Petition for Modification of Application of Existing Mandatory Safety Standards, 99311-99314 [2024-28883]
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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
(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 nonpermissible electronic equipment in or
inby the last open crosscut or in the
return. 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
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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, 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 Bailey 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. 2024–28884 Filed 12–9–24; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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–
0086 by any of the following methods:
SUMMARY:
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99311
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0086.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
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.
S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (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.
FOR FURTHER INFORMATION CONTACT:
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–2024–061–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.
Regulation Affected: 30 CFR 75.507–
1(a), Permissible electric equipment.
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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
Modification Request: The petitioner
requests a modification of 30 CFR
75.507–1(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 in the
return air outby the last open crosscut.
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
in the return air outby the last open
crosscut.
(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 machineside 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 machineside 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
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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.
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(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). ATEXcertified 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 MSHAapproved 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,
Analyzers and Balancers are an
acceptable alternative to MSHA’s
standards and provide an equivalent
level of protection.
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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
(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 nonpermissible 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 nonpermissible surveying equipment is
being used, the equipment shall be deenergized immediately and the nonpermissible 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
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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 nonpermissible 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.
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99313
(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 nonpermissible 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
email communication from SKF
Technical Support.
The petitioner asserts that the
alternative method will guarantee no
less than the same measure of protection
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99314
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
Dated: December 4, 2024.
Roxanne L. Rothschild,
Executive Secretary.
afforded the miners under the
mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–28877 Filed 12–9–24; 8:45 am]
BILLING CODE 7545–01–P
[FR Doc. 2024–28883 Filed 12–9–24; 8:45 am]
BILLING CODE 4520–43–P
NATIONAL SCIENCE FOUNDATION
Advisory Committee for Technology,
Innovation and Partnerships;
Cancellation of Meeting
NATIONAL LABOR RELATIONS
BOARD
Notice of Appointments of Individuals
To Serve as Members of Performance
Review Boards
AGENCY:
National Labor Relations
Board.
Updated notice; appointment to
serve as members of performance review
boards.
ACTION:
On October 23, 2024, the
National Labor Relations Board
published a notice of appointments of
individuals to serve as members of
performance review boards for the
rating year beginning October 1, 2023
and ending September 30, 2024. Due to
the addition of another alternate, the
National Labor Relations Board is
issuing this updated notice with current
membership identified below.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570, (202) 273–1940 (this is not a
toll-free number), 1–866–315–6572
(TTY/TDD).
SUPPLEMENTARY INFORMATION:
National Science Foundation.
Notice; cancellation of meeting
AGENCY:
ACTION:
dates.
The National Science Foundation
published notices in the Federal
Register November 15, 2024, in FR Doc.
2024–26634 at 89 FR 90318 and
November 20, 2024, in FR Doc. 2024–
27057 at 89 FR 91805, concerning
meetings of the Advisory Committee for
Technology, Innovation and
Partnerships. The meetings scheduled
for Tuesday, December 10, 2024, at 12
p.m. and Friday, December 13, 2024, at
11 a.m. (ET) are cancelled.
FOR FURTHER INFORMATION CONTACT:
Please contact Crystal Robinson
crrobins@nsf.gov or 703–292–8687.
Dated: December 5, 2024.
Crystal Robinson,
Committee Management Officer, National
Science Foundation.
[FR Doc. 2024–28977 Filed 12–9–24; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–3103; NRC–2024–0176]
khammond on DSK9W7S144PROD with NOTICES
Name and Title
Joan A. Sullivan—Associate General
Counsel, Division of Operations
Management
Peter Sung Ohr—Associate General
Counsel, Office of the General
Counsel
Nancy Kessler Platt—Associate General
Counsel, Division of Legal Counsel
Andrew Krafts—Executive Assistant to
the Chairman (Chief of Staff), The
Board
Grant Kraus—Deputy Chief Counsel,
The Board
Ruth Burdick—(alternate) Deputy
Associate General Counsel, Division
of Enforcement Litigation, Appellate
and Supreme Court Litigation Branch
Roxanne L. Rothschild—(alternate)
Executive Secretary, The Board
Authority: 5 U.S.C. 4314(c)(4).
By Direction of the Board.
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Jkt 265001
Louisiana Energy Services, LLC, dba
Urenco USA; National Enrichment
Facility; Environmental Assessment
and Finding of No Significant Impact
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
amendment of Special Nuclear
Materials (SNM) License No. SNM–
2010, issued to Louisiana Energy
Services, LLC, dba Urenco USA (UUSA)
for the operation of the Urenco USA
uranium enrichment facility in Eunice,
New Mexico. The amended license
would increase the allowed enrichment
of uranium-235 (U–235) from the
current limit of 5.5 weight percent U–
235 (referred to as low-enriched
uranium or LEU) to less than 10 weight
percent U–235 (referred to as LEU+). For
SUMMARY:
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this proposed action, the NRC staff is
issuing an environmental assessment
(EA) and finding of no significant
impact (FONSI).
DATES: The EA and FONSI referenced in
this document are available on
December 10, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0176 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0176. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
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by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Christine Pineda, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6789; email:
Christine.Pineda@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an
amendment of Urenco USA’s license
SNM–2010 for the operation of the
Urenco USA uranium enrichment
facility in Eunice, New Mexico. If
approved, the amendment would
increase the allowed enrichment of
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99311-99314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28883]
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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-
0086 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0086.
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-2024-061-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.
Regulation Affected: 30 CFR 75.507-1(a), Permissible electric
equipment.
[[Page 99312]]
Modification Request: The petitioner requests a modification of 30
CFR 75.507-1(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 in the return air outby the last open
crosscut.
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 in the return air outby the last open crosscut.
(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,
Analyzers and Balancers are an acceptable alternative to MSHA's
standards and provide an equivalent level of protection.
[[Page 99313]]
(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 email communication from SKF Technical Support.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection
[[Page 99314]]
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-28883 Filed 12-9-24; 8:45 am]
BILLING CODE 4520-43-P
