[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66758-66764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28047]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before January 28, 2019.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, 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: Sheila McConnell, 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 a copy of the petitions and comments 
during normal business hours at the address listed above.
    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: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (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 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

[[Page 66759]]

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. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2018-020-C.
    Petitioner: Signal Peak Energy, LLC, Three Gateway Center, Suite 
1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Bull Mountains Mine No. 1, MSHA I.D. No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
surveying equipment in or inby the last open crosscut.
    The petitioner states that:
    (1) The use of nonpermissible electronic surveying equipment, 
includes, but is not limited to, portable, low voltage battery-operated 
mine transits and total station surveying equipment.
    (2) In the alternative to compliance with 30 CFR 75.500(d), the 
petitioner proposes the following:

--The operator will use the following nonpermissible electronic 
surveying equipment and similar nonpermissible electronic surveying 
equipment if it has an ingress protection (IP) rating of 66 or greater, 
in or inby the last open crosscut subject to the conditions of the 
Proposed Decision and Order (PDO):
(a) Sokkia CX-101
(b) Sokkia Im-101
(c) Topcon ES-101
(d) Topcon GM-101
(e) Leica FlexLine TS03 Manual Total Station
(f) Leica FlexLine TS07 Manual Total Station
(g) Leica FlexLine TS10 Manual Total Station
--The operator will maintain a logbook for nonpermissible electronic 
surveying equipment with the equipment, in the location where mine 
record books are kept, or in the location where the surveying record 
books are kept. The logbook will contain the date of manufacture and/or 
purchase of each piece of nonpermissible electronic surveying 
equipment. The logbook will be made available to MSHA on request.
--All nonpermissible electronic surveying equipment to be used in or 
inby the last open crosscut will be examined by the person operating 
the equipment prior to taking the equipment underground to ensure it is 
maintained in safe operating condition. These examinations will 
include:

    (a) Checking the instrument for any physical damage and the 
integrity of the case;
    (b) Removing the battery and inspecting for corrosion;
    (c) Inspecting the contact points to ensure a secure connection to 
the battery;
    (d) Reinserting the battery and powering-up and shutting-down to 
ensure proper connections; and
    (e) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.

--The equipment will be examined at least weekly by a qualified person, 
as defined in 30 CFR 75.153. The examination results will be recorded 
weekly in the equipment logbook. Examination entries in the logbook 
will be maintained for 1 year from the date of entry.
--The operator will ensure that all nonpermissible electronic surveying 
equipment is serviced according to the manufacturer's recommendations. 
Dates of service will be recorded in the equipment's logbook and will 
include a description of the work performed.
--The nonpermissible electronic surveying equipment used in or inby the 
last open crosscut will not be put into service until MSHA has 
inspected the equipment and determined that it is in compliance with 
all the terms and condition of the PDO.
--Nonpermissible electronic surveying equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 1.0 
percent or more methane is detected while such equipment is being used, 
the equipment will be de-energized immediately and withdrawn outby the 
last open crosscut. All requirements of 30 CFR 75.323 will be complied 
with prior to entering in or inby the last open crosscut.

--Prior to setting up and energizing nonpermissible electronic 
surveying equipment in or inby the last open crosscut, the surveyor(s) 
will conduct a visual examination of the immediate area for evidence 
that the area appears to be sufficiently rock-dusted and for the 
presence of accumulated float coal dust. If the rock-dusting appears 
insufficient or the presence of accumulated float coal dust is 
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have 
been cleaned up. If nonpermissible electronic surveying equipment is to 
be used in an area not rock-dusted within 40 feet of a working face 
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying 
equipment.
--All hand-held methane detectors will be MSHA-approved and maintained 
in permissible and proper operating condition, as defined in 30 CFR 
75.320. All methane detectors will provide visual and audible warnings 
when methane is detected at or above 1.0 percent.
--Prior to energizing nonpermissible electronic surveying equipment in 
or inby the last open crosscut, methane tests will be made in 
accordance with 30 CFR 75.323. Nonpermissible electronic surveying 
equipment will not be used in or inby the last open crosscut when 
production is occurring.
--Prior to surveying, the area will be examined, according to 30 CFR 
75.360. If the area has not been examined, a supplemental examination 
according to 30 CFR 75.361 will be performed before any non-certified 
person enters the area.
--A qualified person, as defined in 30 CFR 75.151, will continuously 
monitor for methane immediately before and during the use of 
nonpermissible electronic surveying equipment in or inby the last open 
crosscut. If there are two people in the surveying crew, both persons 
will continuously monitor for methane. The other person will either be 
a qualified person, as defined in 30 CFR 75.151, or be in the process 
of being trained to be a qualified person but has yet to make such 
tests for a period of 6 months, as required in 30 CFR 75.150. Upon 
completion of the 6-

[[Page 66760]]

month training period, the second person on the surveying crew must 
become qualified, as defined in 30 CFR 75.151, in order to continue on 
the surveying crew. If the surveying crew consists of one person, that 
person will monitor for methane with two separate devices.
--Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in intake air outby the last 
open crosscut. Replacement batteries will be carried only in the 
compartment provided for a spare battery in the nonpermissible 
electronic surveying equipment carrying case. Before each shift of 
surveying, all batteries for the nonpermissible electronic surveying 
equipment will be charged sufficiently so that they are not expected to 
be replaced on that shift.
--When using nonpermissible electronic surveying equipment in or inby 
the last open crosscut, the surveyor will 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.
--Personnel engaged in the use of nonpermissible electronic surveying 
equipment will be properly trained to recognize the hazards and 
limitations associated with the use of such equipment in areas where 
methane could be present.
--All members of the surveying crew will receive specific training 
before using nonpermissible electronic surveying equipment in or inby 
the last open crosscut. A record of the training will be kept with the 
other training records.
--Within 60 days after the proposed decision and order (PDO) becomes 
final, the operator will submit proposed revisions for its approved 30 
CFR part 48 training plans to the District Manager. These revisions 
will specify initial and refresher training regarding the terms and 
conditions of the PDO. When training is conducted on the terms and 
conditions in the PDO, an MSHA Certificate of Training (Form 5000-23) 
will be completed and will indicate that it was surveyor training.
--The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO became final or any total station or other electronic 
surveying equipment identified in the PDO acquired more than 10 years 
prior to the date that the PDO became final. After 5 years, the 
operator will maintain a cycle of purchasing new electronic surveying 
equipment whereby theodolites will be no older than 5 years from date 
of manufacture and total stations and other electronic surveying 
equipment will be no older than 10 years from date of manufacture.
--The operator will ensure that all surveying contractors hired by the 
operator are using nonpermissible electronic surveying equipment in 
accordance with the requirements in the PDO.
--The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

    (a) On a mechanized mining unit (MMU) where production is 
occurring, nonpermissible electronic surveying equipment will not be 
used downwind of the discharge point of any face ventilation controls, 
such as tubing (including controls such as ``baloney skins'') or 
curtains.
    (b) Production may continue while nonpermissible electronic 
surveying equipment is used, if the surveying equipment is used in a 
separate split of air from where production is occurring.
    (c) Nonpermissible electronic surveying equipment will not be used 
in a split of air ventilating an MMU if any ventilation controls will 
be disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
    (d) If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
    (e) Any disruption in ventilation will be recorded in the logbook 
required by the PDO. The logbook will include a description of the 
nature of the disruption, the location of the disruption, the date and 
time of the disruption and the date and time the surveyor communicated 
the disruption to the section foreman, the date and time production 
ceased, the date and time ventilation was reestablished, and the date 
and time production resumed.
    (f) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
will receive training in accordance with 30 CFR 48.7 on the 
requirements of the PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
    (g) The operator will provide annual retraining to all personnel 
who will be involved with or affected by surveying operations in 
accordance with 30 CFR 48.8. The operator will train new miners on the 
requirements of the PDO in accordance with 30 CFR 48.5, and will train 
experienced miners, as defined in 30 CFR 48.6, on the requirements of 
the PDO in accordance with 30 CFR 48.6. The operator will keep a record 
of the training and provide the record to MSHA upon request.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2018-021-C.
    Petitioner: Signal Peak Energy, LLC, Three Gateway Center, Suite 
1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Bull Mountains Mine No. 1, MSHA I.D. No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
surveying equipment in return airways.
    The petitioner states that:
    (1) The use of nonpermissible electronic surveying equipment, 
includes, but is not limited to, portable, low voltage battery-operated 
mine transits and total station surveying equipment.

[[Page 66761]]

    (2) In the alternative to compliance with 30 CFR 75.507-1(a), the 
petitioner proposes the following:

--The operator may use the following nonpermissible electronic 
surveying equipment and similar nonpermissible electronic surveying 
equipment if it has an ingress protection (IP) rating of 66 or greater 
in return airways subject to the conditions of the Proposed Decision 
and Order (PDO):
(a) Sokkia CX-101
(b) Sokkia Im-101
(c) Topcon ES-101
(d) Topcon GM-101
(e) Leica FlexLine TS03 Manual Total Station
(f) Leica FlexLine TS07 Manual Total Station
(g) Leica FlexLine TS10 Manual Total Station

--The operator will maintain a logbook for nonpermissible electronic 
surveying equipment with the equipment, in the location where mine 
record books are kept, or in the location where the surveying record 
books are kept. The logbook will contain the date of manufacture and/or 
purchase of each piece of nonpermissible electronic surveying 
equipment. The logbook will be made available to MSHA on request.
--All nonpermissible electronic surveying equipment used in return 
airways will be examined by the person operating the equipment prior to 
taking the equipment underground to ensure it is maintained in safe 
operating condition. These examinations will include:

    (a) Checking the instrument for any physical damage and the 
integrity of the case;
    (b) Removing the battery and inspecting for corrosion;
    (c) Inspecting the contact points to ensure a secure connection to 
the battery;
    (d) Reinserting the battery and powering-up and shutting-down to 
ensure proper connections; and
    (e) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.

--The equipment will be examined at least weekly by a qualified person, 
as defined in 30 CFR 75.153. The examination results will be recorded 
weekly in the equipment logbook. Examination entries in the logbook 
will be maintained for 1 year from the date of entry.
--The operator will ensure that all nonpermissible electronic surveying 
equipment is serviced according to the manufacturer's recommendations. 
Dates of service will be recorded in the equipment's logbook and will 
include a description of the work performed.
--The nonpermissible electronic surveying equipment used in return 
airways will not be put into service until MSHA has inspected the 
equipment and determined that it is in compliance with all the terms 
and condition of the PDO.
--Nonpermissible electronic surveying equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 1.0 
percent or more methane is detected while such equipment is being used, 
the equipment will be de-energized immediately and withdrawn out of the 
return airways. All requirements of 30 CFR 75.323 will be complied with 
prior to entering in the return airways.
--Prior to setting up and energizing nonpermissible electronic 
surveying equipment in return airways, the surveyor(s) will conduct a 
visual examination of the immediate area for evidence that the area 
appears to be sufficiently rock-dusted and for the presence of 
accumulated float coal dust. If the rock-dusting appears insufficient 
or the presence of accumulated float coal dust is observed, the 
equipment will not be energized until sufficient rock-dust has been 
applied and/or the accumulations of float coal dust have been cleaned 
up. If nonpermissible electronic surveying equipment is to be used in 
an area within 40 feet of a working face where a continuous mining 
machine is used and the area has not been rock-dusted, the area will be 
rocked-dusted prior to energizing the nonpermissible electronic 
surveying equipment.
--All hand-held methane detectors will be MSHA-approved and maintained 
in permissible and proper operating condition, as defined in 30 CFR 
75.320. All methane detectors will provide visual and audible warnings 
when methane is detected at or above 1.0 percent.
--Prior to energizing nonpermissible electronic surveying equipment in 
return airways, methane tests will be made in accordance with 30 CFR 
75.323.
--Prior to surveying, the area will be examined, according to 30 CFR 
75.360. If the area has not been examined, a supplemental examination 
according to 30 CFR 75.361 will be performed before any non-certified 
person enters the area.
--A qualified person, as defined in 30 CFR 75.151, will continuously 
monitor for methane immediately before and during the use of 
nonpermissible electronic surveying equipment in return airways. If 
there are two people in the surveying crew, both persons will 
continuously monitor for methane. The other person will either be a 
qualified person, as defined in 30 CFR 75.151, or be in the process of 
being trained to be a qualified person but has yet to make such tests 
for a period of 6 months, as required in 30 CFR 75.150. Upon completion 
of the 6-month training period, the second person on the surveying crew 
must become qualified, as defined in 30 CFR 75.151, in order to 
continue on the surveying crew. If the surveying crew consists of one 
person, that person will monitor for methane with two separate devices.
--Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air out of the return 
airways. Replacement batteries will be carried only in the compartment 
provided for a spare battery in the nonpermissible electronic surveying 
equipment carrying case. Before each shift of surveying, all batteries 
for the nonpermissible electronic surveying equipment will be charged 
sufficiently so that they are not expected to be replaced on that 
shift.
--When using nonpermissible electronic surveying equipment in return 
airways, the surveyor will 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.
--Personnel engaged in the use of nonpermissible electronic surveying 
equipment will be properly trained to recognize the hazards and 
limitations associated with the use of such equipment in areas where 
methane could be present.
--All members of the surveying crew will receive specific training 
before using nonpermissible electronic surveying equipment in return 
airways. A record of the training will be kept with the other training 
records.
--Within 60 days after the proposed decision and order (PDO) becomes 
final, the operator will submit proposed revisions for its approved 30 
CFR part 48 training plans to the District Manager. These revisions 
will specify initial and refresher training regarding the terms and 
conditions of the PDO. When training is conducted

[[Page 66762]]

on the terms and conditions in the PDO, an MSHA Certificate of Training 
(Form 5000-23) will be completed and will indicate that it was surveyor 
training.
--The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO became final or any total station or other electronic 
surveying equipment identified in the PDO acquired more than 10 years 
prior to the date that the PDO became final. After 5 years, the 
operator will maintain a cycle of purchasing new electronic surveying 
equipment whereby theodolites will be no older than 5 years from date 
of manufacture and total stations and other electronic surveying 
equipment will be no older than 10 years from date of manufacture.
--The operator will ensure that all surveying contractors hired by the 
operator are using nonpermissible electronic surveying equipment in 
accordance with the requirements in the PDO.
--The petitioner states that it may use nonpermissible surveying 
equipment when production is occurring, subject the following 
conditions:

    (a) On a mechanized mining unit (MMU) where production is 
occurring, nonpermissible electronic surveying equipment will not be 
used downwind of the discharge point of any face ventilation controls, 
such as tubing (including controls such as ``baloney skins'') or 
curtains.
    (b) Production may continue while nonpermissible electronic 
surveying equipment is used, if the surveying equipment is used in a 
separate split of air from where production is occurring.
    (c) Nonpermissible electronic surveying equipment will not be used 
in a split of air ventilating an MMU if any ventilation controls will 
be disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
    (d) If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
    (e) Any disruption in ventilation will be recorded in the logbook 
required by the PDO. The logbook will include a description of the 
nature of the disruption, the location of the disruption, the date and 
time of the disruption and the date and time the surveyor communicated 
the disruption to the section foreman, the date and time production 
ceased, the date and time ventilation was reestablished, and the date 
and time production resumed.
    (f) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
will receive training in accordance with 30 CFR 48.7 on the 
requirements of the PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
    (g) The operator will provide annual retraining to all personnel 
who will be involved with or affected by surveying operations in 
accordance with 30 CFR 48.8. The operator will train new miners on the 
requirements of the PDO in accordance with 30 CFR 48.5, and will train 
experienced miners, as defined in 30 CFR 48.6, on the requirements of 
the PDO in accordance with 30 CFR 48.6. The operator will keep a record 
of the training and provide the record to MSHA on request.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2018-022-C.
    Petitioner: Signal Peak Energy, LLC, Three Gateway Center, Suite 
1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Bull Mountains Mine No. 1, MSHA I.D. No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
surveying equipment within 150 feet of pillar workings or longwall 
faces.
    The petitioner states that:
    (1) The use of nonpermissible electronic surveying equipment, 
includes, but is not limited to, portable, low voltage battery-operated 
mine transits and total station surveying equipment.
    (2) In the alternative to compliance with 30 CFR 75.500(d), the 
petitioner proposes the following:

--The operator will use the following nonpermissible electronic 
surveying equipment and similar nonpermissible electronic surveying 
equipment if it has an Ingress Protection (IP) rating of 66 or greater, 
within 150 feet of pillar workings or longwall faces subject the 
conditions of the Proposed Decision and Order (PDO):
(a) Sokkia CX-101
(b) Sokkia Im-101
(c) Topcon ES-101
(d) Topcon GM-101
(e) Leica FlexLine TS03 Manual Total Station
(f) Leica FlexLine TS07 Manual Total Station
(g) Leica FlexLine TS10 Manual Total Station

--The operator will maintain a logbook for nonpermissible electronic 
surveying equipment with the equipment, in the location where mine 
record books are kept, or in the location where the surveying record 
books are kept. The logbook will contain the date of manufacture and/or 
purchase of each piece of nonpermissible electronic surveying 
equipment. The logbook will be made available to MSHA on request.
--All nonpermissible electronic surveying equipment to be used within 
150 feet of pillar workings or longwall faces will be examined by the 
person operating the equipment prior to taking the equipment 
underground to ensure it is maintained in safe operating condition. 
These examinations will include:

    (a) Checking the instrument for any physical damage and the 
integrity of the case;
    (b) Removing the battery and inspecting for corrosion;
    (c) Inspecting the contact points to ensure a secure connection to 
the battery;
    (d) Reinserting the battery and powering-up and shutting-down to 
ensure proper connections; and
    (e) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.


[[Page 66763]]


--The equipment will be examined at least weekly by a qualified person, 
as defined in 30 CFR 75.153. The examination results will be recorded 
weekly in the equipment logbook. Examination entries in the logbook 
will be maintained for 1 year from the date of entry.
--The operator will ensure that all nonpermissible electronic surveying 
equipment is serviced according to the manufacturer's recommendations. 
Dates of service will be recorded in the equipment's logbook and will 
include a description of the work performed.
--The nonpermissible electronic surveying equipment used within 150 
feet of pillar workings or longwall faces will not be put into service 
until MSHA has initially inspected the equipment and determined that it 
is in compliance with all the terms and condition of the PDO.
--Nonpermissible electronic surveying equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 1.0 
percent or more methane is detected while the nonpermissible electronic 
surveying equipment is being used, the equipment will be de-energized 
immediately and withdrawn further than 150 feet from pillar workings 
and longwall faces. All requirements of 30 CFR 75.323 will be complied 
with prior to entering within 150 feet of pillar workings or longwall 
faces.
--Prior to setting up and energizing nonpermissible electronic 
surveying equipment within 150 feet of pillar workings or longwall 
faces, the surveyor(s) will conduct a visual examination of the 
immediate area for evidence that the area appears to be sufficiently 
rock-dusted and for the presence of accumulated float coal dust. If the 
rock-dusting appears insufficient or the presence of accumulated float 
coal dust is observed, the equipment will not be energized until 
sufficient rock-dust has been applied and/or the accumulations of float 
coal dust have been cleaned up. If nonpermissible electronic surveying 
equipment is to be used in an area not rock-dusted within 40 feet of a 
working face where a continuous mining machine is used, the area will 
be rocked-dusted prior to energizing the nonpermissible electronic 
surveying equipment.
--All hand-held methane detectors will be MSHA-approved and maintained 
in permissible and proper operating condition, as defined in 30 CFR 
75.320. All methane detectors will provide visual and audible warnings 
when methane is detected at or above 1.0 percent.
--Prior to energizing nonpermissible electronic surveying equipment 
within 150 feet of pillar workings or longwall faces, methane tests 
will be made in accordance with 30 CFR 75.323. Nonpermissible 
electronic surveying equipment will not be used within 150 feet of 
pillar workings or the longwall faces when production is occurring.
--Prior to surveying, the area will be examined, according to 30 CFR 
75.360. If the area has not been examined, a supplemental examination 
according to 30 CFR 75.361 will be performed before any non-certified 
person enters the area.
--A qualified person, as defined in 30 CFR 75.151, will continuously 
monitor for methane immediately before and during the use of 
nonpermissible electronic surveying equipment within 150 feet of pillar 
workings or longwall faces. If there are two people in the surveying 
crew, both persons will continuously monitor for methane. The other 
person will either be a qualified person, as defined in 30 CFR 75.151, 
or be in the process of being trained to be a qualified person but has 
yet to make such tests for period of 6 months as required in 30 CFR 
75.150. Upon completion of the 6-month training period, the second 
person on the surveying crew must become qualified, as defined in 30 
CFR 75.151, in order to continue on the surveying crew. If the 
surveying crew consists of one person, that person will monitor for 
methane with two separate devices.
--Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air more than 150 
feet from pillar workings or longwall faces. Replacement batteries will 
be carried only in the compartment provided for a spare battery in the 
nonpermissible electronic survey equipment carrying case. Before each 
shift of surveying, all batteries for the electronic surveying 
equipment will be charged sufficiently so that they are not expected to 
be replaced on that shift.
--When using nonpermissible electronic surveying equipment within 150 
feet of pillar workings or longwall faces, the surveyor will confirm by 
measurement or by inquiry of the person in charge of the section, that 
the air quantity on the section, on that shift, within 150 feet of 
pillar workings or longwall faces is at least the minimum quantity that 
is required by the mine's ventilation plan.
--Personnel engaged in the use of nonpermissible electronic surveying 
equipment will be properly trained to recognize the hazards and 
limitations associated with the use of such equipment in areas where 
methane could be present.
--All members of the surveying crew will receive specific training 
before using nonpermissible electronic surveying equipment within 150 
feet of pillar workings or longwall faces. A record of the training 
will be kept with the other training records.
--Within 60 days after the proposed decision and order (PDO) becomes 
final, the operator will submit proposed revisions for its approved 30 
CFR part 48 training plans to the District Manager. These revisions 
will specify initial and refresher training regarding the terms and 
conditions of the PDO. When training is conducted on the terms and 
conditions in the PDO, an MSHA Certificate of Training (Form 5000-23) 
will be completed and will indicate that it was surveyor training.
--The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO became final or any total station or other electronic 
surveying equipment identified in the PDO acquired more than 10 years 
prior to the date that the PDO became final. After 5 years, the 
operator will maintain a cycle of purchasing new electronic surveying 
equipment whereby theodolites will be no older than 5 years from date 
of manufacture and total stations and other electronic surveying 
equipment will be no older than 10 years from date of manufacture.
--The operator will ensure that all surveying contractors hired by the 
operator are using nonpermissible electronic surveying equipment in 
accordance with the requirements in the PDO.
--The petitioner states that it may use nonpermissible surveying 
equipment when production is occurring, subject to the following 
conditions:

    (a) On a mechanized mining unit (MMU) where production is 
occurring, nonpermissible electronic surveying equipment will not be 
used downwind

[[Page 66764]]

of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
    (b) Production may continue while nonpermissible electronic 
surveying equipment is used, if the surveying equipment is used in a 
separate split of air from where production is occurring.
    (c) Nonpermissible electronic surveying equipment will not be used 
in a split of air ventilating an MMU if any ventilation controls will 
be disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
    (d) If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
    (e) Any disruption in ventilation will be recorded in the logbook 
required by the PDO. The logbook will include a description of the 
nature of the disruption, the location of the disruption, the date and 
time of the disruption and the date and time the surveyor communicated 
the disruption to the section foreman, the date and time production 
ceased, the date and time ventilation was reestablished, and the date 
and time production resumed.
    (f) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
will receive training in accordance with 30 CFR 48.7 on the 
requirements of the PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
    (g) The operator will provide annual retraining to all personnel 
who will be involved with or affected by surveying operations in 
accordance with 30 CFR 48.8. The operator will train new miners on the 
requirements of the PDO in accordance with 30 CFR 48.5, and will train 
experienced miners, as defined in 30 CFR 48.6, on the requirements of 
the PDO in accordance with 30 CFR 48.6. The operator will keep a record 
of the training and provide the record to MSHA on request.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

Roslyn B. Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-28047 Filed 12-26-18; 8:45 am]
BILLING CODE 4520-43-P