October 2, 2007
In the matter of Petition for Modification Knight Hawk Coal, LLC
Prairie Eagle Mine
I.D. No. 11-03147 Docket No. M-2007-006-C
PROPOSED DECISION AND ORDER
On January 24, 2007 a petition was filed seeking a modification of the application of 30 C.F.R. § 75.503 (30 C.F.R. § 18.35) to Petitioner's Prairie Eagle Mine located in Perry County, Illinois. The Petitioner alleges that the alternative method proposed in the petition will 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 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 is issued.
Finding of Fact and Conclusion of Law
Petitioner proposed an alternative method of compliance with the standard in order to increase the maximum length of trailing cables that supply power to continuous mining machines and roof bolters. 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 C.F.R. § 75.503.
On the basis of the petition and the findings of MSHA's investigation, Knight Hawk Coal, LLC is granted a modification of the application of 30 C.F.R. § 75.503 to its Prairie Eagle Mine.
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. § 811(c), it is ordered that Knight Hawk Coal, LLC’s Petition for Modification of the application of
30 C.F.R. § 75.503 for trailing cables used for continuous mining
machines and roof bolting machines in the Prairie Eagle Mine is hereby:
GRANTED, for the trailing cables supplying 995-volt three- phase alternating current to continuous mining machines and trailing cables supplying 480-volt three-phase alternating current to roof bolting machines conditioned upon compliance with the following terms and conditions:
The maximum length of the trailing cables supplying power to three-phase 995-volt continuous mining machines shall be 950 feet. The maximum length of the trailing cables supplying power to the three-phase
480-volt roof bolting machines shall be 900 feet.
The trailing cables for the 995-volt continuous mining machines shall not be smaller than No. 2/0 A.W.G.,
SHD-GC. The trailing cables for the 480-volt roof bolting machines shall not be smaller than No. 2 A.W.G.
All circuit breakers used to protect the No. 2/0 A.W.G. trailing cables exceeding 850 feet in length shall have instantaneous trip units calibrated to trip at 1500 amperes. The trip setting of these circuit breakers shall be sealed so that the setting cannot be changed, and these circuit breakers shall have permanent, legible labels. Each label shall identify the circuit breaker as being suitable for protecting No. 2/0 A.W.G. cables. The label shall be maintained legible.
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 so that the setting cannot be changed, 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 shall be maintained legible.
Replacement instantaneous trip units used to protect No. 2/0 A.W.G. trailing cables shall be calibrated to trip at 1,500 amperes and this setting shall be sealed or locked.
Replacement 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 or locked.
All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available. Short-circuit current setting must not exceed 70% of the minimum available current.
During each production day, persons designated by the mine operator shall visually examine the trailing cables to ensure that the cables are in safe operating condition and that the instantaneous settings of the specially calibrated breakers do not have seals or locks removed and that they do not exceed the settings stipulated in items 5 and 6.
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.
Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.
Splices and repairs in trailing cables shall be made in accordance with the instructions of the splice or repair manufacturer and 30 C.F.R. §§ 75.603 and 75.604.
The Petitioner's alternative method shall not be implemented until all miners who have been designated to examine the integrity of seals, verify the short- circuit settings, and examine trailing cables for defects have received the elements of training specified in Item No. 13.
Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager for the area in which the mine is located. The training shall include the following elements:
Training in the mining methods and operating procedures that will protect the trailing cables against damage;
Training in proper procedures for examining the trailing cables to ensure that they are in safe condition;
Training in the hazards of setting the short circuit interrupting device(s) too high to adequately protect the trailing cables; and
Training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained.
The procedures as specified in 30 C.F.R. § 48.3 for approval of 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 C.F.R. § 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 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.
Terry L. Bentley
Acting Deputy Administrator 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, this
, 2007, to:
Mr. Thomas J. Hasenstab II, P.E. Mine Engineer
Knight Hawk Coal, LLC 7290 Country Line Road Cutler, Illinois 62238
Melissa C. Beaty
Mine Safety and Health Technician
cc: Jerry Jones, State of Illinois bcc: District 8
S. El-Bassioni Case File
MCS:S.El-Bassioni:mcb:8/16/2007 using terms & conditions and language developed for previous decision M-2002-019-C; SEB:mb:09/29/2007 – changes to page 2 (2 to 2/0)