[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99295-99298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28887]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by Consol
Pennsylvania Coal Company, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before January 9, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0084 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0084.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk, 4th Floor West. 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.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (fax). [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 determines that:
[[Page 99296]]
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.
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-2024-059-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, 275 Technology
Drive, Suite 101, Canonsburg, PA 15317.
Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.1002(a) as it pertains to use of battery-powered vibration
analyzers and data collectors. Specifically, the petitioner is
requesting to permit the use of battery-powered non-permissible
SCOUT140EX and 100EX vibration analyzers and the vb7 Portable Data
Collector, Analyzer and Balancer within 150 feet of pillar workings or
longwall faces. The petitioner states that:
(a) The petitioner is requesting to utilize the SCOUT140EX and
100EX vibration analyzers and the vb7 Portable Data Collector, Analyzer
and Balancer within 150 feet of pillar workings or longwall faces.
(b) In approximately 2021, the SKF Microlog Analyzer CMXA 51, which
was certified and approved by the U.S. Department of Labor's Mine
Safety and Health Administration (``MSHA'') for use in hazardous
``gassy'' areas of all mine operations in the United States, was
discontinued and is no longer available for purchase. An email from SKF
Technical Support states that the CMXA-51-MSHA Microlog has been
discontinued and is no longer available for purchase.
(c) Currently, there is no other MSHA approved vibration analyzer
and data collector still in production. Thus, there are no new MSHA
approved vibration analyzers and data collectors that are available for
purchase.
(d) Currently, there is no other MSHA approved vibration analyzer
and data collector that is still in production.
(e) The SCOUT100EX Vibration Data Collector, Analyzer and Balancer
is a portable hardware monitoring device that supports dual-channel
vibration data collection, analysis, and balancing. The device can be
used to collect data from sensors on a route, for machine-side analysis
and diagnosis, and on-site dynamic balance correction. The SCOUT100EX
is ATEX Zone 2 and IECEx Zone 2 compliant and safe for hazardous areas.
(f) The SCOUT140EX Vibration Data Collector, Analyzer and Balancer
is a portable hardware monitoring device that supports four-channel
vibration data collection, analysis, and balancing. The device can be
used to collect data from sensors on a route, for machine-side analysis
and diagnosis, and on-site dynamic balance correction. The SCOUT100EX
is ATEX Zone 2 and IECEx Zone 2 compliant and safe for hazardous areas.
(g) The vb7 Portable Data Collector, Analyzer and Balancer
instrument is a dual channel vibration data collector, analyzer and
balancer. The device can be used for on-route and off-route data
collection, machine-side analysis and diagnosis as well as on-site
dynamic balance correction. The vb7 Portable Data Collector, Analyzer
and Balancer is certified for Class 1 Division 2 hazardous areas.
(h) The SCOUT100EX, SCOUT140EX, and vb7 are certified for Class 1
Division 2 hazardous areas, and are IP-rated in North America as ATEX
Zone 2 and internationally IECEx Zone 2, compliant and safe for use in
hazardous areas.
(i) Consol shall use these devices to collect data from sensors on
a route, for machine-side analysis and diagnosis, and on-site dynamic
balance correction. Primarily, equipment contractors at Consol shall
use these analyzers to take vibration readings on the shearing machine
to predict and prevent gearing/motor failures while on the longwall
face. A failure of a major component on the longwall face potentially
poses many risks to miners when that particular component has to be
changed out on the face.
(j) Some equipment manufacturers have historically had gearing
issues with their shearer ranging arms on the shearing machines as well
as cutter head gearboxes on their continuous miners and these
components are very large and heavy.
(k) Consol relies on vibration collection to predict impending
failures and successfully change individual parts and components before
a catastrophic failure resulting in changing the entire ranging arm or
cutter head gearcase.
(l) The SCOUT140EX, 100EX, and vb7 shall be used by trained
personnel from Consol or the vendor to take readings while running the
associated motor or gearbox being tested. The shearing machine shall be
out of service from production during the vibration collection.
(m) In addition, SCOUT140EX, 100EX, and vb7 may be part of the
weekly inspection of the shearing machines by the manufacturer
representative or by Consol's mine maintenance staff. Regardless, the
shearing machine shall not be producing coal or moving while in use
unless it has to be trammed to take readings on the haulage/tram
gearbox. Regardless, the machines shall not be cutting coal at the time
of use.
(n) Currently, SCOUT140EX, 100EX, and vb7 are the only analyzers
Consol has found to replace the older versions and the SKF versions,
which are no longer manufactured and available for purchase. However,
the SCOUT140EX, 100EX, and vb7 are not approved under the applicable
MSHA standards for permissibility.
(o) Electronic equipment used in underground mines in potentially
explosive atmospheres is required to be approved by MSHA per 30 CFR.
Bently Nevada and other manufacturers do offer alternative products for
many other environments and applications.
(p) Given the benefits of the use of vibration analyzers, the
application of the standard results in a diminution of safety at the
mine. Consol petitions to permit the use of a SCOUT100EX, SCOUT140EX,
and vb7 Vibration Data Collectors, Analyzers and Balancers.
(q) The SCOUT100EX, SCOUT140EX, and vb7 Portable Intrinsically Safe
Vibration Data Collector, Analyzer and Balancer batteries qualify as
intrinsically safe in the US, Canada, and any other country accepting
IECEx reports. IECEx is the International Electrotechnical Commissions
System for Certification to Standards Relating to Equipment for Use in
Explosive Atmosphere.
(r) The vibration analyzers have an intrinsically safe (IS) rating
of Division 1: IS Class I, II, III; Division 1 (includes Division 2)
Groups C, D, E, F, G; T4, under the most current standard (UL 60079,
6th Edition, 2013). ATEX-certified with an intrinsically safe (IS)
rating of ``ia''
(s) Consol recognizes that (NIOSH) researchers have conducted
studies on intrinsically safe (IS) equipment and believe that the
International Electrotechnical Commission (IEC) document 60079-11, or
the American National Standards Institute (ANSI)/International Society
(ISA) document 60079-11 for two-fault equipment (marked as ia), would
provide an equivalent level of safety as MSHA-approved equipment.
[[Page 99297]]
(t) Consol also recognizes that MSHA does not consider all
equipment that meets the 60079-11 standard as equivalent to MSHA
approval at this time. However, MSHA also recognizes that use of
equipment meeting the 60079-11 standard for two-fault equipment (and
even, to a lesser extent, equipment meeting one-fault (marked as ib) or
no-fault (marked as ic) standards) provides a level of safety that is
not provided by equipment that does not meet the IEC/ANSI/ISA
standards.
(u) The battery is a Custom Lithium Ion Pack, 7.4V, 5,000 mAh.
There is internal charging with an external power pack 12V DC, 3A
output.
(v) The standards for approval of these Vibration Data Collectors,
Analyzers and Balancers are an acceptable alternative to MSHA's
standards and provide an equivalent level of protection.
(w) The alternate method proposed by the Petitioner will at all
times guarantee no less than the same measure of protection afforded
the miners under the mandatory standard.
The petitioner proposes the following alternative method:
(a) The operator shall permit the use of the following Vibration
Data Collectors, Analyzers and Balancers if they have an IP rating of
66 or greater in or inby the last open crosscut, in the return, or
within 150 feet of pillar workings or longwall faces, subject to the
conditions of the proposed decision and order (PDO) granted by MSHA:
SCOUT100EX, SCOUT140EX, and vb7 are certified for Class 1 Division 2
hazardous areas, and are IP-rated in North America as ATEX Zone 2.
(b) All non-permissible Vibration Data Collectors, Analyzers and
Balancers to be used in or inby the last open crosscut, in the return,
or within 150 feet of pillar workings or longwall faces shall be
examined by the person to operate the equipment prior to taking the
equipment underground to ensure the equipment is being maintained in a
safe operating condition. These examinations shall include:
(1) Check the instrument for any physical damage and the integrity
of the case;
(2) Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(c) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.153.
(d) The operator shall ensure that any repairs or servicing for all
non-permissible Vibration Data Collectors, Analyzers and Balancers will
be done by the manufacturer.
(e) The non-permissible Vibration Data Collectors, Analyzers and
Balancers that will be used in or inby the last open crosscut, in the
return, or within 150 feet of pillar workings or longwall faces shall
not be put into service until MSHA has initially inspected the
equipment and determined that it is in compliance with all the terms
and conditions of the PDO granted by MSHA.
(f) Non-permissible Vibration Data Collectors, Analyzers and
Balancers shall not be used if methane is detected in concentrations at
or above 1.0 percent methane. When 1.0 percent or more of methane is
detected while the non-permissible surveying equipment is being used,
the equipment shall be de-energized immediately and the non-permissible
electronic equipment withdrawn outby the last open crosscut or out of
the return. Prior to entering in or inby the last open crosscut, or
within 150 feet of pillar workings or longwall faces, all requirements
of 30 CFR 75.323 shall be complied with.
(g) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition as defined by
30 CFR 75.320. All methane detectors shall provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(h) Prior to energizing any of the non-permissible Vibration Data
Collectors, Analyzers and Balancers in or inby the last open crosscut
or in the return, or within 150 feet of pillar workings or longwall
faces, methane tests shall be made in accordance with 30 CFR 75.323(a).
(i) All areas where Vibration Data Collectors, Analyzers and
Balancers are to be used shall be pre-shifted according to 30 CFR
75.360. If the area was not pre-shifted, a supplemental examination
according to 30 CFR 75.361 shall be performed before any non-certified
person enters the area. If the area has been examined according to 30
CFR 75.360 or 30 CFR 75.361, additional examination is not required.
(j) A qualified person as defined in existing 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of non-permissible Vibration Data Collectors, Analyzers and Balancers
in or inby the last open crosscut or in the return.
(k) Batteries contained in the Vibration Data Collectors, Analyzers
and Balancers shall be ``charged'' in intake air outby the last open
crosscut and out of the return. Before each shift requiring the use of
Vibration Data Collectors, Analyzers and Balancers all batteries for
the Vibration Data Collectors, Analyzers and Balancers shall be charged
sufficiently that they are not expected to be charged on that shift.
(l) When using non-permissible Vibration Data Collectors, Analyzers
and Balancers in or inby the last open crosscut or in the return, or
within 150 feet of pillar workings or longwall faces, the operator
shall confirm by measurement or by inquiry of the person in charge of
the section, that the air quantity on the section, on that shift, in
the last open crosscut is at least the minimum quantity that is
required by the mine's ventilation plan.
(m) Personnel engaged in the use of Vibration Data Collectors,
Analyzers and Balancers shall be properly trained to recognize the
hazards and limitations associated with the use of such equipment in
areas where methane could be present.
(n) All persons who use Vibration Data Collectors, Analyzers and
Balancers shall receive specific training on the terms and conditions
of the PDO granted by MSHA before using non-permissible electronic
equipment in or inby the last open crosscut or in the return, or within
150 feet of pillar workings or longwall faces. A record of the training
shall be kept with the other training records.
(o) Within 60 days after the PDO granted by MSHA becomes final, the
operator shall submit proposed revisions for its approved 30 CFR part
48 training plans to the Coal Mine Safety and Health District Manager.
These proposed revisions shall specify initial and refresher training
regarding the terms and conditions stated in the PDO granted by MSHA.
When training is conducted on the terms and conditions in the PDO
granted by MSHA, an MSHA Certificate of Training (Form 5000-23) shall
be completed. Comments shall be included on the Certificate of Training
indicating that it was surveyor training.
(p) The operator is responsible for seeing that all contractors
hired by the operator are using electronic equipment in accordance with
the requirements of paragraph(s) above. The conditions of use in this
Petition shall apply to all non-permissible Vibration Data Collectors,
Analyzers and Balancers used in or inby the last open crosscut or in a
return, or within 150 feet of pillar workings or longwall faces,
regardless of whether the equipment is used by the operator or by an
independent contractor.
(q) The operator shall post the PDO granted by MSHA in unobstructed
locations on the bulletin boards and/or
[[Page 99298]]
in other conspicuous places where notices to miners are ordinarily
posted, for a period of not less than 60 consecutive days and shall
remain on the mine bulletin board until such time as the ruling on the
petition becomes final.
(r) There are no representatives of miners at the Enlow Fork Mine.
A copy of this petition has been posted on the bulletin board as of
September 30, 2024.
In support of the proposed alternative method, the petitioner has
also submitted: a SCOUT100EX Vibration Data Collector, Analyzer and
Balancer datasheet, a SCOUT140EX Vibration Data Collector, Analyzer and
Balancer datasheet, a vb7 Portable Data Collector, Analyzer and
Balancer datasheet, and email communication from SKF Technical Support.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection afforded the miners under
the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-28887 Filed 12-9-24; 8:45 am]
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