| In the matter of RAG Emerald Resources Corporation (Originally Cyprus Emerald Res., Corp.) Emerald No. 1 Mine I.D. No. 36-05466 | Petition for Modification Docket No. M-1999-070-C |
On July 7, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.503 (Schedule 2G, §1 8.35) to the Cyprus Emerald Resources Corporation's, Emerald No. 1 Mine, located in Green County, Pennsylvania. Petitioner on August 5, 1999, by letter, advised the Mine Safety and Health Administration (MSHA) that the Mine I.D. No. 36-00952 had been inadvertently listed and should have been Mine I.D. No. 36-05466. The petition was revised to correctly reflect the Mine I.D. No. as 36-05466. At the same time the Petitioner also advised MSHA that the Cyprus Emerald Resources Corporation, had undergone a name change from Cyprus Emerald Resources Corporation, to RAG Emerald Resources Corporation. The petition was revised to correctly reflect the mine as RAG Emerald Resources Corporation. 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, comments, and MSHA's investigative report and recommendations, this Proposed Decision and Order is 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, RAG Emerald Resources Corporation is granted a modification of the application of 30 CFR 75.503 to its Emerald No. 1 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 RAG Emerald Resources Corporation's Petition for Modification of the application of 30 CFR 75.503 for the use of a 1,000-foot cable on face equipment during development mining in the Emerald No. 1 Mine is hereby:
- GRANTED, conditioned upon compliance with the following terms and conditions:
- 1. This Proposed Decision and Order shall apply only to trailing cables that supply 995-volt, three phase, alternating current to loading machine(s) and continuous mining machine(s) and trailing cables that supply 600-volt, three phase, alternating current to roof bolting machines, shuttle cars, and section ventilation fans. The trailing cables shall have a 90 degree insulation rating.
- 2. The maximum length of the continuous miner(s), loader(s), shuttle car(s), roof bolter(s), and ventilation fan(s) trailing cables shall not exceed 1,000 feet.
- 3. The trailing cable for the 995-volt continuous miner(s) shall not be smaller than a #2/0 A.W.G.
- 4. The trailing cables for the 995-volt loading machine(s) shall not be smaller than #2 A.W.G.
- 5. The trailing cables for the 600-volt roof bolter(s), shuttle car(s), and ventilation fan(s) shall not be smaller than #4 A.W.G.
- 6. All circuit breakers used to protect #4 A.W.G. trailing cables exceeding 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 suitable for protecting #4 A.W.G. cables. This label shall be maintained legible.
- 7. Replacement circuit breakers and/or instantaneous trip units, used to protect #4 A.W.G. trailing cables, shall be calibrated to trip at 500 amperes and this setting shall be sealed.
- 8. All circuit breakers used to protect #2 A.W.G. trailing cables exceeding 700 feet in length shall have instantaneous trip units calibrated to trip at 800 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 suitable for protecting #2 A.W.G. cables. The label shall be maintained legible.
- 9. Replacement circuit breakers and/or instantaneous trip units, used to protect #2 A.W.G. trailing cables, shall be calibrated to trip at 800 amperes and this setting shall be sealed.
- 10. All circuit breakers used to protect #2/0 A.W.G. trailing cables exceeding 850 feet in length shall have instantaneous trip units calibrated to trip at 1,500 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 suitable for protecting #2/0 A.W.G. cables. The label shall be maintained legible.
- 11. Replacement circuit breakers and/or instantaneous trip units, used to protect #2/0 A.W.G. trailing cables, shall be calibrated to trip at 1,500 amperes and this setting shall be sealed.
- 12. All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available.
- 13. During each production day, 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 or tampered with and that they do not exceed the settings stipulated in Items No. 6, 8, and 10.
- 14. Any trailing cable that is not in a safe operating condition shall be removed from service immediately and repaired or replaced.
- 15. Each splice or repair in the trailing cables to the continuous miner(s), loader(s), shuttle car(s), roof bolter(s), and ventilation fan(s) shall be made in a workmanlike manner and in accordance with the instructions of the manufacturer of the splice or repair materials. The splice or repair shall comply with 30 CFR Part 75.604 requirements. 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.
- 16. Permanent warning labels shall be installed and maintained on the cover(s) of the power center identifying the location of each sealed short-circuit protective device. These labels shall warn miners not to change or alter these sealed short-circuit settings.
- 17. In the event the mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable shall be removed from service immediately and repaired or replaced. Also, additional precautions shall be taken to ensure that haulage roads and trailing cable storage areas are situated to minimize contact of the trailing cable with continuous miner(s), loading machine(s), shuttle cars, roof bolters and ventilation fans. Moreover, trailing cable anchors, on cable reel equipment, shall be of the permanent type that minimize the tensile forces on the trailing cables.
- 18. Where the method of mining would require that trailing cables cross roadways or haulageways, the cables shall be securely supported from the mine roof or a substantial bridge for equipment to pass over the cables shall be provided and used.
- 19. Excessive cable shall be stored behind the anchor(s) on equipment that use cable reels to prevent cable over heating.
- 20. 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 have received the elements of training specified in Item No. 21.
- 21. The equipment listed in this petition, shall comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 CFR, Part 75.
- 22. 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 examine the trailing cables for safe operating condition and 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 No. 6, 8 and 10. The training shall include the following elements:
- (a) Training in the hazards of setting the short circuit interrupting device(s) too high to adequately protect the trailing cables;
- (b) Training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained;
- (c) Training in mining methods and operating procedures that will protect the trailing cables against damage;
- (d) Training to protect the trailing cables against damage caused by overheating cables due to excessive cable stored on cable reel(s) and adjusting stored cable behind the cable anchor(s) as tramming distances change; and
- (e) Training in proper procedures for examining the trailing cable to ensure that the cables are in safe operating condition by a visual inspection of the entire cable, observing the insulation, the integrity of splices, nicks and abrasions.
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.
 _________________________________ Michael J. Lawless Deputy Administrator for Coal Mine Safety and Health |
