In the matter of Petition for Modification
CONSOL of Kentucky, Inc.
Raccoon E-1 Mine
I.D. No. 15-18709 Docket No. M-2004-013-C
PROPOSED DECISIONAND ORDER
On March 21, 2004,a petition was filed seekinga modification of theapplication of 30 CFR 75.1101-8 to Petitioner's RaccoonE-1 Mine, located in Floyd County,Kentucky. The Petitioner alleges that the alternative method outlined in the petitionwill at all timesguarantee no less than the same measureof protection afforded by the standard.
MSHA personnelconducted an investigation of the petitionand filed a report of their findings and recommendations with the Administrator for Coal Mine Safetyand Health. After a careful review of the entire record,including the petitionand 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 guaranteeno less than the same measureof protection affordedthe miners under30 CFR 75.1101-8.
The investigation by MSHA noted that the water sprinklers are currently installed 9 feet apartand the maximumdistance between sprinklers shallnot be more than 8 feet to achieve a reasonable spray pattern. The functional test administered duringthe investigation demonstrated that the 9 feet spacingof sprinklers is adequateprotection for this standard.
On the basis of the petitionand the findingsof MSHA's investigation, CONSOLof Kentucky Inc. is granteda modification of the application of 30 CFR 75.1101-8 to its RaccoonE-1 Mine.
ORDER
Wherefore, pursuantto 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 Safetyand Health Act of 1977, 30 U.S.C., sec. 811(c), it is orderedthat CONSOL of KentuckyInc.’s Petition for Modification of the application of 30 CFR 75.1101-8 in the RaccoonE-1 Mine is hereby:
GRANTED, for a singleoverhead pipe sprinkler system conditioned upon compliance with the following terms and conditions:
1. Each water sprinklersystem shall consistof a single overhead pipe systemwith automatic sprinklers located not more than 9 feet apart so that the water dischargefrom the sprinklers will cover 50 feet of flame-resistant belt,or 150 feet of non flame-resistant belt, adjacent to the belt drive. In addition, automatic sprinklers shall be located not more than 9 feet apart so that the water discharged from thesprinkler(s) will coverthe drive motor(s),entire belt take-up, electrical controls, and gear reducing unit for each belt drive.
2. Where the clearance between the centerof the top belt and theroof does not permit the installation of the single overhead pipe system directlyover the belt, the sprinklers shall be installed above the maximumelevation of the top belt and shall be orientedso that water discharged from the sprinklers will be applied directlyto the top and bottom surface of the top belt and the top surface of the bottom belt.
3. The residual pressurein each sprinkler system shall not be lessthan 10 psi with any three sprinklers open. The supply of watershall be adequateto provide a constant flow of water for at least 10 minutes with all sprinklers functioning.
4. Each water sprinklersystem shall have a strainerwith flush-out connection and a manualshut-off valve.
5. Each automatic sprinklershall be designedto de-energize the electrical power source to all the equipment protected by the system, when the water sprinkler systemis activated. Each automaticsprinkler shall be a standard, ½-inch orifice, pendant-type sprinkler with fusible link actuation. Actuation temperature for each automaticsprinkler shall be between 200 degrees Fahrenheit and 230 degreesFahrenheit.
6. A functional test to ensure proper operationshall be conducted duringthe installation of each new system and during the subsequent repairor replacement of any critical part thereof. The functional test shall be conducted in accordance with the following:
(a) Close the manual shut-offvalve.
(b) Open the flushout valve.
(c) Connect a suitablewater pressure gauge to the openside of the flushout valve.
(d) Replace the three automatic sprinklers nearest the flushout valve with sprinklers that have been fused (open).
(e) Open the manualshut-off valve and read the pressure indicated on the gauge. The water sprinkler systempressure is adequateif the gauge indicates 10 psi or more.
(f) Verify proper sprinkler orientation.
(g) Verify properoperation of the water flow switch.
(h) Restore the system to its operational condition.
7. This Petition for Modification shallnot affect the application of 30 CFR 75.1101-7, 75.1101-9, 75.1101-10, 75.1101-11, and 75.1101-12.
8. The initial water sprinkler systeminstalled at the mine shall not be put into operation untilafter MSHA has inspected the equipment and determines that it is in compliance with all the aboveterms and condition.
9. Within 60 days after this Proposed Decisionand Order becomes final,the Petitioner shall submit proposed revisions for its approved30 CFR Part 48 trainingplan to the Coal Mine Safetyand Health DistrictManager. These proposed revisionsshall specify initialand refresher training regarding compliance with this Proposed Decision and Order.
Any partyto this actiondesiring a hearingon this mattermust file in accordance with 30 CFR 44.14, within30 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 desiredto be raised by the party requesting the hearing, includingspecific objections to the proposed decision.A party other than Petitioner who has requested a hearing shall also commentupon all issues of fact or law presentedin the petition, and any partyto this action requesting a hearing may indicate a desired hearing site. If no request for a hearingis filed within 30 days after service thereof, the Decision and Order will become final and must be postedby the operator on the mine bulletin board at the mine.
John Langton
Deputy Administrator
for Coal Mine Safety and Health