On October 29, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.900 to Petitioner's Zeigler #11 Mine located in Randolph County, Illinois. Petitioner on December 17, 1999, (Docket No. M-1999-147-C) requested an admendment to Item #1 in Petition for Modification (Docket No. M-96-147-C) that was granted and became final on August 21, 1977. Item #1 in the originally granted petition reads as follows:
"The Petition for Modification shall apply only to the requirement for undervoltage protection for three-phase circuits supplying stationary belt drive installations in the Petitioner's New South and New Main East belt conveyor entries."
Petitioner requests to amend Item #1 wording as follows:
"The Petition for Modification shall apply only to the requirement for undervoltage and grounded-phase protection for three-phase circuits supplying stationary belt drive installations presently in use or installed in the future."
Petition for Modification (Docket No. M-1999-147-C) will supersede Petition for Modification (Docket No. M-96-147-C).
The Petitioner alleges that the alternative method outlined in the amended petition will at all times guarantee no less than the same measure of protection afforded the standard.
MSHA personnel conducted an investigation of the amended 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 amended petition and MSHA's investigative report and recommendation, this Proposed Decision and Order (PDO) is issued.
Finding of Fact and Conclusion of Law
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 75.900.
On the basis of the petition and the findings of MSHA's investigation, Old Ben Coal Company is granted a modification of the application of 30 CFR 75.900 to its Zeigler #11 Mine.
ORDER
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 Old Ben Coal Company's Petition for Modification of the application of 30 CFR 75.900 in the Zeigler #11 Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. The Petition for Modification shall apply only to the requirement for undervoltage and grounded-phase protection for three-phase circuits supplying stationary belt drive installations presently in use or installed in the future.
2. Belt power contactors shall be built into or permanently attached to the belt transformers. The belt power contactors shall be isolated from the other components of the belt transformers.
3. The control circuit for each belt drive shall be arranged so that a prestart alarm will be sounded for at least 15 seconds immediately before the belt drive motors are energized.
4. Alarm horns shall be installed and maintained at each belt conveyor drive, belt tail, belt drive/tail combination and permanent belt splicing location(s). The prestart alarm horn will exceed the ambient noise level in the area in which it is expected to produce its audible warning.
5. The prestart alarm horns shall operate on a nominal voltage of 24-volts or less.
6. The prestart alarm systems shall be examined, tested, and properly maintained in accordance with the requirements of 30 CFR 75.512 through 75.512-2.
7. Within 60 days after this PDO becomes final, the Petitioner shall submit proposed revision(s) for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall include initial and refresher training for all miners who are assigned to work in the belt conveyor entries of the New Main South and New Main North areas of the Zeigler #11 Mine and compliance with the conditions stated in the Proposed Decision and Order. The training shall include the following:
(a) Training in the purpose of the prestart alarm systems;
(b) Training in the potential hazards of working on or near belt conveyors and belt conveyor drives; and
(c) Training in the requirements of 30 CFR 75.1725(c) and (d).
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
|
