Petition - Docket No. M-78-064-M

J AN 15 2020
In The Matter of                                                      PETITION FOR MODIFICATION
Climax Molybdenum
Company Henderson Mine
I.D. No. 05-00790

Docket No.               30CFR                    Granted              Finalized
_________________________________________________________
M-78-064-M           § 57.19-22               2/28/1979           3/30/1979         

PROPOSED DECISION AND ORDER TO REVOKE

On February 28, 1979, the Mine Safety and Health Administration (MSHA) granted a petition for modification to the Climax Molybdenum Company, Henderson Mine regarding an alternative method of compliance with § 57.19-22. In 1985, this standard was re-codified to the current§ 57.19026 Drum end attachment.

On May 21, 2019, Petitioner requested withdrawal of the petition, alleging that the hoist drum rope attachment at the mine is compliant with the standard. On July 22, 2019, MSHA conducted an inspection at the mine to determine the status of this petition with the following findings:

1. Petitioner claims compliance with § 57.19026(3), as it relates to the rope attachment to the hoist drum, and that the petition is no longer needed.

2. Photos were taken of the pillow block connections and the slippage indicators on the end of the hoist ropes inside the drums. Connections appeared tight/solid.

3. June 20, 2018, report from the manufacturer's inspection of the hoist indicated the rope attachments at the drum are acceptable.

4. July 19, 2019, report from the manufacturer's inspection of the hoist indicated the rope attachments at the drum are acceptable.
Based on this site investigation and equipment manufacturer's hoist inspections, the drum end attachments are in compliance with the standard, and a modification of 30 C.F.R. § 57.19026 at the Climax Molybdenum Company's Henderson Mine is no longer warranted.

Therefore, 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. Section 811(c), the modification as applied to the referenced mine is hereby:

REVOKED

Pursuant to 30 C.F.R. § 44.52, revocation of the granted modification will become final 30 days after service of this Proposed Decision and Order to Revoke unless a hearing is requested on the Decision and Order. 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, Suite 401, 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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. 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 to revoke will become final.

/s/
Timothy R. Watkins
Administrator for
Mine Safety and Health
Enforcement

CERTIFICATE OF SERVICE
I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed, postage prepaid, this 15th day of January, 2020.

Dave Loring Mine Manager
Climax Molybdenum Company
Henderson Mine
P.O. Box 68
Empire, CO 80438

/s/
Donald Vickers
Mine Safety and Health Specialist