On February 26, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.1103-4 to Petitioner's Cardinal No. 2 Mine, located in Hopkins County, Kentucky. The Petitioner proposed an alternative method to having a point type heat sensor fire detection system capable of differentiating the belt flight on a secondary in-panel belt conveyor extending from the section/panel belt conveyor. Specifically, the Petitioner proposed to monitor and identify both the secondary belt and panel belt as one flight. The Petitioner alleged that transparent ventilation controls across the belt entry will enable miners to visually examine the entire length of the secondary belt which will not exceed 450 feet in length. The Petitioner further alleged that more fire protection will be provided to the belts because an additional fire suppression system will be installed to comply with 30 CFR 75.1101.
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. MSHA's investigation revealed that if transparent ventilation control devices, meeting MSHA approval requirements, were installed just outby the section tailpiece, miners would be able to visually examine the secondary belt (for fire or smoke) along its entire length since the belt would be limited to a maximum length of 450 feet. Further, MSHA noted that the alarm indicator light for the section could be labeled to indicate that it represents a signal from either of both the section belt and the secondary belt flight. MSHA also noted that the secondary belt was clearly a coal carrying conveyor belt already subject to the fire protection requirements of 75.1101, and the separation requirements of 75.333. 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.
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 Roberts Brothers Coal Company's Petition for Modification of the application of 30 CFR 75.1103-4 in the Cardinal No. 2 Mine is hereby:
GRANTED, to allow the extension of the Pyott - Boone Electronics Inc. point type heat sensor fire detection system installed in panels from which rooms are driven, to be extended to provide fire detection for a secondary in-panel belt conveyor without identifying such as separate belt flight during retreat of the panel by room development, conditioned upon compliance with the following terms and conditions:
1. Mining panels shall not exceed 3500 feet in length and shall not have more than one belt flight in the panel belt.
2. Where an in-panel conveyor belt extension is installed to develop rooms off the panel, the belt extension shall not exceed 500 feet in length measured from the head roller center line to the most inby point of the tailpiece.
3. Mining panels utilizing conveyor belt extensions shall develop rooms only on the intake side and those rooms will be developed in a sequence during retreat mining. No secondary mining of room pillars or panel pillars shall be conducted. Such panels shall be individually ventilated or sealed upon completion of mining and equipment removal.
4. The in-panel conveyor belt extension belt drive shall have appropriate fire suppression and comply with all of the appropriate provisions 30 CFR 75.1101-(1 through 23) except:
a. where a water sprinkler system is installed, the device used to stop the belt drive in the event of a rise in temperature required by 30 CFR 75.1101-10 shall provide a visual and audible warning at the drive and on the working section either at the section telephone or tailpiece location.
b. The fire fighting and evacuation plan required by 30 CFR 75.1101-23 shall be revised such that all persons not required to examine the belt to locate the source of a fire alarm signal (or any other indication of fire in the common belt entries such as odors or visible smoke) shall be immediately withdrawn from any panel subject to this Proposed Decision when the fire detection system alarms. Those persons withdrawing from the panel shall deenergzie all electrical power from equipment as they leave and those persons examining the belt and belt extension shall do so starting from the panel mouth toward the face areas of the advancing rooms. The entire length of the panel belt and in-panel belt extension shall be examined before persons other than the belt examiners return to the working section. The revised fire fighting and evacuation plan shall be submitted and approved by the District Manager prior to implementation of this Proposed Decision and Order.
5. The panel belt and in-panel conveyor belt extension shall be isolated by permanent ventilation controls as required by 30 CFR 75.333 but without regard to the depth to which rooms are driven.
6. The temporary ventilation controls installed across the entries common with the belt conveyor and immediately outby the tailpiece to direct belt air to the return aircourse shall be of a transparent flame resistant material approved by MSHA.
7. The locations of all permanent and temporary ventilation controls as described in paragraph 5 and 6 shall be shown on appropriate drawings and submitted for approval in the mine ventilation plan required by 30 CFR 75.370 and 75.372(f).
8. Each fire detection alarm signal light(s) at the surface location which corresponds to a panel on which an in-panel belt extension is being utilized shall be clearly labeled to indicate that the alarm identifies two belt flights.
9. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the conditions specified by the Proposed Decision and Order.
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, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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.
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Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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