On July 31, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.1107-4(a)(1) to Petitioner's Conant Mine, located in Percy County, Illinois. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by 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 recommendations, this Proposed Decision and Order is issued.
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 75.1107-4(a)(1).
On the basis of the petition and the findings of MSHA's investigation, Apogee Coal Company (DBA Arch of Illinois), is granted a modification of the application of 30 CFR 75.1107-4(a)(1) to its Conant Mine.
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 Apogee Coal Company's (DBA Arch of Illinois) Petition for Modification of the application of 30 CFR 75.1107-4(a)(1) in the Conant Mine is hereby:
GRANTED, for the Archveyor Mining System at the Conant Mine, conditioned upon compliance with the following terms and conditions:
1. The Archveyor mining system shall have an operator/technician continuously stationed at the system’s control cab area while the system is energized or in operation, except when maintenance is being performed.
2. The Archveyor mining system power cables shall be deenergized at the power center when workmen leave the Archveyor section for more than 30 minutes.
3. The continuous miner and Archveyor system shall use fire-resistant hydraulic fluid that has been produced under an approval, or any modification issued in accordance with the requirements of 30 CFR Part 35.
4. The Archveyor system shall not be used to second mine (wing) when either the Program Logic Control (PLC) system or video system used to monitor the Archveyor system and fire suppression system are not operating properly or are inoperable.
5. The components of the fire suppression system, such as the thermal control valves and pressure switches used on the Archveyor system, shall be approved by the Secretary, or listed as approved by a nationally recognized agency approved by the Secretary.
6. The cover of hoses for fire suppression systems and devices shall meet the flame-resistant requirements of 30 CFR Part 18.
7. The thermal control valve actuating sensor unit opening temperature shall not exceed 212F/100C.
8. The electrical components of each fire suppression device used on permissible equipment inby the last open crosscut or on equipment in return airways shall be permissible or intrinsically safe and shall be maintained in permissible or intrinsically safe condition.
9. Sensor systems shall include a device or method of determining their operative condition.
10. The fire suppression equipment shall be designed to withstand the rigors of the mine environment.
11. The fire suppression agent shall be directed at locations where the greatest potential fire hazard exists. These locations would include but not be limited to the conveyor/tram motors, gear case boxes, gear box planetary drives, electric cables which are subject to external damage, and hydraulic components which are exposed to or located in the immediate vicinity of electrical cables which are subject to damage.
12. The Archveyor fire suppression system shall be maintained in a usable and operative condition.
13. The fire suppression system shall be visually inspected weekly by a person qualified to make such inspections and a functional test of the complete system shall be made at least once every 30 days. The functional test shall consist of opening the manual ball valve in each fire suppression zone and determining that the water sprays and the pressure switch are operating properly. A record of this examination shall be recorded as a part of the 30 CFR 75.512 record.
14. A separate manual actuator for each individual fire suppression system zone shall be installed which will allow the operator/technician to manually activate the fire suppression system in the identified zone in the event of an emergency. The manual actuator valves shall be identified by a distinct marking or coloring to prevent confusing them with other valves located in the same area.
15. The Archveyor PLC system shall be capable of identifying the exact zone where any fire occurs on the Archveyor mining system and automatically activate the fire suppression system for that zone. The PLC system shall inform the operator/technician of the activated fire suppression zone.
16. When the PLC detects an actuated fire suppression zone the operator/technician shall immediately implement the following:
(a) The operator/technician shall take immediate action to deenergize the drive motor in the actuated fire suppression zone;
(b) The operator/technician shall be provided with a mine page phone communication system which the operator/technician shall use to alert mine management and miners that a fire has occurred on the Archveyor mining system. Second mining shall not be performed when this communication system is not operating;
(c) The operator/technician shall immediately withdraw the Archveyor system from the wing cut;
(d) When the Archveyor system is withdrawn from the wing cut, with the exception of the PLC fire suppression system, all electrical components and circuits on the Archveyor system shall be de-energized;
(e) When conditions permit, mine management shall immediately cause additional fire fighting equipment, including the mine’s foam generator, to be transported to the Archveyor section for use once the affected section of the Archveyor system is withdrawn from the wing cut; and
(f) Once the fire is extinguished, the Archveyor and fire suppression system shall be repaired to its original condition prior to being placed back into operation.
17. In the event that the Archveyor mining method or operating procedures cause or contribute to the damage of the Archveyor system, the system shall be removed from service immediately, repaired and additional precautions shall be take to ensure that, in the future, the system is protected and maintained in safe operating condition.
18. A list of safety precautions that will be implemented shall be provided to MSHA for the removal or repair of the Archveyor system in the event that the Archveyor system becomes disabled or entrapped and cannot be withdrawn from the wing cut during second mining. MSHA shall be notified anytime the system is entrapped for 30 minutes or longer.
19. The Petitioner’s alternative method shall not be implemented until all qualified persons designated to work on the Archveyor system and all miners designated to work on the Archveyor section have received initial training on the Archveyor mining system, system examination requirements and the fire fighting and escape procedures in the event of a mine fire.
20. Within 60 days after this Proposed Decision and Order become 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 terms and conditions stated in the Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must fire in accordance with 30 CFR 44.14, as amended, (Federal Register 53430, December 28, 1990) 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.
_________________________________
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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