Petition for Modification
In the matter of
Island Creek Coal Company
VP-8 Mine
I.D. No. 44-03795
Docket No. M-2000-008-C
30 CFR 75.1100-2(b)
PROPOSED DECISION AND ORDER
On January 18, 2000, Petitioner, Island Creek Coal company, filed a petition seeking a modification of its November 21, 1994, Petition for Modification No. M-94-68-C. The November 21, 1994, petition modified the application of 30 CFR 75.1100-2(b) by permitting the mine to keep the waterline on retreating longwalls in an entry adjacent to the belt entry with fire hose outlets located at the crosscuts connecting the track entry and belt entry at a distance not to exceed 270 feet. Petitioner alleges that the alternative method outlined in the January 18, 2000, 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 recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
In outlining the quantity and location of firefighting equipment near belt conveyors, 30 CFR75.1100-2(b) requires the following:
In all coal mines, waterlines shall be installed parallel to the entire length of belt conveyors and shall be equipped with fire hose outlets with valves at 300-foot intervals along each belt conveyor and at tailpieces. At least 500 feet of fire hose with fittings suitable for connection with each belt conveyor waterline system shall be stored at strategic locations along the belt conveyor. Waterlines may be installed in entries adjacent to the conveyor entry belt as long as the outlets project into the belt conveyor entry.
As noted earlier, the November 1994, petition permits the mine to keep the waterline on retreating longwalls in an entry adjacent to the belt entry with fire hose outlets located at the crosscuts connecting the track and belt entry at a distance not to exceed 270 feet. Since this petition was granted, the District Manager has approved Petitioner's revised roof control plan which increases the center to center distance between crosscuts from 275 feet to 305 feet. As a result of this increased distance between crosscuts, Petitioner merely seeks to increase the distance between fire hose outlets located at the crosscuts to no more than 310 feet.
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 Island Creek Coal Company's Petition for Modification of the application of 30 CFR 75.1100-2(b) in the VP-8 Mine is hereby:
GRANTED for the retreating longwall sections, conditioned upon compliance with the following terms and conditions:
1. The waterline shall be installed in an entry adjacent to the conveyor belt entry with the fire hydrants (water outlets) located at the crosscuts connecting the track entry and the belt entry.
2. Fire hydrants shall not be spaced more than 310 feet apart.
3. The fire hydrants shall be operable, clearly identified, and positioned such that the hose can be quickly connected to the outlet in the event of an emergency.
4. Access to the fire hydrants shall be maintained clear of obstructions.
5. The location of each fire hydrant shall be clearly indicate by signs in the belt entry.
6. Where the stoppings between the track and belt entry remain intact, mandoors shall be located and maintained in operable condition in the stopping opposite each fire hydrant to allow easy access to the hydrant.
7. At least 200 extra feet of fire hose in excess of that required by 30 CFR 75.1100-2(b)(500 feet), shall be kept in the immediate area of the longwall belt drive, such that any affected area on the belt can be covered from the nearest fire hose outlet.
8. Prior to implementing this Petition for Modification, an inspection shall be conducted by MSHA to ensure that all the special terms and conditions of this Proposed Decision and Order have been instituted.
9. Prior to implementing the petition, all persons who inspect, install, and maintain the waterlines shall be instructed in the special terms and conditions of this alternative method and within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for their 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 alternative method outlined in the petition and the special terms and conditions stated in 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, a request 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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health