In the matter of Petition for Modification
Bowie Resources, Limited
Bowie Mine #2
I.D. No. 05-04591 Docket No. M-1999-064-C
PROPOSED DECISION AND ORDER
On June 18, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.804(a) to Petitioner's Bowie Mine #2 located in Delta County, Colorado. 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, this Proposed Decision and Order 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 75.804(a).
On the basis of the petition and the findings of MSHA's investigation, Bowie Resources, Limited is granted a modification of the application of 30 CFR 75.804(a) to its Bowie Mine #2.
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 Bowie Resources, Limited's Petition for Modification of the application of 30 CFR 75.804(a) in the Bowie Mine #2 is hereby:
GRANTED, for Bowie Resources, Limited's, Bowie Mine #2's longwall system, conditioned upon compliance with the following terms and conditions:
1. The high-voltage cables used for high voltage longwall equipment, shall be 5KV, 3/C type SHD+GC or similar 5,000-volt cable with a center ground check conductor, but otherwise manufactured to the ICEA Standard S-75-381 for Type SHD, three-conductor cables. The cable shall be MSHA accepted as flame-resistant.
2. The cable construction shall be symmetrical 3/C, 3/G, and 1/GC.
3. The ground check conductor shall not be smaller than a No. 16 AWG stranded conductor.
4. The Petitioner's alternative method shall not be implemented until all qualified electrical personnel (that meet the requirements of 30 CFR 75.153) who perform maintenance on the longwall equipment have received "hands on" training in the installation, splicing and repair of these
specially designed high-voltage cables. This training shall also include, if any, the permissibility change requirements for the above specified cables.
5. Within 60 days after the Proposed Decision and Order 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 specify initial and refresher training regarding the alternative method outlined in the Proposed Decision and Order.
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