| In the matter of Philippi Development, Inc. Sentinel Mine I.D. No. 46-04168 | Petition for Modification Docket No. M-95-175-C |
Date Issued: 12/13/1996
On November 9, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.503 to Petitioner's Sentinel Mine located in Barbour County, West Virginia. The Petitioner alleges that the alternative method outlined in the 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 was issued.
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.503.
On the basis of the petition and the findings of MSHA's investigation, Philippi Development, Incorporated is granted a modification of the application of 30 CFR 75.503 to its Sentinel Mine.
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 Philippi Development, Incorporated's Petition for Modification of the application of 30 CFR 75.503 in the Sentinel Mine is hereby:
GRANTED, for shuttle cars, roof bolters and mobile roof supports used in the Sentinel Mine, conditioned upon compliance with the following terms and conditions:
- The maximum length of the trailing cables
supplying the shuttle cars, roof bolters, and
mobile roof supports shall not exceed 900 feet.
- The trailing cable(s) for the shuttle car(s) shall
not be smaller than No. 6 AWG; the trailing
cable(s) for mobile roof support(s) shall not be
smaller than No. 4 AWG; and the trailing cable(s)
for roof bolter(s) shall not be smaller than No. 2
AWG.
- All circuit breakers used to protect the
No. 6 AWG trailing cables that exceed 550 feet in
length shall have instantaneous trip units
calibrated to trip at 300 amperes. The trip
setting of these circuit breakers shall be sealed,
and these circuit breakers shall have permanent,
legible labels. The label shall identify the
circuit breaker as being a specially calibrated
circuit breaker and as being suitable for
protecting No. 6 AWG cables. This label shall be
maintained legible.
- All components that provide shortcircuit protection
for the No. 6 AWG, No. 4 AWG and No. 2 AWG cables shall
have an interruption rating in accordance with the
maximum available fault current.
- Replacement circuit breakers and/or instantaneous
trip units, used to protect No. 6 AWG cables,
shall be calibrated to trip at 300 amperes and
this setting shall be sealed.
- All circuit breakers used to protect the
No. 4 AWG trailing cables that exceed 600 feet in
length shall have instantaneous trip units
calibrated to trip at 500 amperes. The trip
setting of these circuit breakers shall be sealed,
and these circuit breakers shall have permanent,
legible labels. The label shall identify the
circuit breaker as being a specially calibrated
circuit breaker and as being suitable for
protecting No. 4 AWG cables. This label shall be
maintained legible.
- Replacement circuit breakers and/or instantaneous
trip units, used to protect No. 4 AWG cables,
shall be calibrated to trip at 500 amperes and
this setting shall be sealed.
- All circuit breakers used to protect the
No. 2 AWG trailing cables that exceed 700 feet in
length shall have the instantaneous trip units
calibrated to trip at 800 amperes. The trip
setting of these circuit breakers shall be sealed
and shall have permanent, legible labels. The
label shall identify the circuit breaker as being
a specially calibrated circuit breaker and as
being suitable for protecting No. 2 AWG cables.
This label shall be maintained legible.
- Replacement circuit breakers and/or instantaneous
trip units, used to protect No. 2 AWG cables,
shall be calibrated to trip at 800 amperes and
this setting shall be sealed.
- During each production shift, persons designated
by the operator shall visually examine the
trailing cables to ensure that the cables are in
safe operating condition and that the
instantaneous settings of the specially calibrated breakers do not have seals removed and that
they do not exceed the setting stipulated in
Items No. 3, 6, and 8.
- Any trailing cable that is not in safe operating
condition shall be removed from service
immediately and repaired or replaced.
- Each splice or repair in the trailing cables to
the shuttle cars, roof bolters, and mobile roof
supports shall be made in a workmanlike manner and
in accordance with the instructions of the
manufacturer of the splice or repair materials.
The outer jacket of each splice or repair shall be
vulcanized with flameresistant material or made
with material that has been accepted by MSHA as
flame-resistant.
- In the event that the mining methods or operating
procedures cause or contribute to the damage of
any trailing cable, the cable shall be removed
from service immediately, repaired or replaced and
additional precautions shall be taken to ensure
that, in the future, the cable is protected and
maintained in safe operating condition.
- Permanent warning labels shall be installed and
maintained on the cover(s) of the power center
identifying the location of each sealed shortcircuit protection device. These labels shall
warn miners not to change or alter these sealed
shortcircuit settings.
- The haulage roads, locations of trailing cable
anchoring points, and locations of the belt tailpiece
or feeder shall be arranged as follows:
- To prevent the shuttle cars from running over
their trailing cables;
- Minimize the need for secondary (temporary)
trailing cable anchoring points; and
- Minimize backspooling.
- To prevent the shuttle cars from running over
their trailing cables;
- The Petitioner's alternative method shall not be
implemented until all miners who have been designated
to examine the integrity of seals, verify the shortcircuit settings,
and proper procedures for examining
trailing cables for defects and damage, have received
the elements of training specified in Item No. 17.
- Within 60 days after this Proposed Decision and
Order becomes final, the Petitioner shall submit
proposed revisions for its approved 30 CFR Part 48
training plan to the Coal Mine Safety and Health
District Manager for the area in which the mine is
located. These proposed revisions shall specify
task training for miners designated to verify
that the shortcircuit settings of the circuit
interrupting device(s) that protect the affected
trailing cables do not exceed the specified
setting(s) in Items No. 3, 6 and 8. The training
shall include the following elements:
- The hazards of setting the shortcircuit
interrupting device(s) too high to
adequately protect the trailing cables;
- How to verify that the circuit interrupting
device(s) protecting the trailing cable(s)
are properly set and maintained;
- Mining methods and operating procedures
that will protect the trailing cable(s)
against mechanical damage; and
- Proper procedures for examining the
affected trailing cable(s) to ensure that
the cables are in safe operating condition.
The approval procedures as specified in 30 CFR 48.3 for proposed revisions to already approved training plans shall apply.
- The hazards of setting the shortcircuit
interrupting device(s) too high to
adequately protect the trailing cables;
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.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
