In the matter of: Petition for Modification
Signal Peak Energy LLC
Bull Mountains Mine No 1
I.D. No. 24-01950 Docket No. M-2018-022-C
PROPOSED DECISION AND ORDER
On November 8, 2018, a petition was filed seeking a modification of the application of 30 Code of
Federal Regulations (30 C.F.R.) § 75.1002(a) to Petitioner's Bull Mountains Mine No 1 located in
Musselshell County, Montana. 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
stand ard .
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.1002(a) states, in
relevant part,
(a) Electric equipment must be permissible and maintained in a permissible condition when such
equipment is located within 150 feet of pillar workings or longwall faces.
Petitioner is requesting a modification of the standard to allow the use of non- permissible
surveying equipment within 150 feet of pillar workings or longwall faces.
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
The petitioner seeks modification of 30 C.F.R. § 75.1002(a) as it applies to the use of
battery-powered non-permissible surveying equipment to be used within 150 feet of pillar workings
or longwall faces. However, in MSHA's experience, there are safety concerns when surveying in this
area during production, specifically there can be roof falls and rib rolls during pillar extraction
and space limitations for miners near the shear cutting coal and advancing shields in longwall
mining. In addition, methane accumulations can be encountered therefore non-permissible surveying
equipment is not permitted to be used during production.
MSHA investigators conducted an investigation of Signal Peak Energy LLC's Bull Mountains Mine No 1
from January 9th - 17th, 2019.
Bull Mountains Mine No 1 is opened into the Mammoth coal seam. The mine has one slope opening
located a distance of 36,300 feet from the five main portal openings entering the mine, two being
return (Entry 1 and 2) air courses and is ventilated with a blowing system supplied by a 10 feet
diameter, 1100 RPM, 750 H.P. Spendrup fan supplying 570,000 CFM at 8.5 inches of water gauge. The
backup fan model TLT GAF 24.3 is a 6 feet diameter, 1180 RPM, 900 H.P. fan which supply's 450,000 CFM at 8
inches of water gauge. The average seam height is 108 inches. Bull Mountains Mine No 1 currently has 3 MMU's
operating. Two are continuous mining operations, East Main development (MMU 001) and 8 Right
longwall development (MMU 002) each section operating a Joy continuous miner (12CM12-11BX), two Joy
shuttle cars (10SC3264BCH) and two Fletcher bolters (DOR). The longwall is located in 7 Right and
consist of a Joy Shear (lws730), Tailgate (6263, 62364, 62265), Headgate (6263, 62364, 62265), 187
shields, 800 H.P. Crusher (62261, 62262), Stageloader (5795541020081) and a Monorail cable handling
system.
The mine operator reports there are 264 employees currently working at the mine with 171 miners,
which would be affected by the petition for modification. There are four crews which rotate twelve
hour shifts seven days a week, two production shifts (A&C crews) and two maintenance shifts (B&D
crews). The average daily production is 23,679 tons. The mine does not liberate any methane.
The mine is in active status.
The miners at the Bull Mountains Mine No 1 are not represented by a labor union and there are no
miner's representatives. The petition has been posted on the mine bulletin board.
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. §
75.1002(a).
On the basis of the petition and the findings of MSHA's investigation, Signal Peak Energy LLC, is
granted a modification of the application of 30 C.F.R. § 75.1002(a) to its Bull Mountains Mine No
1.
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 Signal Peak Energy LLC's Petition for
Modification of the application of 30 C.F.R. § 75.1002(a) in the Bull Mountains Mine No 1 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
within 150 feet of pillar workings or longwall faces 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 voe
4. Sokkia Electronic Total Station Model SETS 50 RX 6 VDe
5. Topcon Electronic Total Station Model GTS-225 7.2 VDe
6. Topcon Electronic Total Station Model GTS-300W 7.2 VDe
7. Topcon Digital Theodolite Model DT-270L
8. Topcon Digital Theodolite Model DT-209L
9. Sokkia Electronic Total Station Model SET-300 7.2 VOe
10. Topcon Electronic Total Station Model GTS-301D 7.2 VDe
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 within 150 feet of pillar
workings or longwall faces 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
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; 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 within 150 feet of pillar
workings or longwall faces shall not beput 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 more than 150 feet from pillar
workings or longwall faces. Prior to entering within 150 feet of pillar workings or longwall faces,
all requirements of 30 C.F.R. § 75.323 must becomplied 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.
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 within 150 feet of
pillar workings or longwall faces, methane tests must be made in accordance with 30 C.F.R. §
75.323(a). Non- permissible surveying equipment must not be used within 150 feet of pillar workings
or the longwall face when production is occurring.
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 beenexamined 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 within 150 feet of pillar workings or longwall faces. 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" 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" in intake air more
than 150feet away from pillar workings or the longwall face. 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 that 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 within 150 feet of pillar
workings or longwall faces, 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 within 150feet of pillar
workings or longwall faces. 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 their approved 30 C.F.R. Part 48 training plans to the Coal Mine Safety and Health
District Manager. These proposed revisions shall specify 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 within 150 feet of pillar workings or longwall faces, regardless of
whether the equipment is used by the operator or by an independent contractor.
20. The operator shall provide annual retraining to all personnel who will be involved with
or affected by surveying operations in accordance with 30 C.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, 201 12th 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 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 5th day of
March , 2019, to:
Mr. R. Henry Moore
Jackson Kelly PLLC
Three Gateway Center, Suite 1340
401 Liberty Avenue
Pittsburgh, PA 15222-1000
hmoore@jacksonkelly.com
/s/
Tammi Carrington
Secretary
cc: Ed Coleman, Bureau Chief, Industrial and Energy Minerals Bureau (IEMB) Permitting & Compliance
Division, P.O. Box 200901, Helena, MT 59620-0901,
EColeman@mt.gov