| U.S. Department of
Labor |
Mine Safety and Health Administration 201 12th Street South, Suite 401 Arlington, VA 22202-5450 |  |
| EFFECTIVE DATE: April 16, 2015 |
PROGRAM POLICY LETTER NO. P15-V-01
FROM: KEVIN G. STRICKLIN
Administrator for
Coal Mine Safety and Health
SUBJECT: Proximity Detection System Compliance Dates
Scope
This Program Policy Letter (PPL) is intended for underground coal mine operators, independent contractors, miners’ representatives, Mine Safety and Health Administration (MSHA) personnel, and other interested parties.
Purpose
This policy letter sets forth MSHA’s interpretation of the classification of machines with respect to compliance dates in its final rule on Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines.
Policy
Under MSHA’s final rule titled Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines, continuous mining machines manufactured and equipped with a Proximity Detection System (PDS) on or before March 16, 2015, must meet the requirements of the rule no later than September 16, 2016. Continuous mining machines manufactured and not equipped with a PDS on or before March 16, 2015 must meet the requirements of the rule no later than March 16, 2018. The rule’s preamble explained that machines that needed to be equipped with a PDS would require more time to bring them into compliance because of the need to obtain approvals and because the machines would need to be taken out of use for a period of time. MSHA anticipated that operators would equip these machines with PDS during the first planned rebuild that occurs prior to March 16, 2018. The preamble explained that continuous mining machines that already have a PDS would require only minor modifications that could be done underground during a maintenance shift. The preamble explained that, because these machines would not need complete installation of a PDS but would require only minor modifications to their existing PDS, a shorter time period for compliance would be appropriate.
MSHA interprets the March 16, 2018 date to apply to continuous mining machines with an existing PDS that requires the installation of a new PDS to meet the requirements of the rule. For these machines, MSHA anticipates that the new PDS will be installed during the first planned rebuild.
Background
Operators have asked MSHA to clarify the applicability of the rule’s compliance dates and have stated that some existing installed PDS cannot be modified and will require the installation of a new PDS.
Authority
The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq.; 30 C.F.R. § 75.1732. This guidance represents MSHA’s current interpretation of 30 C.F.R. § 75.1732. It does not create or confer any rights for or on any person or operate to bind the public.
Filing Instructions
This program policy letter should be filed behind the tab marked "Program Policy Letters" at the back of Volume V of the Program Policy Manual.
Internet Availability
This program policy letter may be viewed by accessing MSHA’s home page (http://www.msha.gov) and selecting “Program Policy Letters” under “Compliance Information.”
Issuing Offices and Contact Persons
Coal Mine Safety and Health
Rodney L. Adamson, Coal Mine Safety and Health Specialist
E-mail: adamson.rodney@dol.gov
(202) 693-9549
Distribution
MSHA Program Policy Manual Holders
Miners’ Representatives
Underground Mine Operators
Underground Independent Contractors
Special Interest Groups