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Petition for Modification

 

In the matter of                                

Highland Mining Company

Highland No. 11 Mine

I.D. No. 15-18480                                    

Docket No. M-2002-107-C

30 CFR 75.1101-1(b)

 

 

PROPOSED DECISION AND ORDER 

 

On November 13, 2002, a petition was filed seeking a modifica­tion of the application of 30 CFR 75.1101-1(b) to Petitioner's Highland No. 11 Mine, located in Union County, Kentucky.  Petitioner proposes to conduct weekly examinations and functional testing of the deluge fire suppression systems as an alternative method of complying with the standard.  The Peti­tioner alleges that the alter­native method outlined 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, MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.

 

Finding of Fact and Conclusion of Law 

 

The proposed alternative method, as amended by MSHA, will at all times provide the same measure of protec­tion to the miners as afforded the miners under 30 CFR 75.1101-1(b).

 

On the basis of the petition and the findings of MSHA's investigation, Highland Mining Company is granted a modification of the application of 30 CFR 75.1101-1(b) to its Highland No. 11 Mine.

 

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 Highland MiningCompany's Petition for Modification of the applica­tion of 30 CFR 75.1101-1(b) to the Highland No. 11 Mine is hereby:    

 

GRANTED,   for the deluge-type water spray systems installed at belt-conveyor drives in lieu of

                      blow-off dust covers for nozzles, condi­tioned upon compliance with the fol­low­ing terms

                       and con­di­tions:

 

1.  A person trained in the testing procedures specific to the deluge-type water spray fire

     suppression systems utilized at each belt drive shall once every 7 days:

 

(a)   Conduct a visual examination of each of the deluge-type water spray fire suppression

        systems.

 

(b)   Conduct a functional test of the deluge-type water spray fire suppression systems by

        actuating the system and observing its performance.

 

(c)   Record the results of the examination and functional test in a book maintained on the

       surface for that purpose.  The record shall bemade available to the authorized

        representative of the Secretary and retained at the mine for one year.

 

2.  Any malfunction or clogged nozzle detected as a result of the weekly examination or functional

       test shall be corrected immediately.

 

3.  The procedure used to perform the functional test shall be posted at or near each belt drive which

       utilizes a deluge-type water spray fire suppression system.

 

4.  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 the procedure used to conduct

     the weekly functional test and 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, 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

                                                                                              Actng Deputy Administrator

                                                                                                or Coal Mine Safety and Health