.F.R. § 75.323 must be met before returning to the equipment to the subject area.
8. For additional safety, prior to taking the equipment to the subject area or energizing the equipment in the subject area, a certified person (as set forth by 30 C.F.R. § 75.100) shall conduct a visual examination of the location where the equipment will be used for: 1) evidence that the subject area appears to be sufficiently rock-dusted and; 2) the presence of accumulated combustible material including float coal dust in suspension. If the rock-dusting appears insufficient, or the presence of float coal dust is observed in suspension, the equipment may not be energized until sufficient rock dust has been applied and/ or the accumulations of combustible materials including float coal dust in suspension have been cleaned-up or removed.
9. All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as set forth by 30 C.F.R. § 75.320. Measurement devices shall be calibrated or bump tested before each shift to verify proper operation. In addition, all methane detectors must provide visual and audible warnings when methane is detected at and above 1.0 percent.
10. Prior to energizing the equipment in the subject area, methane tests must be made at least 12 inches from the roof, face, ribs and floor, as set forth in 30 C.F.R. § 75.323(a).
11. The subject area must be examined preshift, as set forth by 30 C.F.R. § 75.360, prior to using the equipment. If the area was not examined preshift, a supplemental examination, as set forth by 30 C.F.R. § 75 .361, must be performed before any noncertified person enters the area.
12. Before using the equipment in the subject area, the qualified person must confirm by measurement or by inquiry of the certified person in charge of the section, that the air quantity on the section, for that shift, is at least the minimum quantity required by the mine's approved ventilation plan.
Two qualified persons shall continuously monitor for methane immediately before and during the use of the equipment in the subject area. Each qualified person shall have a hand-held methane detector (one person must use a catalytic detector and the other person must use an infrared gas detector) and be strategically positioned in locations with the greatest potential to detect hazardous gas in the area where the equipment is being used. A qualified person shall also remain with the equipment while the equipment is used in the subject area.
13. Batteries contained in the equipment must be "changed out" in intake air, out of the subject area. No work shall be performed on equipment listed in this Proposed Decision and Order while such equipment is in the subject area. Replacement batteries for the equipment shall not be brought in the subject area. On each entry into the mine, all batteries for the equipment must be fully charged and protected (i.e., carried only in the compartment provided for a spare battery in the equipment or the equipment carrying case). Batteries for the equipment listed within this Proposed Decision and Order shall not be charged underground.
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. Personnel engaged in the use of the equipment shall be properly qualified, as specified in 30 C.F.R. § 75.153, and trained in accordance with the manufacturers' recommended safe use procedures and trained to recognize hazards associated with the use of the equipment especially where methane could be present.
15. All qualified persons and miners affected shall receive specific training on the terms and conditions of this Proposed Decision and Order before using the equipment in subject areas. A record of any training on this Proposed Decision and Order shall be maintained and provided upon request by an Authorized Representative of the Secretary.
16. Within 60 days after the Proposed Decision and Order becomes final, the operator shall submit proposed revisions, to its approved 30 C.F.R. § 75.370 mine ventilation and 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager, specifying the initial and annual training needed for the safe operation of this equipment. When training is conducted pursuant to the terms and conditions of this Proposed Decision and Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. A notation shall be included on the Certificate of Training to indicate it is for non-permissible testing equipment training.
17. Within 60 days after this Proposed Decision and Order becomes final, the operator shall submit proposed revisions to its approved mine emergency evacuation and firefighting program of instruction as required by 30 C.F.R. § 75.1502. The operator shall revise the program to include fire and explosion hazards and evacuation procedures when using equipment in subject areas. All underground miners shall be trained on any revisions within 30 days of approval by the Coal Mine Safety and Health District Manager.
18. The equipment used shall be no older than 10 years from date of manufacture or removed at the end of its service life as recommended by the manufacturer, whichever is shorter.
19. The operator is responsible for ensuring that all persons, including contractors, are using the equipment in accordance with this Proposed Decision and Order. The conditions of use in this Proposed Decision and Order shall apply to all non-permissible electronic equipment used in the subject area, regardless of whether the equipment is used by an employee or by an independent contractor.
20. The operator shall post this Proposed Decision and Order in unobstructed locations on mine 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.
21. The subject equipment shall not be used when coal production is occurring on the section. All mining on the section shall cease prior to use of the equipment in the subject area. A positive means of preventing mobile equipment from tramming in the same entry or cross-cut of the affected area shall be provided and addressed in the mine ventilation plan. When troubleshooting and testing can be performed without power, operators must de-energize, lock, and tag-out the circuit on the equipment. Personal protective equipment, such as electrically rated gloves, must be worn when troubleshooting or testing energized low and medium voltage circuits. After determining the electrical problem and before performing electrical work, operators must open the circuit breaker, disconnect, and lock-out and tag-out the visual disconnect device. High voltage circuits must also be grounded.
22. Unless specifically mentioned herein, nothing in this Proposed Decision and Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved ventilation or other plans.
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 the hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South - Suite 401, Arlington, Virginia 22202-5450.
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 Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
/s/
Timothy R. Watkins,
Administrator for
Mine Safety and Health Administration
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 24th day of February , 2020, to:
Mr. Benjamin E. Stock,
Attorney for
Rosebud Mining Company
And
Jacob T. Wells,
Safety Manager for
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
Mr. Joe Smogyi,
Maintenance Manager
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
Joe.Somogyi@rosebudmining.com
/s/
Michele Gussie
Secretary for Mine Safety and Health
cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety, PA Dept. Environmental Protection, P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672; rwagner@pa.gov