[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59428-59430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23405]


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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-2021-033-C.
    Petitioner: Consol Pennsylvania Coal Company LLC, 685 Patterson 
Creek Road, Sycamore, PA 15364.
    Mine: Harvey Mine, MSHA ID No. 36-10045, 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. Harvey 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.

[[Page 59429]]

    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. A mine with multiple ventilation fans must equip air flow 
reversal prevention doors on those fans where air reversal is possible. 
These doors close in the event of a fan stoppage to prevent the air 
flow in the mine from reversing direction.
    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.
    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 activate 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 conduct 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

[[Page 59430]]

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. 2021-23405 Filed 10-26-21; 8:45 am]
BILLING CODE 4520-43-P