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In the matter of                                                                
Headache Coal Company, Inc.
Mine No. 7
I.D. No. 15-17708 		Petition for Modification


Docket No. M-97-057-C


Date Issued: 01/09/1998

PROPOSED DECISION AND ORDER

On April 17, 1997, a petition was filed seeking a modification of the application of 30 CFR 75.380(f)(4) to Petitioner's Mine No. 7, 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 26 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 “small 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, Headache Coal Company, Inc. is granted a modification of the application of 30 CFR 75.380(f)(4) to its Mine No. 7.

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 Headache Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 75.380(f)(4) in the Mine No. 7 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, 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