Petition for Modification of Application of Existing Mandatory Safety Standards, 99306-99309 [2024-28879]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99306-99309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28879]


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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-
0087 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0087.
    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:
    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-2024-062-C.
    Petitioner: Consol Pennsylvania Coal Company, LLC, 275 Technology 
Drive, Suite 101, Canonsburg, PA 15317.
    Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County, 
Pennsylvania.

[[Page 99307]]

    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.
    (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, 5000 mAh. There 
is internal charging with an external power pack 12V DC, 3A output.
    (v) The standards for approval of these Vibration Data Collectors,

[[Page 99308]]

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 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 Harvey 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

[[Page 99309]]

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. 2024-28879 Filed 12-9-24; 8:45 am]
BILLING CODE 4520-43-P