On August 9, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.503 (18.35(a)(5)(I)of Part 18) to Petitioner's West Elk Mine, located in Gunnison County, Colorado. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners. On October 17, 1996 Petitioner amended their petition to delete the allegation that the application of this standard will result in a diminution of safety to the miners. In addition, they requested the petition be amended to reflect that the alternative method proposed 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, the petition, amended petition, and MSHA's investigative report and recommendation, this Proposed Decision and Order (PDO) is issued.
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 Mountain Coal Company's Petition for Modification of the application of 30 CFR 75.503 (18.35(a)(5)(I)of Part 18) in the West Elk Mine is hereby:
GRANTED, for the three-phase, 995-volt continuous mining machine, 995-volt roof bolting machine, 995-volt auxiliary fan, 575-volt roof bolting machine, and 575-volt auxiliary fan used at petitioner's West Elk Mine, conditioned upon compliance with the following terms and conditions:
1. The maximum length of the trailing cable supplying three-phase, 995-volt, power to the continuous miner shall not exceed 1,100 feet of No. 2/0 AWG, SHD-GC cable.
2. All circuit breakers used to protect the No. 2/0 AWG, SHD-GC trailing cables that exceed 850 feet in length and supply 995-volt, three-phase power to the continuous miner shall have instantaneous trip unit(s) calibrated to trip at 1,500 amperes. The trip setting of these circuit breaker(s) shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker(s) as being specially calibrated circuit breaker(s) and as being suitable for protection No. 2/0 AWG, SHD-GC cables. This label shall be maintained legible.
3. Replacement circuit breakers and/or instantaneous trip units, used to protect No. 2/0 AWG, SHD-GC cables, shall be calibrated to trip at 1500 amperes and this setting shall be sealed.
4. The maximum length of the trailing cable supplying three-phase, 995-volt, power to the mobile roof bolter shall not exceed 1,000 feet of No. 2 AWG, SHD-GC cable.
5. All circuit breakers used to protect the No. 2 AWG, SHD-GC, trailing cables that exceed 700 feet in length and supply 995-volt, three-phase power to the mobile roof drill shall have instantaneous trip unit(s) calibrated to trip at 800 amperes. The trip setting of these circuit breaker(s) shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker(s) as being specially calibrated circuit breaker(s) and as being suitable for protection No. 2 AWG, SHD-GC cables. This label shall be maintained legible.
6. Replacement circuit breakers and/or instantaneous trip units, used to protect the 995-volt, No. 2 AWG, SHD-GC cables, shall be calibrated to trip at 800 amperes and this setting shall be sealed.
7. The maximum length of the trailing cable supplying three-phase, 995-volt, power to the auxiliary fan shall not exceed 1,000 feet of No. 2 AWG, SHD-GC cable.
8. All circuit breakers used to protect the No. 2 AWG, SHD-GC, trailing cables that exceed 700 feet in length and supply 995-volt, three-phase power to the auxiliary fan shall have instantaneous trip unit(s) calibrated to trip at 800 amperes. The trip setting of these circuit breaker(s) shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker(s) as being specially calibrated circuit breaker(s) and as being suitable for protection No. 2 AWG, SHD-GC cables. This label shall be maintained legible.
9. Replacement circuit breakers and/or instantaneous trip units, used to protect the 995-volt, No. 2 AWG, SHD-GC cables, shall be calibrated to trip at 800 amperes and this setting shall be sealed.
10. The maximum length of the trailing cables supplying three-phase, 575-volt, power to the auxiliary fan shall not exceed 1,000 feet of No. 2 AWG, GC cable.
11. All circuit breakers used to protect the No. 2 AWG, GC, trailing cables that exceed 700 feet in length and supply 575-volt, three-phase power to the auxiliary fan shall have instantaneous trip unit(s) calibrated to trip at 750 amperes. The trip setting of these circuit breaker(s) shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker(s) as being specially calibrated circuit breaker(s) and as being suitable for protection No. 2 AWG, GC cables. This label shall be maintained legible.
12. Replacement circuit breakers and/or instantaneous trip units, used to protect the 575-volt, No. 2 AWG, GC cables, shall be calibrated to trip at 750 amperes and this setting shall be sealed.
13. The maximum length of the trailing cables supplying three-phase, 575-volt, power to the mobile roof drill shall not exceed 1,000 feet of No. 2 AWG, GC cable.
14. All circuit breakers used to protect the No. 2 AWG, GC, trailing cables that exceed 700 feet in length and supply 575-volt, three-phase power to the mobile roof drill shall have instantaneous trip unit(s) calibrated to trip at 750 amperes. The trip setting of these circuit breaker(s) shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker(s) as being specially calibrated circuit breaker(s) and as being suitable for protection No. 2 AWG, GC cables. This label shall be maintained legible.
15. Replacement circuit breakers and/or instantaneous trip units, used to protect the 575-volt, No. 2 AWG, GC cables, shall be calibrated to trip at 750 amperes and this setting shall be sealed.
16. The trailing cables for the continuous mining machine(s), roof bolting machine(s), and auxiliary face fan(s) shall be protected by being hung on well-installed insulated hangers from the section transformer to the slack pile of the trailing cable for each machine or to the last open crosscut, whichever is further outbye. Distribution boxes shall not be used to supply power to these machines.
17. 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 circuit breaker settings stipulated in Item Nos. 2, 5, 8, 11 and 14, do not have seals broken or removed. A record of this examination is to be kept by the operator and made available to an authorized representative of the Secretary and to miners in this mine.
18. Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.
19. Each splice or repair in the trailing cables to the mobile roof supports shall be made in a workmanlike manner and in accordance with the instructions of the manufacturer of the splice or repair kit. The outer jacket of each splice or repair shall be vulcanized with flame-resistant material or made with material that has been accepted by MSHA as flame-resistant.
20. 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.
21. Permanent warning labels shall be installed and maintained on the cover(s) of each circuit breaker and the trailing cable disconnecting device(s) indicating that the cable can only be connected to a circuit breaker that is set to trip at its pre-determined instantaneous value. These labels shall warn miners not to change or alter the sealed short-circuit settings, and warn them not to connect the trailing cable to an improperly adjusted circuit breaker.
22. The Petitioner’s alternative method shall not be implemented until all miners who have been designated to examine the integrity of seals, verify the short-circuit settings, and examine trailing cables for defects and damage, have received the elements of training specified in Item No. 23.
23. 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 short-circuit settings of the circuit interrupting device(s) that protect the affected trailing cables do not exceed the specified setting(s) in Item Nos. 2, 5, 8, 11 and 14. The training shall include the following elements:
a. The hazards of setting the short-circuit inter- rupting device(s) too high to adequately protect the trailing cables;
b. How to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained;
c. Mining methods and operating procedures that will protect the trailing cable(s) against mechanical damage; and
d. 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.
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
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