In the matter of Petition for Modification
RAG Empire Corporation
Eagle No. 5 Mine
I.D. No. 05-01370 Docket No. M-1999-094-C
PROPOSED DECISION AND ORDER
On September 3, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.902 to Petitioner's Eagle No. 5 Mine, located in Moffat 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 and recommendation, 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 75.902.
On the basis of the petition and the findings of MSHA's investigation, RAG Empire Corporation is granted a modification of the application of 30 CFR 75.902 to its Eagle No. 5 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 RAG Empire Corporation's Petition for Modification of the application of 30 CFR 75.902 in the Eagle No. 5 Mine is hereby:
GRANTED, for the north angle pump, conditioned upon compliance with the following terms and conditions:
1. Electrical power for the dewatering pump is supplied by a 7200-volt overhead line through a set of primary fuses to a 150 KVA 7200/480 delta/wye transformer with isolated neutral.
2. Power to the pump controller is supplied through a circuit breaker, and a starter. A ground-fault detector shall provide ground-fault detection and cause the circuit breaker to trip if a ground-fault occurs.
3. Power from the pump controller to the 100 Horse Power pump motor shall be provided through an armored cable containing 3 size 4/0 AWG power conductors and 3 size 4 AWG bare stranded copper grounding conductors.
4. The pump motor and all wiring shall be totally enclosed in the metal borehole casings which shall be part of the power system ground bed.
5. Grounding shall be provided by connecting the armored cable shielding and grounding conductors to the resistance grounded system at the motor starter enclosure, and to the pump enclosure.
6. The cable grounding conductors and the cable armor shall be connected to the borehole casing. The metal discharge water line and the borehole casing shall be bonded to the neutral ground conductor at the top of the borehole.
7. All accessible circuits shall be ground monitored to the top of the well where the entire system is bonded. A ground check circuit shall monitor continuously the grounding circuit and cause the circuit breaker to trip if the grounding conductor or pilot wire is open.
8. Task training shall be provided for all mine personnel who inspect and service the installations prior to implementing the alternative method.
9. 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. These proposed revisions shall specify initial and refresher training regarding 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, as amended, (Federal Register 53430, December 28, 1990) 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