Petition Docket No. M-2024-011-C

In the matter of PETITION FOR MODIFICATION
Fossil Rock Resources, LLC
Fossil Rock Mine
Mine I.D. No. 42-01211 Docket No. M-2024-011-C

PROPOSED DECISION AND ORDER

On June 21, 2024, Fossil Rock Resources, LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.1002(a) at its Fossil Rock Mine in Emery County, Utah. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.1002(a) – Permissible electric equipment states,

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.

The petitioner is requesting a modification of the standard to allow the use of non-permissable surveying equipment inby the last open crosscut. Specifically, the petitioner is requesting to utilize the Sokkia IM-52-2 Total Station.

The petitioner states that:

1.    In order to comply with requirements of 30 C.F.R. § 75.372, and §75.1200, use of the most practical and accurate surveying equipment is necessary.
2.    Mechanical surveying equipment has been obsolete for a number of years. Such equipment of acceptable quality is not commercially available. Further it is difficult, if not impossible, to have such equipment serviced or repaired.
3.    Electronic surveying equipment is, at a minimum, 8-10 times more accurate than mechanical equipment.
4.    Fossil Rock mines utilize the continuous miner and longwall methods of mining.
5.    Accurate surveying is critical to the safety of the miners at the Fossil Rock Mine, as underground mining by its nature, size and the complexity of its mine plans require accurate and precise measurements to be completed in a prompt and efficient manner.
6.    The alternative method they have proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard 30 C.F.R. § 75.1002(a).

MSHA personnel investigated the merits of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
Findings of Fact and Conclusions of Law

MSHA investigated pertinent details of Fossil Rock Resources, LLC’s Fossil Rock Mine on October 30, 2024 and November 27, 2024.

Fossil Rock Resources LLC, Fossil Rock Mine is located 16 miles Northwest of Orangeville, UT in Emery County. It opened in 2023. Bituminous coal is mined from the Hiawatha seam with the average height of 96 inches. The entries are 19 feet wide. The main mine fan is a blowing fan, accompanied by a back-up blowing fan that supplies the ventilation system in the mine with intake air located at Portal Five. This mine has five portals in total. No explosive levels of methane gases or other gases has ever been encountered at the mine. The mine currently employs approximately 111 workers. It has one continuous miner section with one Mechanized Mining Unit operating two 12-hour shifts, seven days per week. There is a six-hour maintenance downshift as needed on one of the 12-hour shifts. An average of 490 tons of raw coal is currently being produced each shift.

The investigation included an item-by-item review of the proposed PFM with an onsite visit. The Mine operator and engineers demonstrated the Sokkia IM-52-2 Total Station to the investigator on October 30, 2024. The investigator verified that the proposed PFM had been posted on the mine’s bulletin board, and that the mine operator had adequately explained the PFM process. All hourly and salaried employees interviewed stated the company has held safety and informational meetings on the proposed PFM. Each hourly and salaried worker was given the opportunity to read the entire PFM before making any comments.

The following individuals participated in the investigation at Fossil Rock Mine:

For Fossil Rock Resources, LLC:

1.    Kirt Tatton, General Mine Manager
2.    Scott Jones, Maintenance Superintendent
3.    Jason Layton, Senior Engineer
4.    Doug Luke, Safety Representative
5.    Becky Hill, Safety Representative
6.    Blake Brown, Safety Director

There was no Representative of Miners at the Fossil Rock Mine; however, MSHA interviewed three miners regarding the PFM:

1.    Matt Huff, Fireboss
2.    Tyrone Santi, Continuous Miner Operator
3.    Jose Valenzuela, Roof Bolting Machine Operator
4.    Cody Ware, Contractor, Professional Surveyor
5.    Brent Hardee, Fireboss

Of the miners interviewed, none had any concerns about the petition being approved, several mentioned that they had previously worked with similar surveying equipment at other mines. All supervisors and miners contacted had no issue with the use of battery powered, non-permissible surveying equipment being used or taken into the last open crosscut of the mine.

Proposed alternative method
Fossil Rock Resources, LLC, proposes the following alternative method to comply with 30 C.F.R. § 75.1002(a).
1. The equipment allowed under this Petition 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.

1. piece of electronic surveying equipment. The logbook shall be made available to MSHA upon request.

2.    All non-permissible electronic surveying equipment to be used in or inby the last open crosscut, in the return, or 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. The results of this examination will be recorded in the logbook.

3. 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. Such records shall be retained for one year.

4. 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.

5. The non-permissible surveying equipment that will be used in or inby the last open crosscut or 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 Petition.

6. 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 outby the last open crosscut, out of the return or within 150 feet of pillar workings or the longwall face. Prior to entering in or inby the last open crosscut or in the return, all requirements of 30 C.F.R. § 75.323 must be complied with.

7. As an additional safety check, prior to setting up and energizing nonpermissible electronic surveying equipment in or inby the last open crosscut, in the return or within 150 feet of pillar workings or the longwall face, 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 nonpermissible 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.

8. 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.

9. Prior to energizing any of the non-permissible surveying equipment in or inby the last open crosscut or in the return, methane tests must be made in accordance with 30 C.F.R. 75.323(a).

10. 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.

11. 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 or inby the last open crosscut, in the return or within 150 feet of pillar workings or the longwall face. 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.

12. Batteries contained in the surveying equipment must be "changed out" or "charged" in intake air outby the last open crosscut, out of the return or more than 150 feet of 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.

13. When using non-permissible electronic surveying equipment in or inby the last open crosscut or in the return, 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

14. 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 Petition before using non-permissible electronic equipment in or inby the last open crosscut or in the return. A record of the training shall be kept with the other training records.

17. Within 60 days after any granted Petition becomes final, the operator shall submit proposed revisions for its 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 Petition. When training is conducted on the terms and conditions in this Petition, an MSHA Certificate of Training (Form 5 GOO-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 Petition becoming final. Within three years of the date that any granted Petition 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 Petition became final or any total station or the other electronic surveying equipment identified in this Petition acquired more than ten years prior to the date that this Petition became final. After five years from the approval of this petition, 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 Petition. The conditions of use in this Petition shall apply to all non-permissible electronic surveying equipment used in or inby the last open crosscut, in a return or within 150 feet of pillar workings or the longwall face, 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 Petition. 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 Petition within 60 days of the date this Petition 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 Petition 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 Petition 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 Petition in unobstructed locations on the bulletin boards and/or in other conspicuous places where notices to miners are ordinarily posted, at all the mines for which this Petition applies, for a period of not less than 60 consecutive days.
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, Fossil Rock Resources, LLC, is granted a modification of the application of 30 C.F.R. § 75.1002(a) for Fossil Rock Mine.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement 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 Fossil Rock Resources, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1002(a) at the Fossil Rock Mine is hereby:

GRANTED, for the operator who may use the following total stations and theodolites and similar low voltage (8 Volts or less) 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:
The petitioner proposes to use the following low voltage battery-operated surveying equipment:

Manufacturer/Model: SOKKIA IM-52-2 TOTAL STATION
Batteries: BDC46C Rechargeable Lithium-ion
Volts: 7.4 V
Ingress Protection (IP) rating: IP66

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 a low voltage (8 volts or less) battery-powered non-permissible total station. All non-permissible electronic equipment 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. Manufacturer recommended battery packs must be used in all equipment.

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 logbook 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 used according to the original equipment manufacturer’s recommendations and 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 logbook. 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 logbook 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 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 outby the last open crosscut. Prior to entering within 150 feet of pillar workings or longwall faces 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 within 150 feet of pillar workings or longwall faces, the surveyor(s) shall conduct a visual examination of the immediate area for evidence that the area appears 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 un-rock 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 crosscut where surveyors are conducting their work inby the feeder shall be provided and addressed in the Ventilation 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 within 150 feet of pillar workings or longwall faces, 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 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. 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 so that they are not expected to be replaced on that shift. The “change out” of the battery packs shall only be performed in intake air outby the last open crosscut.

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 on the surface of the mine using the original equipment manufacturer’s recommended charger.

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.
a.    Follow the manufacturer’s recommendations and instructions. Check and monitor each unit’s run time. Observe and note the run time that a new fully charged battery provides for powering the unit. Record and use this new battery run time as the baseline for determining its service life.
Note: The battery run time will vary depending on the product’s configuration and the applications running.
b.    Routinely check the battery’s charge status.
c.    Routinely monitor batteries that are approaching the end of their estimated service life.
d.    Remove the battery from service with the following conditions:

i. The battery run time drops below about 80% of the new battery run time.

ii. The battery charge time increases significantly.

e. Follow the storage instructions as recommended by the manufacturer. If the instructions were not followed for a battery stored or otherwise unused for an extended period or the battery has no charge remaining, consider it to be damaged. Do not attempt to recharge it or to use it. Remove it from service and replace it with a new battery.

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.

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 150 feet 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 its approved 30 C.F.R. § 75.370(a)(1) ventilation plan and 30 C.F.R. Part 48 training plans to the 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 maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than five years from the date of manufacture and total stations will be no older than ten years from the date of manufacture.

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. 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 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.

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 Mine Safety and Health Enforcement, 200 Constitution Ave. NW, Suite C3522, Washington, DC 20210

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.

Dustan Crelly,
Acting Administrator for
Mine Safety and Health Enforcement

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 day of, to:

R. Henry Moore
Fisher & Phillis LLP
Six PPG Place
P.O. Box 261
Suite 830
Pittsburgh, PA 15222
Hmoore@fisherphillips.com
(412)822-6626

Tatton Kirk
General Manager,
Fossil Rock Resources, LLC.
9185 South Monroe St.
Suite 204
Sandy, UT 84070
ktatton@wolverinefuels.com

Avichai Bass
General Engineer

cc:    Mr. David Houghton, Director
    Utah Office of Coal Mine Safety
    940 S. Carbon Ave.
    Price, UT 84501
    dhoughton@utah.gov