[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59430-59431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23404]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of an Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice includes the summary of a petition for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before November 26,
2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Email: [email protected]. Include the docket number of the
petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: Jessica D. Senk, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk in Suite 4E401. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
(CFR) part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor (Secretary)
determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
3. In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2021-032-C.
Petitioner: Consol Pennsylvania Coal Company LLC, 192 Crabapple
Road, Wind Ridge, PA 15380.
Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.312 (c) and (d) (Main mine fan
examinations and records).
Modification Request: The petitioner requests modification of the
existing standard 30 CFR 75.312 (c) and (d) to permit an alternative
method of compliance as it pertains to a mine fan shutdown to test the
automatic fan stoppage signal device and to determine that air flow
reversal prevention doors will automatically close when the fan shuts
down. The petitioner proposes an alternate method of performing the
main fan tests without shutting down the fan(s) and without removing
the miners from the mine.
The petitioner states that:
1. Bailey Mine is a large mine with a complex ventilation system
consisting of both intake and exhaust shafts. The exhaust shafts have
main mine fans connected to them. Each fan is equipped with a pressure
recording device and an automatic signal system designed to give an
alarm should the fan slow or stop. All exhaust fans are equipped with
automatic closing doors to prevent the reversal of air into the mine
upon a shutdown of the fan.
2. Because of the complexity of the ventilation system, shutting
down any fans creates the potential for effects on the system which may
require evaluation and delay. Use of the methods described below will
minimize the hazards associated with stopping the fans in a complex
ventilation system.
3. The mine liberates significant amounts of methane in a 24-hour
period. Disruption of the ventilation system by stopping and starting
the fans can cause damage underground and/or to ventilation fans. This
damage can result in methane accumulations underground. Stopping and
starting the fans has the potential to damage the electrical and
mechanical systems of the fans.
4. If a fan does not restart within 15 minutes of shutdown, a
lengthy restart of the mine operating system is required. This includes
a 3- to 4-hour examination, reset of underground mine power, and return
of the workers (who must exit the mine when testing begins) to their
assigned work areas.
5. It is essential that a mine with multiple ventilation fans be
equipped with air flow reversal prevention doors where air reversal is
possible. The doors close in the event of a fan stoppage to prevent the
air flow in the mine from reversing direction.
6. Petitioner proposes the following alternative method: The
petitioner's alternative test method consists of manually moving the
test frame assembly toward the horizontal position (operation position)
of the door while the fan is in operation. Since the test frame and air
flow reversal prevention door both use the same horizontal bearing
support shaft for bearing attachment, the test will verify that the
solid air flow reversal prevention door will close in the event of a
fan stoppage. If the test frame will move to the door and form a tight
fit, then the door will close against the fan housing during an actual
fan stoppage and form a tight fit when the air flow that keeps the door
open stops.
[[Page 59431]]
a. The modification will apply to exhausting main mine fans only.
Mine fans subject to this modification shall be equipped with a special
fan door assembly consisting of an open test frame and a solid air flow
reversal prevention door. The test frame shall be attached to a
rotatable shaft and latched to the fan housing during normal operation.
The air flow reversal prevention door shall be attached by bearing sets
to the shaft supporting the test frame and shall be rotatable around
the shaft. The air flow reversal prevention door shall be kept open
during normal fan operation only by air flowing from the fan. It shall
fit tightly against the fan housing when the fan stops, closing the
door. The test frame shall be latched against the fan housing when not
being used for testing.
b. The air flow reversal prevention door(s) shall be tested at
least every 31 days by rotating the test frame outward from its latched
position until it contacts the air flow reversal prevention door.
Rotation of the test frame shall also rotate the shaft and bearings
hinging the air flow reversal prevention door.
c. After the initial test, the door and frame test system will be
evaluated by MSHA and upon MSHA approval, testing shall occur at least
every 31 days. The person(s) conducting the test must be able to
visually observe the movement of the test frame and to visually observe
the rotation of the attached shaft. The person(s) conducting the
testing shall observe the contact between the test frame and the air
flow reversal prevention door to determine that a proper fit exists.
Also, the person(s) shall observe the general maintenance of the metal
door and test frame for good repair.
d. The method of using fans with multiple louvered air flow
reversal prevention doors is as follows:
i. When fans are equipped with multiple louvered air flow reversal
prevention door assemblies, each of these doors shall be mounted to a
rotatable shaft with a modified end.
ii. Fans with multiple louvered air flow reversal prevention doors
will be tested at least every 31 days by using a torque wrench or
lever. Each individual door will be rotated to a closed position, using
the special wrench, or lever on the end of the shaft, to insure that
they are functioning correctly. A record of the torque reading shall be
maintained. If any torque reading increases by 15 percent or more, the
cause shall be investigated and corrective actions taken. A record of
the investigation and any corrective action taken shall be made and the
results made available for inspection by MSHA and the miners'
representative.
e. Each air flow reversal prevention door shall be tested at least
every 7 months by stopping the fan to ensure the door automatically
closes when the fan shuts down.
f. Each fan subject to this petition shall be provided with a fan
alarm signal system consisting of:
i. A motor run fail safe relay energized through a contact provided
on the main starter vacuum contactor;
ii. An automatic fan signal device is provided by a fail-safe relay
energized by the chart recorder (water gauge) with the trip ranges set
to alarm when 25 percent of normal operating water gauge pressure is
lost;
iii. A dial out computer that monitors power to the fan signal.
When this control power is lost, the computer will call preprogramed
telephone numbers and notify the responsible person of the power loss;
and
iv. A mine monitoring system that monitors each fan signal. If the
monitoring system loses a signal or has a communication loss, or if any
of the previously mentioned alarms are triggered, the monitoring system
will sound a visible and audible alarm. The visible and audible alarm
will be provided at a location where a responsible person is always on
duty and has two-way communications with working sections and where
people are normally scheduled to work.
g. The automatic fan signal device will be tested at least every 31
days by manually operating a valve near the fan pressure recording
chart reducing the pressure on the water gauge to cause activation of
the fan signal. The actuation of the fan alarm will be verified by a
responsible person at the location where the responsible person is
always on duty when anyone is underground.
h. Each automatic fan signal device and signal alarm shall be
tested at least every 7 months by stopping the fan to ensure that the
automatic signal device causes the alarm to activate when the fan shuts
down.
i. The petitioner shall notify the MSHA District Manager when each
fan is equipped with the test frame, air flow reversal prevention door,
and fan alarm signal system so that MSHA may make an inspection prior
to testing the door and alarm in accordance with the terms and
conditions of this petition. If required by the District Manager, the
test procedure shall be demonstrated and the fan shall be shut down
during this MSHA inspection to verify that the air flow reversal
prevention door closes and the automatic fan signal activates an alarm
at the location of the responsible person.
j. Until all mine fans are equipped in compliance with this
petition, the miners must be removed from the mine for the testing of
any fan not equipped as required by the terms and conditions of this
petition.
k. Person(s) performing the fan signal device or air flow reversal
prevention door test(s) shall record the result of the test(s) in a
secure book prior to the end of the shift when testing takes place. The
record book shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by an
authorized representative of the Secretary and the representative of
miners. Such records shall also indicate the general repair of the
system.
l. Within 60 days of the petition being granted, the petitioner
shall submit proposed revisions for its approved 30 CFR part 48
training plan to MSHA's District Manager. These proposed revisions
shall include initial and refresher training regarding compliance with
the terms and conditions of the petition. Also, miners who are to
perform tests under the petition must be specifically trained on the
proper method of testing upon initial assignment to these
responsibilities and at least annually thereafter.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-23404 Filed 10-26-21; 8:45 am]
BILLING CODE 4520-43-P