In the matter of: Petition for Modification
Rosebud Mining Company Cresson Mine
I.D. No. 36-09308 Docket No. M-2017-026-C
PROPOSED DECISION AND ORDER
On November 13, 2017, Rosebud Mining Company filed a petition seeking a modification of the application of 30 C.F.R. § § 75.503, 18.35 (a) (5) (i) to its Cresson underground mine, located in Cambria County, PA.
Permissible electric face equipment; maintenance according to §75.503 states: The operator of each coal mine shall maintain in permissible condition all electric face equipment required by §§75.500, 75.501, 75.504 to be permissible which is taken into or used inby the last open crosscut of any such mine.
The general provisions and purpose according to 30 C.F.R. § 18.1 states: The regulations in this part 18 set forth the requirements to obtain MSHA: Approval of electrically operated machines and accessories
intended for use in gassy mines or tunnels, certification of components intended for use on or with approved machines, permission to modify the design of an approved machine or certified component, acceptance of flame-resistant hoses, sanction for use of experimental machines and accessories in gassy mines or tunnels; also, procedures for applying for such approval, certification, acceptance for listing.
The relevant portion of§ 18.35 (a) (5) (i) states:
§18.35 Portable (trailing) cables and cords.
(a) Portable cables and cords used to conduct electrical energy to face equipment shall conform to the following:
(5) Ordinarily the length of a portable (trailing) cable shall not exceed 500 feet. Where the method of mining requires the length of a portable
(trailing) cable to be more than 500 feet, such length of cable shall be permitted only under the following prescribed conditions:
(i) The lengths of portable (trailing) cables shall not exceed those specified in Table 9, Appendix I, titled "Specifications for Portable Cables Longer Than 500 Feet."
Table 9 in Appendix I specifies the maximum length of trailing cables as 600 feet using No. 4 AWG cable and 700 feet using No. 2 AWG cable, 850 feet using 2/0 AWG and 1000 feet using 4/0 AWG.
Petitioner is requesting a modification of the standard to allow the use of 480 VAC extended trailing cables on mobile bridge conveyors, dual and single boom roof bolting machines, truss bolting machines, shuttle cars, and extended trailing cables on 995 VAC continuous mining machines with additional safeguards including the following:
The maximum #2/0 AWG trailing cable length shall not exceed 1000 feet. The maximum #4/ 0 AWG trailing cable length shall not exceed 1250 feet. The maximum #2 AWG trailing cable length shall not exceed 1250 feet.
The maximum #4 AWG trailing cable length shall not exceed 900 feet.
All circuit breakers (CB) used to protect #4 AWG exceeding the length of trailing cables specified within the provision shall have instantaneous trip units calibrated with a plus or minus trip tolerance and sealed to trip at 500 AMPS.
These CBs shall have permanent legible labels attached. The label shall identify the CB as being suitable for protection. The labels on each power center cover(s) shall warn miners not to change or alter these sealed short circuit settings.
Replacement CB and/ or instantaneous trip units used to protect·#4 AWG exceeding the length of trailing cables specified within-the provision shall be calibrated with a plus or minus trip tolerance and sealed to trip at 500 AMPS.
All components that provide short circuit protection shall have sufficient interruption rating in accordance with the maximum calculated fault currents available.
Visual examinations shall be conducted each production day to ensure the trailing cables are in safe operating condition, assure CBs do not exceed
stipulated settings, assure CBs have not been tampered with and assure seals are present.
Remove from service any trailing cable that is not is safe operating condition.
Make repairs and splices in a workman like manner, in accordance with instruction from the manufacturer, and in compliance with 30 C.F.R. § § 75.603 and 75.604.
Excess trailing cable shall be stored behind the anchor to prevent overheating.
All miners responsible for examinations shall be trained including; hazards of setting short circuit device too high, verify proper setting, mining methods and operating procedures to protect trailing cables against damage, and proper procedures for trailing cable examination.
The petitioner contends that this alternative method will provide for a level of safety equal to or greater than the statute in place.
MSHA investigators conducted an investigation into the merits of the petition and filed a report of their findings with the Administrator for Coal Mine Safety and Health. After careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.
Findings of Fact and Conclusion of Law
MSHA investigators conducted an investigation of Rosebud Mining Company's Cresson Mine on January 2, 2018.
The Cresson Mine is developed into the Upper Freeport coal seam through three drifts. There are 17 person employed, 15 work underground and 2 work on the surface. Coal is mined on one production shift per day, six days per week. Daily average is 250 tons of raw coal. There is currently one producing section. Coal is extracted by a continuous mining machine, transported to the underground belt conveyors and then conveyed to the outside. The Cresson Mine is in non-producing status at the time of the investigation. The granting of this petition would affect all underground miners at the mine.
The petitioner request to use longer trailing cable lengths than allowed by the provision with additional safe guards. The petitioner's request describes the subject equipment in general terms such as type but does not include the equipment make, model, certification, intended use, equipment rating, equipment specifications, or minimum phase to phase short circuit current available at the end of each of the trailing cables in these hazardous locations. The petition states the maximum #2/ 0 AWG trailing cable length for the mobile bridge conveyor shall not exceed 1000 feet and the maximum #4/0 AWG trailing cable length for the mobile bridge conveyor shall not exceed 1250 feet. There was no 480 VAC #2/ 0 AWG trailing cable found on mine property during the investigation. The mine operator stated that this size cable is not used as a 480 VAC trailing cable for the mobile bridge conveyor.
The petitioner does not provide a detailed statements of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted. This is required according to 30 C.F.R. § 44.11(a) (5). This provision establishes the content requirements of a petition. The petitioner must provide facts related to the petitioner's request-including details of the alternative method. The petitioner does not provide facts related to how the longer trailing cables will affect the safety of the permissible electrical face equipment. The petitioner states the instantaneous trip settings for the equipment but does not provide a mine power systems schematic or diagram indicating the minimum available fault current at the end of each trailing cable requested. The petitioner states that the instantaneous trip units shall be calibrated and sealed to trip setting with a plus or minus 10 percent trip tolerance. The petitioner does not provide facts verifying the accuracy of the instantaneous trip units.
The safety purpose of 30 C.F.R. § § 75.503 and 18.35(a)(5)(i) is to ensure that electric equipment will not cause a mine ignition, fire, or explosion which is taken into or used inby the last open crosscut of any such mine. Similarly, the petitioner's alternative proposal seeks to ensure that the extended trailing cables when used will not introduce an ignition, fire, or explosion hazard by limiting such use to situations in which a maximum trailing cable length is established, sealed instantaneous trip units are provided and calibrated within a plus or minus 10 percent trip tolerance, providing short circuit protection having sufficient interruption rating in accordance with the maximum calculated fault currents available, more frequent examinations, removing unsafe conditions, making repairs and splices is a workman like manner, storing excess trailing cable, and training. However, while these conditions would mitigate the risks of a mine ignition, fire, or explosion in or inby the last open crosscut at this mine on a working section, MSHA determined that additional information was necessary to verify the same measure of protection.
Ordinarily, the length of trailing cable shall not exceed 500 feet however where the method of mining requires the cable to be more than 500 feet, such length of cable shall only be permitted under certain prescribed conditions. The petitioner does not provide certain conditions. Table 9 established specifications for trailing cables longer than 500 feet. During the investigation it was determined that a CB with an instantaneous trip unit calibrated and sealed to trip at 1500 AMPS with a plus or minus 10 percent trip tolerance does not provide adequate short-circuit protection to protect a 480VAC #2/ 0 AWG trailing cable 1000 feet in length.
Additional information was requested of the petitioner in September, 2018 and again in April, 2019. The additional information and facts requested of the petitioner was not submitted. The petition does not provide adequate facts to support an alternative method of compliance that will at all times guarantee no less than the same measure of protection to the miners.
Since the petitioner does not provide a detailed statements of the facts to support or substantiate the proposed alternative method the alternate method proposed cannot be effectively evaluated. The petition does not provide the facts to support the claim of this modification. Facts are not present to determine if the alternative method achieves the specific safety goal of the standard or promotes other safety benefits associated with the standard.
Therefore, on the basis of the petition, the investigation, and a review of the entire record, Rosebud Mining Company is not granted a modification of the application of 30 C.F.R. § 75.503, 18.(a)(5)(i) to its Cresson 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 l0l(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Rosebud Mining Company's Petition for Modification of the application of 30 C.F.R. § 75.503, 18.35(a) (5) (i) in the Cresson Mine is hereby:
Dismissed, for the use of 480 VAC extended trailing cables on mobile bridge conveyors, dual and single boom roof bolting machines, truss bolting machines, shuttle cars, and extended trailing cables on 995 VAC continuous mining machines in or inby the last open crosscut at this mine on a working section
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14 within 30 days. The request for the hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South - Suite 401, Arlington, Virginia 22202-5450.
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 the Petitioner who has requested a hearing may 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 Proposed Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_____/s/______
Stephen J. Gigliotti
Chief, Safety Division for
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 28th day of may , 2019, to:
Mr. Joseph Somogyi
Maintenance Department
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
Mr. Frank Pohopin
Health and Safety Department
301 Market Street
Kittanning, PA 16201
cresson.foreman@rosebudmining.com
/s/
Rodney Adamson
Mine Safety and Health Specialist