In the matter of Petition for Modification
Bledsoe Coal Corporation
Mine No. 4
I.D. No. 15-11065
Mine No. 60
I.D. No. 15-12941 Docket No. M-1999-112-C
PROPOSED DECISION AND ORDER
On October 4, 1999 a petition was filed seeking a modification of the application of 30 CFR 75.900 to Petitioner's Mine No. 4 and Mine No. 60 both located in Leslie County, Kentucky. 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 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 (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, Bledsoe Coal Corporation is granted a modification of the application of 30 CFR 75.900 to its Mine No. 4 and Mine No. 60.
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 Bledsoe Coal Corporation's Petition for Modification of the application of 30 CFR 75.900 in the Mine No. 4 and Mine No. 60 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 protection for three-phase circuits supplying stationary belt drive installations and stationary pump installations greater than 5 horsepower.
2. The nominal voltage of the stationary belt conveyor drive(s) and stationary pump installation(s) shall not exceed 995-volts.
3. The nominal control voltage of the belt conveyor drive(s) and stationary pump installation(s) shall not exceed 120-volts.
4. Belt and stationary pump power vacuum contactors shall be built into or permanently attached to the belt or pump transformers. The belt and pump power contactors shall be isolated from the other components of the belt transformers.
5. Vacuum contactor(s) with associated protective relays shall provide undervoltage protection for the belt drives and water pumps greater than 5 horsepower.
6. The voltage rating of the vacuum contactor(s) shall be equal to or exceed the Roots-Means-Square (RMS) voltage of the power system. The continuous current rating of the vacuum contactor(s) shall be equal to or exceed the full load current of the utilization equipment.
7. The instantaneous magnetic trip and motor overload settings for each circuit breaker that provides protection for the stationary belt motor and pump motor circuit(s) shall be set in accordance with the National Electrical Code.
8. The circuit breakers shall be located so that the breakers can be operated without exposing miners to energized electric components or wiring.
9. Each circuit breaker installed in conjunction with contactor(s) shall be equipped with devices to provide short-circuit protection for each piece of equipment. The design of each installation must ensure coordination of the circuit breaker and vacuum contactor(s) so that the circuit breaker always opens first when a short-circuit condition occurs.
10. Ground-fault or short-circuit conditions on belt drive and pump installation circuits shall preclude remote closing of the vacuum contactor(s) until the molded case circuit breaker or the ground-fault relay in manually reset.
11. The fail-safe ground check circuit shall cause the the affected circuit vacuum contactor(s) to open when either the ground or pilot wire is broken.
12. The control circuit for each belt drive and pump installation affected by this petition shall be arranged so that a prestart alarm will be sounded for 15 seconds or more immediately before the belt and pump drive motors are energized.
13. Alarm horn(s) shall be installed and maintained at each belt conveyor drive, belt tail, belt drive/tail combination, permanent belt splicing location(s) and at each stationary pump installations greater than 5 horsepower. The prestart alarm horn(s) will exceed the ambient noise level in the area in which it is expected to produce its audible warning.
14. The prestart alarm horns shall operate on a nominal voltage of 24-volts or less.
15. 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.
16. Within 60 days after this 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 include initial and refresher training for all miners who are assigned to work in the belt conveyor entries or in pump installation areas of the Mine No. 4 and Mine No. 60 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, belt conveyor drives and water pump installations; 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