Petition for Modification
In the matter of
Perry County Coal Corporation
EAS #1 Mine
I.D. No. 15-02085
Docket No. M-2000-052-C
30 CFR 75.1911(d)
PROPOSED DECISION AND ORDER
On April 14, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1911(d) to Petitioner's EAS #1 Mine, located in Perry County, Kentucky. Petitioner alleged a diminution of safety and proposed an alternative method outlined in the petition that 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
Perry County Coal Corporation, petitioner, is requesting a petition for modification to 30 CFR 75.1911(d) which requires that the fire suppression system for diesel powered equipment and fuel transportation units provide for automatic engine shutdown when the system is activated. In promulgating this regulation, MSHA detailed the safety reasons for this requirement:
The engine shutdown requirement is intended to prevent an engine from continuing to run once the system has been actuated, either automatically or manually. This will prevent the engine from pumping diesel fuel or hydraulic fluid through a leaking fuel line or hydraulic hose, fueling the fire that the fire suppression system is attempting to extinguish. Since fire suppression systems are designed to suppress fires in their incipient stages, the contribution of additional fuel to the fire may render the system ineffective. The Ontario accident data included a number of machine fires where the engine continued to feed the fire with diesel fuel or hydraulic fluid, reducing the effectiveness of the system's ability to suppress the fire.
61 Fed. Reg. 55412, 55476 (1996).
Petitioner is requesting permission not to utilize the automatic engine shut-down portion of the fire suppression system on their 35 and 12 ton diesel locomotives used to haul coal and empty mine cars. Petitioner alleges that if the engines are automatically shut down there is a danger that the locomotive's brakes will lock up causing a derailment and injury to the locomotive's operator.
MSHA's investigation revealed that the operator's alternative method simply deletes the shutdown requirement and proposes no additional safety precautions other than the already required fire suppression system. Moreover, MSHA found that petitioner's allegations regarding the dangers of an automatic engine shut down were inflated.
The diesel locomotive engineers for Goodman Manufacturer, the makers of petitioner's locomotives, who were interviewed as part of MSHA's investigation for this petition stated that the locomotive's brakes eventually lock up when the engine is shut-down. However, the Goodman engineers believed that, in the event of an automatic shut-down of the engine, the reserve air would be capable of safely stopping the locomotive before the brakes suddenly lock-up. Based on this information, petitioner's concerns about a possible derailment are weak and such concerns could be resolved by limiting the locomotive's traveling speed to ensure a safe shut-down in the event of a fire and by providing condition awareness training for locomotive operating personnel.
MSHA believes that if there is no automatic shut-down of the engine when the fire suppression system is activated, there is a chance that the locomotive operator may jump from the locomotive, leaving the engine to run and possibly pump diesel fuel or hydraulic oil on the machine fire as described in the preamble to 30 CFR 75.1911(d). The locomotive would also continue to travel down the haulage way because the brakes would not automatically apply. Such a scenario is a much more dangerous one than the scenario suggested by the petitioner. Such a scenario could result in a catastrophic explosion and roof collapse.
On the basis of the petition and the findings of MSHA's investigation, Perry County Coal Corporation, is not granted a modification of the application of 30 CFR 75.1911(d) in the EAS #1 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 Perry County Coal Corporation's Petition for Modification of the application of 30 CFR 75.1911(d) in the EAS #1 Mine is hereby:
DENIED.
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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health