Petition Docket No. M-2022-001-C

6/10/2022

In the matter of:                                                                                Petition for Modification
Signal Peak Energy, LLC
Bull Mountains Mine No. 1
I.D. No. 24-01950                                                                              Docket No. M-2022-001-C

PROPOSED DECISION AND ORDER

On January 20, 2022, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) to Petitioner’s Bull Mountains Mine No. 1 located in Roundup, 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 standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) states, in relevant part,

(d) All other electric face equipment which is taken into or used inby the last open crosscut of any coal mine…..shall be permissible.

Petitioner is requesting a modification of the standard to allow the use of unapproved Powered Air Purifying Respirators (PAPR), in or inby the last open crosscut.

Specifically, the petitioner is requesting to utilize the 3M VersafloTM TR-800 PAPR.

The Petition for Modification states in Item 4: “The Bull Mountains Mine No. 1 uses 3M Airstream Headgear-Mounted Powered Air Purifying Respirators (PAPR) to protect its longwall miners from exposure to respirable dust. Item 5(h) further states: “The product will not be used in continuous miner sections alongside proximity detection systems.”

Based on the petitioner’s request to use the 3M Versaflo TR-800 PAPR only in the regular longwall mining operations and excluding use of the PAPR in continuous miner sections, a modification of the application of 30 Code of Federal Regulations (30 C.F.R.)

§ 75.500(d) is not applicable.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Signal Peak Energy, LLC’s Petition for Modification of 30 CFR § 75.500(d) at the Bull Mountains Mine No. 1 is hereby:

DISMISSED.

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 Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202.

If a hearing is requested, the request shall contain a concise summary of position concerning 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 shall also comment upon all issues of fact or law at issue 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 Order of Dismissal will become final.

Stephen J. Gigliotti Chief, Division of Safety
Mine Safety and Health Enforcement