DECEMBER 14, 2004
In the matter of: Petition for Modification Eastern Associated Coal Corporation
Harris No. 1 Mine
I.D. No. 46-01271 Docket No. M-2004-037-C
PROPOSED DECISION AND ORDER
On August 16, 2004, a petition was filed seeking a modification of the application of 30 CFR 75.503 (Schedule 2G, §18.35) to the Harris No. 1 Mine, located in Boone County, West Virginia. The Petitioner alleges that the alternative method outlined in the petition would 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 areport 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, comments, and MSHA's investigative report and recommendations, 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 75.503.
On the basis of the petition and the findings of MSHA's investigation, Eastern Associated Coal Corporation is granted a modification of the application of 30 CFR 75.503 to its Harris No. 1 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 Eastern Associated Coal Corporation's Petition for Modification of the application of 30 CFR 75.503 for the use of an extended length trailing cable on 480-volt, three-phase, alternating current roof bolters and mobile roof supports and on 300-volt Direct Current (D.C.) shuttle cars in the Harris No. 1 Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. This Proposed Decision and Order shall apply only to trailing cables that supply 480-volt, three- phase alternating current to roof bolters and mobile roof supports and 300-volt D.C. shuttle cars. The trailing cables shall have a 90 degree insulation rating.
2. The trailing cable(s) shall be sized according to the equipment approval documentation.
3.The maximum length of the trailing cable(s) supplying the roof bolters and mobile roof supports shall not exceed 900 feet.
4. The maximum length of the trailing cable(s) supplying the shuttle cars shall not exceed 850 feet.
5. The trailing cable(s) for the 480-volt mobile roof support(s) shall not be smaller than a No. 4 A.W.G.
6. The trailing cable(s) for the 480-volt roof bolter(s) shall not be smaller than a No. 2 A.W.G.
7. The trailing cable(s) for the 300-volt D.C. shuttle cars(s) shall not be smaller than a No. 1/0 A.W.G.
8. All circuit breakers used to protect No. 4 A.W.G. trailing cables exceeding 600 feet in length shall have instantaneous trip units calibrated to trip at 500 amperes. The trip setting of these circuit breakers shall be sealed and these circuit breakers shall have permanent, legible labels. Each label shall identify the circuit breaker as being suitable for protecting No. 4 A.W.G. cables. The label(s) shall be maintained legible.
9. All circuit breakers used to protect No. 2 A.W.G. trailing cables exceeding 700 feet in length shall have instantaneous trip units calibrated to trip at 800 amperes. The trip setting of these circuit breakers shall be sealed and these circuit breakers shall have permanent, legible labels. Each label shall identify the circuit breaker as being suitable for protecting No. 2 A.W.G. cables. The label(s) shall be maintained legible.
10. All circuit breakers used to protect No. 1/0 A.W.G. trailing cables exceeding 800 feet in length shall have instantaneous trip units calibrated to trip at 1,250 amperes. The trip setting of these circuit breakers shall be sealed and these circuit breakers shall have permanent, legible labels. Each label shall identify the circuit breaker as being suitable for protecting No. 1/0 A.W.G. cables. The label(s) shall be maintained legible.
11. Replacement circuit breakers and/or instantaneous trip units used to protect No. 4 A.W.G. trailing cables shall be calibrated to trip at 500 amperes and this setting shall be sealed.
12. Replacement circuit breakers and/or instantaneous trip units used to protect No. 2 A.W.G. trailing cables shall be calibrated to trip at 800 amperes and this setting shall be sealed.
13. Replacement circuit breakers and/or instantaneous trip units used to protect No. 1/0 A.W.G. trailing cables shall be calibrated to trip at 1,250 amperes and this setting shall be sealed.
14. All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available.
15. During each production day, persons designated by the operator shall visually examine the trailing cables to ensure that the cables are in safe operating condition. The instantaneous settings of the specially calibrated breakers shall also be visually examined to ensure that the seals have not been removed or tampered with and that they do not exceed the settings stipulated in Items 8, 9, and 10.
16. Permanent warning labels shall be installed and maintained on the cover(s) of the power center identifying the location of each sealed short-circuit protective device. These labels shall warn miners not to change or alter these sealed short-circuit settings.
17. The haulage roads, locations of trailing cable(s) anchoring points, and locations of the belt tailpieces or feeder shall be arranged to:
(a) Minimize the need for secondary (temporary) trailing cable anchoring points and
(b) Minimize backspooling.
18. 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 for the area in which the mine is located. These proposed revisions shall specify task training for miners designated to examine the trailing cables for safe operating condition and verify that the short-circuit settings of the circuit interrupting device(s) that protect the affected trailing cables do not exceed the specified setting(s) in Items 8, 9, and 10. The training shall include the following elements:
(a) Training in the hazards of setting the short- circuit interrupting device(s) too high to protect the trailing cables adequately;
(b) Training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained;
(c) Training in mining methods and operating procedures that will protect the trailing cables against damage; and
(d) Training in proper procedures for examining the trailing cable to ensure that the cables are in safe operating condition by a visual inspection of the entire cable, observing the insulation, the integrity of splices, and nicks and abrasions.
The approval procedures as specified in 30 CFR 48.3 for proposed revisions to already approved training plans shall apply.
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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
If ahearing 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 desiredhearing 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.
John F. Langton
Deputy Administrator
For Coal Mine Safety and Health