[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5108-5111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02744]


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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 March 22, 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.

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

[[Page 5109]]

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-2018-026-C.
    Petitioner: Castle Valley Mining, LLC, P.O. Box 475, Huntington, 
Utah 84528.
    Mine: Castle Valley Mine No. 3, MSHA I.D. No. 42-02263 and Castle 
Valley Mine No. 4, MSHA I.D. No. 42-02335, located in Emery County, 
Utah.
    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 an alternate method of compliance to allow 
the use of low voltage battery-powered nonpermissible electronic 
surveying equipment, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance 
meters, and data loggers, in return airways.
    The petitioner states that:
    (1) To comply with the requirements of 30 CFR 75.372 and 75.1200, 
use of the most practical and accurate surveying equipment is 
necessary.
    (2) Underground mining, by its nature and the size and complexity 
of mine plans, requires that accurate and precise measurements be 
completed in a prompt and efficient manner.
    (3) The petitioner will use the following total station and similar 
low voltage battery-operated total stations if they have an ingress 
protection (IP) rating of 66 or greater in return airways subject to 
the conditions in the Proposed Decision and Order (PDO):
    --Sokkia Electronic Total Station Model CX-103.
    (4) Nonpermissible electronic surveying equipment will only be used 
until equivalent permissible electronic surveying equipment is 
available.
    (5) The operator will maintain a logbook for nonpermissible 
electronic surveying equipment with the equipment, or 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 particular piece of electronic 
surveying equipment. The logbook will be made available to MSHA on 
request.
    (6) All nonpermissible electronic surveying equipment to be used in 
the return airways will be examined by the person operating the 
equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. These 
examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    The results of the examinations will be recorded in the logbook.
    (7) 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 at least 1 year from the date of entry.
    (8) 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 log 
book and will include a description of the work performed.
    (9) Nonpermissible electronic surveying equipment that will be used 
in return airways 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 conditions of the PDO.
    (10) 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 of methane is detected while the equipment is being 
used, the equipment will be de-energized immediately and withdrawn out 
of the return airways. All the requirements of 30 CFR 75.323 will be 
complied with prior to entering the return airways.
    (11) 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 
nonpermissible electronic surveying 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 to extract coal, 
the area will be rocked-dusted prior to energizing the nonpermissible 
electronic surveying equipment.
    (12) 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.
    (13) Prior to energizing the nonpermissible electronic surveying 
equipment in return airways, methane tests will be made in accordance 
with 30 CFR 75.323.
    (14) Prior to surveying, all areas to be surveyed 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.
    (15) 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, 
outby 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-month training period, the second 
person on the surveying crew must become qualified, as defined in 30 
CFR 75.151, to continue on the surveying crew. If the surveying crew 
consists of one person, that person will monitor for methane with two 
separate devices.
    (16) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in intake air out of the 
return airways. Replacement batteries will be carried only in the 
compartment provided for a spare battery in the

[[Page 5110]]

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.
    (17) When using nonpermissible electronic surveying equipment in 
return airways outby 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.
    (18) 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.
    (19) All members of the surveying crew will receive specific 
training on the terms and conditions of the PDO before using 
nonpermissible electronic surveying equipment in return airways. A 
record of the training will be kept with the other training records.
    (20) Within 60 days after the 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.
    (21) 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. The operator will replace 
or retire from service any electronic surveying instrument that was 
acquired between January 1, 2005 and December 31, 2010 within 2 years 
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 
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 that 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.
    (22) 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.
    (23) 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 or curtains, where coal is being mined.
    (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 will 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 
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 application of existing standard will 
result in a diminution of safety to the miners and 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-2018-027-C.
    Petitioner: Spartan Mining Company, #10 Hale Street, 4th Floor, 
Charleston, West Virginia 25301.
    Mine: Road Fork No. 52 Mine, MSHA I.D. No. 46-09522, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the length of trailing cables to be 
increased for the feeder and continuous mining machines as the 
equipment is trammed in and out of the petitioner's mine and at other 
times throughout the mine when the equipment is operating in a non-
producing function.
    (1) The petitioner seeks to extend the length of the continuous 
mining machine cable up to 2,000 feet with \1/0\ American Wire Gauge 
(AWG) or larger copper cable.
    (2) When the cable length is extended beyond the requirements in 30 
CFR 75.503, the petitioner will only operate the continuous mining 
machine in tram mode up and down the slope and throughout the mine in 
non-production activities, such as moving the continuous mining machine 
from one area of the mine to another.
    (3) With the extended cable, only the tram motor on the continuous 
mining machine will be operated. No other motor on the machine will be 
energized while the extended cable is installed.
    (4) The petitioner states that extending the continuous mining 
machine cable for tramming will allow the petitioner to tram the 
continuous mining machine longer distances and handle the cable less 
often. While

[[Page 5111]]

tramming the continuous mining machine up and down the slope, the 
extended cable will allow the petitioner to use the power supply at the 
top and bottom of the slope and eliminate the need for a move box. The 
petitioner states that, given the width of the slope, the elimination 
of the move box will reduce the likelihood of an accident.
    (5) An electrical engineering study was conducted and has 
demonstrated that the continuous mining machine cable can be safely 
extended.
    (6) The petitioner seeks to extend the length of the feeder cable 
up to 2,000 feet with No. 2 AWG or larger copper cable.
    (7) When the cable length is extended beyond the requirements set 
forth in 30 CFR 75.503, the petitioner will only operate the feeder in 
tram mode up and down the slope and throughout the mine in non-
production activities, such as moving the feeder from one location in 
the mine to another.
    (8) The petitioner states that extending the feeder cable for 
tramming will allow the petitioner to tram the feeder longer distances 
and handle the cable less often. While tramming the feeder up and down 
the slope, the extended cable will allow the petitioner to use the 
power supply at the top and bottom of the slope and eliminate the need 
for a move box. The petitioner states that, given the width of the 
slope, elimination of the move box will reduce the likelihood of an 
accident.
    (9) An electrical engineering study was conducted and has 
demonstrated that the feeder cable can be safely extended.
    (10) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved 30 CFR part 48 training plan to the District Manager. These 
proposed revisions will include initial and refresher training 
regarding compliance with the terms and conditions in the PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-02744 Filed 2-19-19; 8:45 am]
 BILLING CODE 4520-43-P