In the matter of
Tri-State Terminals, Incorporated Lockwood Dock
l.D. No. 15-10358
Petition for Modification
Docket No. M-97-071-C
PROPOSED DECISIQN AND ORDER
On May 20, 1997, a petition was filed seeking a modification of the application of 30 CFR 77.503-1 to Petitioner's Lockwood Dock, located in Boyd County, Kentucky.
The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times provide the same measure of protection as the standard.
The Petitioner' s proposed alternative method consists of waiving the requirements of 30 CFR 77.503-1 and allowing the use of smaller size conductors that are provided with current limiting devices to deenergize the circuit before a rise in temperature from normal operation will damage the insulating materials.
MSHA personnel conducted an investigation of the petition and filed a report of their fmdings 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 investigation report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 77.503-1 to the Lockwood Dock will not result in a diminution of safety to the miners and the proposed alternative method will not provide the same measure of protection to miners as the standard.
MSHA's investigation revealed that no reported accidents had occurred as a result of compliance with the requirements of 30 CFR 77.503-1. In this regard, the legislative history of the Coal Mine Safety and Health Act of 1969 documents numerous frres having occurred at surface coal handling facilities as a result of electric conductors not being of sufficient size and adequate current carrying capacity. The Act further directed the Agency to promulgate regulations requiring electric conductors to be of sufficient size and adequate current carrying capacity that normal operation of electric equipment would not result in a rise of temperature that would cause damage to the insulating materials.
On the basis of the petition and the findings of MSHA's investigation, Tri-State Terminals, Incorporated, is not granted a modification of the application of 30 CFR 77.503-1 to its Lockwood Dock.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811 (c), it is ordered that Tri-State Terminals, Incorporated's Petition for Modification of the application of 30 CFR 77.503-1 at the Lockwood Dock is hereby:
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 reqest shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, inc!uding specific objections to the Proposed Decision and Order. A party other than the petitioner who requested a hearing shall also comment upon all itsues of fact or law presented in the petition. 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, this Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the loading dock.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health