Petition for Modification
In the matter of
West Ridge Resources, Inc.
West Ridge Mine
I.D. No. 42-02233
Docket No. M-2001-043-C
30 CFR 75.804(a)
PROPOSED DECISION AND ORDER
On April 11, 2001, a petition was filed seeking a modification of the application of 30 CFR 75.804(a) to Petitioner's West Ridge Mine located in Carbon County, Utah. 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.
The petitioner has been granted a modification of 30 CFR 75.1002 in which the Proposed Decision and Order (Docket No. M--1999-053, finalized June 21, 2000) recognizes in paragraph 15 of the terms and conditions that a modification of 30 CFR 75.804 would be required to utilize high-voltage cables for the longwall with an insulated internal ground check conductor smaller than No. 10 (AWG) but not smaller than No. 16 (AWG).
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, West Ridge Resources, Inc. is granted a modification of the application of 30 CFR 75.804(a) to its West Ridge 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 West Ridge Resources, Inc.'s Petition for Modification of the application of 30 CFR 75.804(a) in the West Ridge Mine is hereby:
GRANTED, for West Ridge Resources, Inc.'s, West Ridge Mine longwall system, conditioned upon compliance with the following terms and conditions:
1. The high-voltage cables used for high voltage longwall equipment, shall be Cablec Anaconda brand 5 KV 3/C type SHD+GC, Pirelli 5 KV 3/C SHD-CENTER-GC, or Tiger brand 5 KV type SHC-CGC. The cable shall be MSHA accepted as flame-resistant.
2. The ground check conductor shall not be smaller than a No. 16 AWG stranded conductor.
3. 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.
4. 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