9/18/26
In the matter of PETITION FOR MODIFICATION
Sally Ann Coal Company, LLC
No. 1
Mine I.D. No. 46-07366 Docket No. M-2026-007-C
PROPOSED DECISION AND ORDER
On September 8, 2025, Sally Ann Coal Company, LLC, filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) 30 CFR § 75.1101-1(b) at its No. 1 mine located in McDowell County, WV. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard
The petitioned standard, 30 C.F.R. § 75.1101-1(b), Deluge Type Water Spray Systems, states in relevant part,
Nozzles attached to the branch lines shall be full cone, corrosion resistant, and provided with blow-off dust covers.
The petitioner is requesting a modification of the standard to allow weekly functional flow tests of all nozzles in each Deluge Water Spray System in lieu of the weekly practice of removing the dust covers and visually inspecting the nozzles for obstruction by foreign matter. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.
MSHA personnel investigated the merits of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
Findings of Fact and Conclusions of Law
MSHA investigated pertinent details of the Sally Ann Coal Company, LLC, No. 1 Mine on July 13, 2026. The investigation included an item-by-item review of the proposed petition, equipment manufacturer’s user instructions, Pyott Boone Model 235 deluge type fire suppression system, and an onsite mine visit. During the onsite visit, the MSHA investigator verified that the proposed Petition for Modification (PFM) was posted on the mine bulletin board and explained the PFM process and all stipulations to the miners and supervisors.
The following individuals participated in the investigation at the Sally Ann Coal Company, LLC, as representatives of Sally Ann Coal Company:
Miles Blankenship, Electrician/Dispatcher
Phillip Blankenship, Mine Foreman,
There was no Representative of Miners at the mine; however, MSHA interviewed the miners listed above regarding the PFM. They are the only two miners currently working at this mine due to it being in temporary idle status. They expressed belief that the PFM will improve safety by eliminating the need to have miners remove belt guarding and crawl onto the belt to examine the nozzles.
The No. 1 mine is a drift mine, which opened on January 25, 2010. The mine has four drift openings into the Firecreek Seam. There are two continuous miner sections. However, both are temporary idle. The last methane liberation for the second quarter of 2026, was zero cubic feet of methane per 24 hours, and the mine is not on a methane spot inspection.
Sally Ann Coal, LLC, No. 1 mine currently has five belt drives that use deluge
water spray systems. They are all 48 inch single motor drives with 42 inch belt, 100 horsepower, 480 volts alternating current, and 1760 revolutions per minute motors.
For belt drives that use deluge type water spray fire suppression systems, the blow-off dust covers supplied for the water sprays cannot be removed/replaced without removing the belt drive guarding and leaning over the belt to reach the dust covers. In addition, the guarding cannot be removed without first deenergizing and following lock and tag out procedures.
Based on MSHA’s experience with Petitions for Modification for 30 C.F.R. § 75.1101-1(b), in addition to the stipulations submitted by the Petitioner, MSHA requires residual water pressure measurements be taken at the most hydraulically demanding nozzle when the system is operating to determine whether the system meets the manufacturer's specifications, with the results of the pressure measurements to be recorded. The word “weekly,” in terms of the examination and function test of these deluge systems, will be defined as every 7 days.
The granting of this petition would affect all miners at the mine.
Conclusion
Based on the investigation discussed above, MSHA determined that the petitioner is requesting a modification of the standard to allow weekly functional flow tests of all nozzles in each Deluge Water Spray System in lieu of the weekly practice of removing the dust covers and visually inspecting the nozzles for obstruction by foreign matter. This will at all times provide the same measure of protection to the miners as afforded by the Standard.
On the basis of the petition and MSHA’s investigation findings, and the foregoing reasons, Sally Ann Coal Company, LLC, is granted a modification of the application of 30 C.F.R. § 7501101-1(b) at its No. 1 Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Sally Ann Coal Company’s Petition for Modification of the application of 30 C.F.R. § 75.1101-1(b) in the Mine No. 1 is hereby:
GRANTED, conditioned upon compliance with the following requirements.
Terms and Conditions
- Once every 7 days, including periods when the mine is idle, a person trained in the testing procedures specific to the water deluge type fire suppression systems utilized at each belt drive shall:
- Conduct a visual examination of each of the water deluge type fire suppression systems.
- Conduct a functional test of the water deluge type fire suppression systems by actuating the system and observing its performance.
- Take residual water pressure measurements at the most hydraulic demanding nozzle to determine whether the system meets the manufacturer's specifications, and that the spray application rate is not less than 0.25 gallon per minute per square foot of the top surface of the top belt, and that the discharge is directed at both the upper and bottom surfaces of the top belt and to the upper surface of the bottom belt.
- Record the results of the examination, functional test, and residual-water pressure measurements in a book maintained on the surface for that purpose. The record shall be made available to the authorized representative of the Secretary and retained at the mine for one year.
- Any malfunction or clogging of nozzles detected as a result of the weekly examination or functional test shall be corrected immediately.
- The procedure used to perform the functional tests shall be posted at or near each belt drive that utilizes a water deluge fire suppression system.
- Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify the procedures used to conduct the weekly functional test during initial and refresher training.
Unless specifically mentioned herein, nothing in this Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved plans.
The petitioner shall include the above terms and conditions in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that miners are aware of the stipulations contained in this petition.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14 within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
Any hearing request must contain a concise summary of position on the issues of fact or law to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than the Petitioner who has requested a hearing may also comment on 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 of this Proposed Decision and Order, the Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or
mailed, postage paid, or provided by other electronic means this 18th day of
September, 2026, to:
Donnie Coleman
Safety Consultant
Sally Ann Coal Company, LLC
356 South College Drive
Bluefield, VA 24605
Donnie.Coleman@frontier.com
Alexander Bullinger
General Engineer
cc: Frank Foster, Director
Office of Miners' Health Safety & Training
#7 Players Club Dr. Suite 2, Charleston WV 25311
Frank.G.Foster@wv.gov