In the matter of Petition for Modification
Warrior Coal, LLC
Cardinal Mine
I.D. No. 15-17216 Docket No. M-2004-036-C
PROPOSED DECISIONAND ORDER
On August4, 2004, a petition was filed seekinga modification of theapplication of 30 CFR 75.1101-1(b) to Petitioner's Cardinal Mine, locatedin Hopkins County, Kentucky. Petitioner proposes to conduct weekly examinations and functional testingof the deluge fire suppression systemsas an alternative method of complying with the standard. The Petitioner alleges that the alternative method outlinedin the petition will at all times guarantee no less than the same measure of protection affordedby 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 recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The proposedalternative method, as amended by MSHA, will at all timesprovide the same measure of protection to the minersas afforded the minersunder 30 CFR 75.1101-1(b).
On the basis of the petitionand the findingsof MSHA's investigation, WarriorCoal, LLC isgranted a modification of the application of 30 CFR 75.1101-1(b) to its Cardinal 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 Warrior Coal, LLC’sPetition for Modification of the application of 30 CFR 75.1101-1(b) to the Cardinal Mine is hereby:
GRANTED, for the deluge-type water spray systemsinstalled at belt-conveyor drivesin lieu of blow-off dust covers for nozzles, conditioned upon compliance with the following terms and conditions:
1. Once every7 days, a person trainedin the testing procedures specific to the deluge-type water spray fire suppression systems utilized at each belt drive shall:
(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 systemsby actuating the system and observing its performance.
(c) Record the resultsof the examination and functional test in a book maintained on the surface for that purpose. The recordshall be made available to the authorized representative of the Secretary and retained at the mine for one year.
2. A cloggednozzle or any other malfunction detected as a resultof the weekly examination and functional test shall be corrected immediately.
3. The procedure used to performthe functional test shall be posted at or near each belt drive that utilizes a deluge-type water spray fire suppression system.
4. Within 60 days after this ProposedDecision and Order becomes final, the Petitioner shall submit proposed revisions for its approved30 CFR Part 48 trainingplan to the Coal Mine Safety and Health District Manager. These proposed revisions shallspecify the procedure used to conduct the weekly functional test and initial and refresher training regardingthe conditions specified by the ProposedDecision 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 shallcontain a concise summary of position on the issuesof fact or law desiredto be raised by the partyrequesting the hearing,including specific objections to the proposeddecision.
A party other than Petitioner who has requesteda hearing shall also comment upon all issues of fact or law presentedin the petition and any party to this action requesting a hearing may indicate a desired hearingsite. If no requestfor a hearing is filed within30 days after service thereof,the Decision and Orderwill become final and must be posted by the operator on the mine bulletin board at the mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health