Petition
for Modification
In the matter of
Mallie Coal Company
Mine
No. 6
I.D. No.
15-18440
Docket No. M-2002-102-C
30 CFR
75.380(f)(4)
PROPOSED
DECISION AND ORDER
On
November 6, 2002, a petition was filed seeking a modification of the
application of 30 CFR 75.380(f)(4) to Petitioner's Mine No. 6, located in Knox
County, Kentucky. The Petitioner
alleges that the proposed alternative method will at all times provide the same
measure of protection as the standard.
MSHA
personnel conducted an investigation of the petition and filed a report of
their findings and recommendations with the Administrator for Coal Mine Safety
and Health. After a careful review of
the entire record, including the petition and MSHA's investigative report and
recommendation, this Proposed Decision and Order is issued.
Finding
of Fact and Conclusion of Law
The
alternative method proposed by the Petitioner (as amended by the
recommendations of MSHA) will at all times guarantee no less than the same
measure of protection afforded the miners under 30 CFR Part 75.380(f)(4).
The
Petitioner claimed that fire suppression technology is not available to fit the
equipment being used in their mining height.
MSHA district personnel met with a supplier of fire suppression systems
on September 23, 1996. This meeting
verified that there currently are no fire suppression systems available for
equipment operated in coal seam heights averaging 24 inches or less from this
manufacturer or any other. The smallest
canister manufactured is 18 inches.
Therefore, mounting this canister on this small frame height equipment
would not be practical.
The
Mescher tractors are driven out of the mine in the primary intake escapeway
usually twice per shift (midpoint and end) to have their batteries
exchanged. The Mescher tractors are
used in the outby areas of the mine to transport personnel and supplies. On the working section, the tractors are
also used to transport coal from the working face to the conveyor belt
feeder. Title 30 CFR Part
75.380(f)(5)(ii) permits battery powered personnel carriers and small mobile
equipment designed and used only for carrying people and small hand tools to
operate in the intake escapeway with 2-10 lb fire extinguishers and not a fire
suppression system. These tractors do
not meet 75.380 (f)(5)(ii) definition of "small mobile equipment", but are
battery powered and have no hydraulics.
Therefore, the tractors would have the same type of fire source
(batteries) as the Asmall mobile equipment@.
The investigation report revealed that the tractors do not have a fire
history.
On
the basis of the petition and the findings of MSHA's investigation, Mallie Coal
Company is granted a modification of the application of 30 CFR 75.380(f)(4) to
its Mine No. 6.
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., sec. 811(c), it
is ordered that Mallie Coal Company's Petition for Modification of the application
of 30 CFR 75.380(f)(4) in the Mine No. 6 is hereby:
GRANTED, for Mescher three wheel tractors to be operated in the primary intake escapeway conditioned upon compliance with the following terms and conditions:
1. Each tractor shall be provided with a
total of 20 pounds of multipurpose dry chemical, in any combination of 5 pound
or 10 pound portable fire extinguishers;
2. Ten pounds, either two 5 pounds or one 10
pound, of the total 20 pounds multipurpose dry chemical extinguishment shall be
mounted in the deck of the Mescher tractor and be readily accessible by the
operator;
3. Fire extinguishers required in paragraph
#1 shall be inspected daily by the equipment operator prior to the tractor
entering the primary intake escapeway;
4. The tractors shall be battery powered with
no hydraulics;
5. All tractors
shall be maintained in a permissible condition; and
6. Within 60 days of the PDO being granted,
the Petitioner shall submit proposed revisions for its approved 30 CFR 48
training plan to the MSHA's District Manager.
These proposed revisions shall include initial and refresher training
regarding compliance with the PDO.
Any party to this action desiring
a hearing on this matter must file in accordance with 30 CFR 44.14, within 30
days. The request
for hearing must be filed with the Administrator for Coal Mine Safety and
Health, 1100 Wilson Boulevard, Arlington,Virginia 22209-3939.
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 Petitioner who has requested a hearing shall 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.
_________________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and
Health
