[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47404-47417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17017]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions 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 6 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 September 4, 
2020.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [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: Roslyn B. Fontaine, Deputy 
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 copies of the petition 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: Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9557 (voice), [email protected] (email), or 202-693-9441 (facsimile). [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

[[Page 47405]]

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, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2020-008-C.
    Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport, 
West Virginia 26330.
    Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including total station surveying equipment, distance meters, 
theodolites, and data loggers, in or inby the last open crosscut.
    The petitioner states that:
    (a) The Longview mine will utilize room and pillar and longwall 
coal mining methods.
    (b) Coal extraction will be at an average mining height of 6.5 
feet; at the Longview Portal, the coal seam will be 880 feet below the 
surface. It will be ventilated by a 16-foot diameter intake air shaft 
and fan at the portal site. A 24-foot combination return and hoist 
divided shaft will be used for exhaust air and personnel access through 
a 5-ton rated hoist and cage.
    (c) Coal will be transported from the seam to the surface using a 
72-inch mine conveyor.
    (d) To support mining operations, specifically for accurately 
locating entries, bore holes, gas wells, and other features, mine 
surveying will be used. Surveying technology such as total stations and 
theodolites have advanced greatly in recent years, allowing for 
increased accuracy and precision for calculating distances and angles. 
These new surveying systems are not currently MSHA-certified and do not 
meet the requirements of 30 CFR 75.500(d). For this equipment to be 
employed in the Longview mine, the mine operator has submitted this 
petition for modification of 30 CFR 75.500(d).
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The operator proposes to use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in or inby the last open crosscut, subject to this petition:

(1) Sokkia Electronic Total Station Model SET 350RX-3
(2) Sokkia Electronic Total Station Model SET 350R
(3) Sokkia Electronic Total Station Model SETS 50 RX
(4) Sokkia Electronic Total Station Model SET-300
(5) Sokkia Compact X-ellence Station CX
(6) Sokkia Compact X-ellence Station CX-60
(7) Sokkia Intelligence Measurement Station iM-100
(8) Sokkia SHC250 Data Collector
(9) Topcon Electronic Total Station Model GTS-225
(10) Topcon Electronic Total Station Model GTS-300W
(11) Topcon Digital Theodolite Model DT-270L
(12) Topcon Digital Theodolite Model DT-209L
(13) Topcon Electronic Total Station Model GTS-301D
(14) Topcon Electronic Total Station Model GTS-235W
(15) Topcon Electronic Total Station Model GM-50
(16) Topcon Electronic Total Station Model GM-100
(17) Topcon FC-5000 Handheld Controller
(18) Topcon FC-500 Handheld Controller

    (b) The survey equipment will only be used if the equipment has an 
IP 66 rating or higher when available, if such a rating is not 
available then the highest IP rating available will be used. If the 
equipment contains lithium batteries, they will meet the lithium 
battery safety standard UL 1642 or IEC 62133.
    (c) A record of the equipment will be kept on mine property in 
either a secure book or electronically in a secure computer where the 
records will not be alterable. The record will contain: The date of 
manufacture and/or the purchase information of each piece of survey 
equipment; proof of compliance with lithium battery standards; the 
original equipment manufacturers' user and maintenance manuals. These 
records will be available to the Authorized Representatives of the 
Secretary and miners at the mine.
    (d) Survey equipment will be examined by a qualified person, as in 
30 CFR 75.153, before the equipment is taken underground to ensure safe 
operating conditions. The minimum requirements of the examination by a 
qualified person are the following:
    (1) Check the equipment for physical damage and the integrity of 
the case;
    (2) Remove the battery and check for corrosion, if removable;
    (3) Inspect the contact points to ensure a secure connection to the 
battery, if removable;
    (4) Reinsert the battery, power up and shut down to ensure proper 
connections, if accessible;
    (5) Check the battery compartment cover or battery attachment to 
ensure that it is securely fastened; and
    (6) For equipment utilizing lithium cells, the cells will be 
inspected to ensure they are not damaged or swelled in size.
    (7) The results of the examinations will be recorded.
    (e) A qualified person, as in 30 CFR 75.512-2, will examine the 
equipment weekly and record the results. Records will be expunged after 
one year.
    (f) The equipment will be serviced per the manufacturers' 
recommendation, dates of service and a description of the work 
performed will be recorded.
    (g) 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. Batteries will not be removed to de-energize equipment due to 
the possibility of accidental short-circuiting. All requirements of 30 
CFR 75.323 will be complied with prior to entering in or inby the last 
open crosscut.
    (h) A qualified person, as in 30 CFR 75.100, will conduct a visual 
examination of the location that the survey equipment will be used in 
before the equipment is taken into or energized in that area. The 
visual examination will include: Evidence that the area is properly 
rock dusted and whether there is an accumulation of combustible 
material (such as float coal dust). If float coal dust is observed in 
suspension then the equipment cannot be energized until sufficient rock 
dusting has been applied and/or the combustible material has been 
cleaned up or removed.
    (i) A methane test will be made at least 12 inches from the roof, 
face, ribs, and floor (as set out by 30 CFR 75.323)

[[Page 47406]]

before energizing equipment in the subject area.
    (j) Hand-held methane detectors will be MSHA-approved as set forth 
by 30 CFR 75.320. Measurement devices will be calibrated or bump tested 
before each shift to ensure that they function properly. Methane 
detectors will provide visual and audible warnings when methane is 
detected above 1.0 percent.
    (k) As required by 30 CFR 75.360, the subject area must be pre-
shift examined before using surveying equipment. If not examined pre-
shift, a supplemental examination will be conducted (as in 30 CFR 
75.361) before a noncertified person enters the subject area.
    (l) A qualified person must confirm, either by measurement or 
inquiry of the certified person in charge of the section, that the air 
quantity meets the minimum quantity required by the mine's approved 
ventilation plan.
    (m) Methane will be continuously monitored before and during the 
use of equipment in the subject area by a qualified person.
    (n) Batteries must be ``changed out'' in the intake area and no 
work will be performed on the equipment listed in the petition while in 
the subject area. Replacement batteries will not be brought into the 
subject area; all batteries for equipment listed will be charged and 
protected (using equipment carrying cases or in the equipment) during 
each entry into the mine.
    (o) The following maintenance and use conditions are required for 
lithium batteries:
    (1) The battery pack will not be disassembled or modified by anyone 
other than permitted by the manufacturer of the equipment.
    (2) The battery pack will only be charged using the original 
equipment manufacturer's recommended charger.
    (3) The battery will not be exposed to water or allowed to get wet; 
not precluding incidental exposure of sealed battery packs.
    (4) The battery will not be placed in direct sunlight or used or 
stored near a source of heat.
    (5) The battery will not be used at the end of its life cycle (when 
there is a performance decrease of greater than 20% in battery operated 
equipment).
    (6) The battery will be properly disposed of.
    (p) Personnel using the equipment will be qualified, as in 30 CFR 
75.153, and trained according to the manufacturer's recommended safe 
use procedures, including recognizing hazards associated with using 
equipment where methane could be present.
    (q) The above non-permissible survey equipment will be used when 
production is occurring, if the following conditions are met:
    (1) 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.
    (2) Production will continue while nonpermissible electronic 
surveying equipment is used, if such equipment is used in a separate 
split of air from where production is occurring, or the surveying 
equipment is upwind of the production equipment.
    (3) 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.
    (4) 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 
will 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.
    (5) 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 petition. 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.
    (6) 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 petition in accordance with 30 CFR 48.5, and will 
train experienced miners, as defined in 30 CFR 48.6, on the 
requirements of the petition in accordance with 30 CFR 48.6. The 
operator will keep a record of the training and provide the record to 
MSHA personnel on request.
    (r) 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-2020-009-C.
    Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport, 
West Virginia 26330.
    Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour 
County, West Virginia.
    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 
testing and diagnostic equipment, in or inby the last open crosscut.
    The petitioner states that:
    (a) The Longview mine will utilize room and pillar and longwall 
coal mining methods.
    (b) Coal extraction will be at an average mining height of 6.5 
feet; at the Longview Portal, the coal seam will be 880 feet below the 
surface. It will be ventilated by a 16-foot diameter intake air shaft 
and fan at the portal site. A 24-foot combination return and hoist 
shaft will be used for exhaust air and personnel access through a 5-ton 
rated hoist and cage.
    (c) Coal will be transported from the seam to the top of the slope 
using a 72-inch mine conveyor.
    (d) To support mining, electrical testing and diagnostic equipment 
is necessary. Modern mining equipment includes programmable logic 
controllers which use digital signals from machine sensors to govern 
machine systems. To troubleshoot such modern systems, as required by 30 
CFR 75.503, certain electronic tools are needed such as electronic 
tachometers. This electronic equipment includes: Laptop computers to 
communicate with machine control systems; vibration, temperature, and 
electronic tachometers to support preventative and predictive 
maintenance to identify hazards; cable fault detectors and insulation 
testers (meggers), which identify and locate insulation failures in 
trailing cables, electric motors, and control cables with power 
removed; oscilloscopes to view machine control and communication 
signals for proper wave forms frequency and amplitude, removing 
improper control signals that can create hazards to mine personnel; 
voltage, current, resistance, and power test meters for troubleshooting 
that mining machines and systems are properly functioning. These 
electronic systems are not currently MSHA-certified and do not meet the 
requirements of 30 CFR

[[Page 47407]]

75.500(d). For this equipment to be employed in the Longview mine, the 
mine operator has submitted this petition for modification of 30 CFR 
75.500(d).
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner proposes using the following testing and 
diagnostic equipment inby the last open crosscut: Laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, insulation 
testers (meggers), voltage, current, resistance meters, power testers, 
and electronic tachometers. Other testing and diagnostic equipment 
would also be used if approved in advance by MSHA's District Manager. 
The petitioner will use more than one piece of testing equipment at the 
same time.
    (b) The petition excludes MSHA's already approved list of 
permissible electronic testing and diagnostic equipment.
    (c) The testing or diagnostic equipment will only be used:
    (1) Until equal MSHA-approved permissible electronic testing and 
diagnostic equipment is available.
    (2) When commercially available, the operator must use equipment 
that meets IEC 60079-11 or the ANSI/UL 60079-11 for two-fault IS 
(marked ia), one-fault IS (marked ib), or no-fault IS (marked ic) in 
that order of preference. The equipment must have an IP 66 rating or 
higher when available; if IP 66 is not available, the highest available 
IP rating available will be used.
    (3) If any of the equipment uses lithium batteries, they must meet 
lithium battery safety standards UL1642, IEC 62133, or current equal 
standards.
    (d) A record of the equipment will be kept on mine property in 
either a secure book or electronically in a secure computer where the 
records will not be alterable. The record will contain: The date of 
manufacture and/or the purchase information of each piece of equipment; 
proof of compliance with lithium battery standards; the original 
equipment manufacturers' user and maintenance manuals. These records 
will be available to the Authorized Representatives of the Secretary 
and miners at the mine.
    (e) Testing or diagnostic equipment will be examined by a qualified 
person, as in 30 CFR 75.153, before the equipment is taken underground 
to ensure safe operating conditions. The minimum requirements of the 
examination by a qualified person are the following:
    (1) Check the instrument for physical damage and the integrity of 
the case;
    (2) Check that the battery compartment cover or attachment is 
securely fastened if equipped; and
    (3) For equipment utilizing lithium cells, the cells will be 
inspected to ensure they are not damaged or swelled in size.
    (4) The results of the examinations will be recorded.
    (f) A qualified person, as in 30 CFR 75.512-2, will examine the 
equipment weekly and record the results. Records will be expunged after 
one year.
    (g) The equipment will be serviced per the manufacturers' 
recommendation, dates of service and a description of the work 
performed will be recorded.
    (h) 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. Batteries will not be removed to de-energize equipment due to 
the possibility of accidental short-circuiting. All requirements of 30 
CFR 75.323 will be complied with prior to entering in or inby the last 
open crosscut.
    (i) A qualified person, as in 30 CFR 75.100, will conduct a visual 
examination of the location that the testing equipment will be used in 
before the equipment is taken into or energized in that area. The 
visual examination will include: Evidence that the area is properly 
rock dusted and whether there is an accumulation of combustible 
material (such as float coal dust). If float coal dust is observed in 
suspension then the equipment will not be energized until sufficient 
rock dusting has been applied and/or the combustible material has been 
cleaned up or removed.
    (j) All hand-held methane detectors will be MSHA-approved as set 
forth by 30 CFR 75.320. Measurement devices will be calibrated or bump 
tested before each shift to ensure that they function properly. Methane 
detectors will provide visual and audible warnings when methane is 
detected above 1.0 percent.
    (k) Methane tests will be made at least 12 inches from the roof, 
face, ribs and floor, as in 30 CFR 75.323(a), before energizing 
equipment in the subject area.
    (l) As required by 30 CFR 75.360, the subject area will be pre-
shift examined before using equipment. If not examined pre-shift, a 
supplemental examination will be conducted (as in 30 CFR 75.361) before 
a noncertified person enters the subject area.
    (m) A qualified person will confirm, either by measurement or 
inquiry of the certified person in charge of the section, that the air 
quantity for that shift meets the minimum quantity required by the 
mine's approved ventilation plan before using any testing or diagnostic 
equipment.
    (n) A qualified person will continuously monitor methane 
immediately before and during use of testing and diagnostic equipment 
in the area. Monitoring will be conducted using a hand-held methane 
detector, positioned in locations with the best possibility of 
detecting hazardous gas in the area where equipment is being used; a 
qualified person will be with the equipment while it is in use.
    (o) Batteries must be ``changed out'' in intake area and no work 
will be conducted on the equipment while in the subject area. 
Replacement batteries will not be brought into the subject area; all 
batteries for equipment listed will be charged and protected (using 
equipment carrying cases or in the equipment) each entry into the mine.
    (p) The following maintenance and use conditions will apply to 
lithium batteries:
    (1) The battery pack will not be disassembled or modified by anyone 
other than permitted by the manufacturer of the equipment.
    (2) The battery pack will only be charged using the original 
equipment manufacturer's recommended charger.
    (3) The battery will not be exposed to water or allowed to get wet; 
not precluding incidental exposure of sealed battery packs.
    (4) The battery will not be placed in direct sunlight or used or 
stored near a source of heat.
    (5) The battery will not be used at the end of its life cycle (when 
there is a performance decrease of greater than 20% in battery operated 
equipment).
    (6) The battery will be properly disposed.
    (q) Personnel using the equipment will be qualified, as in 30 CFR 
75.153, and trained according to the manufacturer's recommended safe 
use procedures, including recognizing hazards associated with using 
equipment where methane could be present.
    (r) All qualified persons and miners affected by this petition will 
receive specific training on the conditions of this petition before 
using testing and diagnostic equipment in the subject area. A record of 
training will be: Maintained, provided upon request by an Authorized 
Representative of the Secretary, documented on a MSHA Certificate of 
Training form (form 5000-

[[Page 47408]]

23); a notation will be included on the certificate of training to 
indicate that it was for non-permissible testing equipment.
    (s) Testing or diagnostic equipment will not be used when coal 
production is occurring on the MMU and all mining on the MMU will stop 
before use of testing or diagnostic equipment in the subject area. If 
troubleshooting or testing without power, the petitioner will de-
energize, lock, and tag-out the circuit on the equipment. Personal 
protective equipment (like electrically rated gloves), will be worn 
when troubleshooting or testing energized low and medium voltage 
circuits. Once the issue is determined, before performing electrical 
work, petitioners will open the circuit breaker, disconnect, and lock-
out and tag-out the visual disconnect device. High voltage circuits 
will be grounded before conducting repairs.
    (t) 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-2020-010-C.
    Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport, 
West Virginia 26330.
    Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.1700, as it relates to vertical oil and 
gas wells at the Longview mine. The operator is petitioning in order to 
mine through existing wells as they are met.
    The petitioner states that:
    (a) The Longview mine will utilize room and pillar and longwall 
coal mining methods.
    (b) Coal extraction will be at an average mining height of 6.5 
feet; at the Longview Portal, the coal seam will be 880 feet below the 
surface. It will be ventilated by a 16-foot diameter intake air shaft 
and fan at the portal site. A 24-foot combination return and hoist 
divided shaft will be used for exhaust air and personnel access through 
a 5-ton rated hoist and cage.
    (c) Coal will be transported from the seam to the surface using a 
72-inch mine conveyor.
    (d) In order to efficiently develop and mine the reserve, the 
petitioner is planning to mine through conventional vertical and coal 
bed methane (CBM) wells, instead of utilizing the 300' barrier that is 
required by 30 CFR 75.1700, by cleaning out, preparing, plugging, and/
or re-plugging each well and follow safety precautions as outlined 
below. CBM wells are drilled from the surface to develop horizontal 
branches within the coal seam; multiple branches can be developed from 
a single well and multiple seams from a single well. The proprietary 
drilling process is generically known as surface directional drilled 
(SDD) wells.
    (e) In the Longview mine, there are approximately 194 conventional 
or CBM wells. 116 are active, 19 are abandoned, and 59 are plugged. 
There are 4 CBM wells, 5 horizontal wells, and 185 vertical wells 
restricting Longview mining operations. The petitioner proposes to 
address potential hazards to miners, presented by CBM wells, through 
plugging procedures, water infusion, ventilation methods, and other 
safety precautions.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The following are proposed for safety barriers:
    (1) A safety barrier will be constructed and maintained around each 
conventional vertical oil and gas wells (active, inactive, abandoned, 
shut-in, and previously plugged wells, including water injections 
wells) until mining is allowed to continue by the district manager. The 
safety barrier will be 300 feet in diameter and 150 feet between a 
mined area and conventional vertical well. The petitioner will request 
a permit to lower the 300-foot safety barrier if the operator's planned 
mining operations will not intersect a well but will mine within the 
300-foot barrier.
    (2) There is a probability of error of location due to estimated 
location systems, which depending on the equipment and techniques are 
accurate to within one or two degrees. Probability of error is 
dependent on a cone described by the accuracy of angular measurements 
around the hole. Other errors include: Underground survey errors, 
surface survey errors, and random survey errors.
    (3) The minimum working barrier surrounding a coalbed methane well 
or any branches of a coalbed methane well will be 50 feet plus the 
probable error of location. 50 feet is considered by the petitioner to 
be a reasonable distance between the well and mining operations.
    (4) The petitioner will provide the district manager with a sworn 
affidavit or declaration by a company official (accompanied by logs and 
records requested) that procedures for cleaning out, preparing, and 
plugging oil or gas wells have been done according to the terms and 
condition of this petition, before mining within the safety barrier 
around the well.
    (b) Proposed procedures for cleaning out, preparing, plugging, and 
replugging oil or gas wells:
    (1) For preparing conventional vertical oil and gas wells before 
plugging or replugging:
    (i) The petitioner will completely clean out the well from the 
surface to at least 200 feet below the base of the lowest mineable coal 
seam, removing material from the well (wall to wall).
    (ii) Down-hole logs will be prepared for each well consisting of 
caliper survey logs suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon producing strata 
and the location for the bridge plug. A journal will be kept describing 
the depth and nature of materials encountered, the bit size and type 
used to drill each portion of the hole; the length and type of material 
for plugging the well, the length of casing removed, perforated or 
ripped or left in place, any sections where casing was cut or milled, 
or any other information for cleaning and sealing the well. Invoices, 
work-orders, and other related records will be maintained and available 
to MSHA at request.
    (iii) When cleaning out the well, a diligent effort will be made to 
remove all the casing in the well, but if it is not possible then the 
petitioner will make sure that the annulus between the casing and well 
walls are filled with expanding cement (at a minimum 0.5% expansion 
upon setting) with no voids. If the casing cannot be removed, it will 
be cut or milled at all mineable coal seam levels. Remaining casing 
will be perforated or ripped every 50 feet from 200 feet below the base 
of the lowest mineable coal seam and up to 100 feet above the uppermost 
part of the mineable coal seam. If the petitioner, using a casing bond, 
can demonstrate the annuli in the wells are adequately sealed with 
cement, the petitioner will not perforate or rip casing for that well. 
If there are multiple casing and tubing strings present in the coal 
horizon(s), remaining casing can be ripped or perforated and filled 
with expanding cement, as directed above. An acceptable casing bond log 
for each casing and tubing string will be provided if used instead of 
ripping or perforating multiple strings.
    (iv) If the cleaned-out well is emitting excessive gas, a 
mechanical bridge plug will be placed in the well in a competent 
stratum at least 200 feet below the base of the lowest mineable coal 
seam, but above the top of the uppermost hydrocarbon-producing

[[Page 47409]]

stratum. If this is not possible, a properly sized packer will be used.
    (v) If the uppermost hydrocarbon-producing stratum is within 300 
feet of the base of the lowest minable coal seam, the properly placed 
mechanical bridge plugs, described in subparagraph (b)(1)(iv) above, 
will be used to isolate the hydrocarbon-producing stratum from the 
expanding cement plug. Nonetheless, a minimum of 200 feet of expanding 
cement will be placed below the lowest mineable coal seam.
    (2) For plugging or replugging conventional vertical oil or gas 
wells to the surface: A cement plug will be set by pumping an expanding 
cement slurry down the well from at least 200 feet below the base of 
the lowest mineable coal seam under 200 pounds per square inch of 
pressure, using Portland cement or another lightweight cement to fill 
from 100 feet above the top of the uppermost mineable coal seam to the 
surface; steel turnings or small magnetic particles will be embedded in 
the top of the cement near the surface as a permanent magnetic monument 
of the well, or alternatively, a 4.5 inch or larger casing set in 
cement will be extended 36 inches above ground level with the API well 
number engraved or welded on the casing (if not marked physically, 
high-resolution GPS coordinates will be provided).
    (3) For plugging or replugging conventional vertical oil and gas 
wells for use as degasification boreholes:
    (i) A cement plug will be set in the well by pumping an expanding 
cement slurry down the tubing to provide at least 200 feet of expanding 
cement below the lowest mineable coal seam under 200 pounds per square 
inch of pressure. The top of the expanding cement will extend above the 
coal seam being mined by at least 30 feet.
    (ii) The bedrock will be grouted into the upper part of the 
degasification well to protect it and the remainder will be cased or 
uncased.
    (iii) The top of the degasification casing will be fitted with a 
wellhead. Such equipment will include check valves, shut-in valves, 
sampling ports, flame arrestor equipment, and security fencing.
    (iv) The ventilation plan will address the operation of the 
degasification well, including periodic methane tests and limits on the 
extraction of methane concentrations.
    (v) After the part of the coal mine that has been degassed by a 
well is sealed or if the coal mine is abandoned, degassed holes will be 
sealed by: Inserting a tube to the bottom of the hole (if not possible 
then not greater than 100 feet above the mined seam) and removing any 
blockage. A cement plug will be set in the well by pumping Portland 
cement or another lightweight cement mixture down the tubing until the 
well is filled to the surface; steel turnings or small magnetic 
particles will be embedded in the top of the cement near the surface to 
serve as a permanent magnetic monument for the well, alternatively a 
4.5 inch or larger casing, set in cement, will be extended 36 inches 
above ground level with the API well number engraved or welded on the 
casing (if not marked physically, a high-resolution GPS coordinates 
will be provided).
    (4) An alternative to preparing and plugging or replugging 
conventional vertical oil or gas wells:
    (i) The below provisions apply to wells that cannot be cleaned out 
because of damage, caused by subsidence, caving, or other factors.
    (ii) A hole will be drilled adjacent and parallel to the well to a 
depth of at least 200 feet below the lowest mineable coal seam.
    (iii) A geophysical sensing device will be used to locate casings 
remaining in the well.
    (iv) If there are casing(s) present in the well, the petitioner 
will access the well from a parallel hole, the peitioner will perforate 
or rip all casings at intervals of at least 5 feet, from 10 feet below 
the coal seam to 10 feet above the coal seam. After that, the 
petitioner will perforate or rip at least every 50 feet from 200 feet 
below the base of the lowest mineable coal seam up to 100 feet above 
the seam mined. The annulus between casings and the well wall will be 
filled with expanding cement (at a minimum 0.5% expansion upon 
setting), with no voids. If the petitioner, using a casing bond, can 
demonstrate that the annulus of the well is adequately sealed with 
cement, the petitioner will not perforate or rip casing for that well. 
When there are multiple casings and tubing strings in the coal horizon, 
remaining casing will be ripped or perforated and filled with expanding 
cement. A casing bond log for casing and tubing string will be used 
instead of ripping or perforating multiple strings.
    (v) If there is not enough casing in the well, a horizontal 
hydraulic fracturing technique can be used to intercept the original 
well. The petitioner will fracture at least six places at intervals 
agreed on with the district manager after taking into account 
geological strata and well pressure. These fractures will be from at 
least 200 feet below the base of the lowest mineable coal seam to at 
least 50 feet above the seam mined. Expanding cement will be pumped 
into the fractured well to intercept voids.
    (vi) Down-hole logs will be prepared for each well consisting of a 
caliper survey and log(s) suitable for determining the top, bottom, and 
thickness of coal seams and the potential hydrocarbon-producing strata 
and the location for the bridge plug. Logs can be obtained from an 
adjacent hole if the conditions of the well makes it impractical to 
insert the equipment necessary to obtain the log. Down hole camera 
surveys will be used instead of down-hole logs if the logs are not 
suitable for obtaining the data or are impractical to obtain, due to 
the condition of the drill hole. A journal will be kept describing the 
depth and nature of materials encountered, the bit size and type used 
to drill each portion of the hole, the length and type of materials for 
plugging the well, the length of casing removed, perforated, ripped, or 
left in place, and other information concerning sealing the well. 
Invoices, work-orders, and other related records will be maintained and 
available to MSHA at request.
    (vii) Once the well has been plugged, the petitioner will use 
Portland cement or another lightweight cement mixture to plug open 
portions of both holes from the bottom to the surface. The petitioner 
will embed steel turnings or small magnetic particles in the top of the 
cement near the top of the surface as a permanent magnetic monument of 
the well, alternatively a 4.5 inch or larger casing, set in cement, 
will be extended 36 inches above ground level with the API well number 
engraved or welded on the casing.
    (5) The petitioner proposes the following procedures for plugging 
or replugging SDD wells:
    (i) Approved methods will be completed on each SDD well before 
mining near the minimum working barrier around the well; if methane 
leakage is an issue during retreat mining, the minimum working barrier 
must be maintained around wells for a safe intersection.
    (ii) Cement plugs will be used to fill the SDD hole system using 
squeeze cementing due to the lack of tubing. Cement will be used to 
eliminate methane leakage. After the cement has cured, the SDD system 
will be intersected multiple times without additional hole preparation. 
Gas cutting will occur if the cement placement pressure is less than 
the methane pressure. If done, gas will bubble out of the seam into the 
unset cement creating pressurized voids or interconnected pressurized 
voids. Water cutting occurs when water in the hole enters unset cement. 
Standing water will be bailed out of the hole or driven into the

[[Page 47410]]

formation with compressed gas to lessen water cutting. Cement pressure 
must be kept higher than the formation pressure until its sets to avoid 
water and gas cutting. Because of the amount of cement and potential 
problems, pumping units with back-up capacity will be used. Additives 
such as retarders, lightweight extenders, viscosity modifiers, 
thixotropic modifiers, and fly ash will be added to the cement mix. The 
volume of the cement pumped will exceed the hole volume to fill voids. 
Safety Data Sheets for all materials, cements, additives, components of 
protective equipment, and techniques protecting workers from potential 
harm from cement (along with cement components) will be kept in records 
at the mine office along with records of the mixes, materials, 
pressures, flow rates and times for each plugged hole.
    (iii) SDD holes plugged before mining will have appropriate 
documentation of the cement plugging.
    (iv) Polymer gels will be pumped into the SDD system; they start as 
low viscosity, water-based mixtures of organic polymers that are 
crosslinked using time-delayed activators to create water-insoluble, 
high viscosity gel after being pumped into the SDD system. Although 
polymer gel never solidify, the activated gel should develop sufficient 
strength to resist gas flow. Such gel suitable for treating SDD wells 
for mine intersection will reliably fill the SDD system and prevent 
gas-filled voids.
    (v) These gels will be resistant to bacteria and chemical 
degradation and will stay stable throughout the mining of an SDD 
system. The following are considerations for polymer gels: (1) Water 
can dilute the gel, making it unable to set to the applicable strength. 
Water will be removed from holes before gel is injected, which will be 
accomplished through bailing and injecting compressed gas to push water 
that is in low spots into formation. This process of gas pressurization 
will continue until the hole is dry. Dissolved salts in the formation 
waters can also pose a potential problem because they can interfere 
with the cross-linking reactions using gels. (2) The equipment to mix 
and pump gels will be able to fill the hole before the gel sets and 
backup units will be on hand in case issues arise. The volume of gel 
pumped will exceed estimated hole volume to make sure voids are filled 
and for gel to infiltrate joints surrounding the hole. To reduce the 
potential for inundation of gel, the level will be close to the level 
of the coal seam and the rest of the hole will be open to atmosphere 
until mining in the SDD system vicinity is completed. To isolate 
portions of the SDD system, packers will be used. (3) Safety Data 
Sheets will be maintained in the mine office for all gel components, 
and any protective equipment, and techniques used to protect miners 
from harmful effects of the gel (or gel components). A record of hole 
volume, gel quantities, gel formation, pump pressures, and flow rates 
and times will also be kept for holes treated with gel.
    (vi) Bentonite gel will be injected into the SDD system to 
infiltrate the cleat and butt joints of the coal seam near the well 
bore to seal conduits against the flow of methane by filling and 
sealing the borehole. Bentonite gel is a thixotropic fluid that sets 
when it stops moving. Bentonite gel has a significantly lower viscosity 
than polymer gel. While the gels seal the borehole, lower strength 
bentonite gel will penetrate fractures and jointing in the coal seem to 
be effective. Bentonite gel will only be used for depleted CBM 
applications with low abandonment pressure and a limited recharge 
potential. The following are procedures for using this gel: (1) A slug 
of water is injected before using bentonite gel to lessen moisture-
loss, the volume of gel injected should exceed the estimated hole 
volume to make sure that the gel accesses the joints in the coal seam 
around the hole. Additives will be needed to change viscosity, lessen 
filtrates, reduce surface tension, and increase sealing of cracks and 
joints. The level of the gel should approximate the elevation of the 
coal seam and the rest of the hole should be open to atmosphere. (2) If 
a water column is used to pressure gel, it will be taken out to the 
coal seam elevation before intersection occurs. (3) The Safety Data 
Sheets for all gel or protective equipment and techniques to protect 
workers from the potentially harmful effects of the gel and additives 
must be maintained at the office. A record of the hole preparation, gel 
quantities, gel formulation, pump pressures, and flow rates will be 
kept for each hole that is treated by bentonite gel.
    (vii) To facilitate the safe intersection of a hole near a coal 
mine, the technique of reducing pressure to less than atmospheric 
pressure (using a vacuum blower connected to the wellhead) will be 
used. Negative pressure in the hole limits the amount of methane 
released into higher-pressure mine atmosphere. If the intersection is 
near the end of the horizontal branch of the SDD system, air will go 
into the upstream side of the hole and be reduced through a surface 
blower. On the downstream side of the intersection, if the hole length 
is short, ventilation will dilute methane to safe levels. Intersection 
near the bottom of the vertical hole will not be possible because of 
the difficulty of diluting methane released. The rate of methane 
emissions is directly related to the length of the open hole. Vacuum 
systems will be limited due to caving or water collected in the SDD 
system. The methane liberation rate of coal formation around the well 
is an important factor for the success of vacuum systems. This 
technique is more likely to be successful in more depleted wells with 
lower methane emissions.
    (viii) To reduce methane inflow after intersection, packers will be 
used. All packers on the downstream side must have a center pipe to 
inject water and measure methane pressure, subsequent intersections 
will not be completed if pressure in a packer-sealed hole is too high. 
Alternatively, methane from the downstream hole can be piped to an in-
mine degas system to safely transport methane away from the mine or to 
pipe to the return air course for dilution. In-mine methane piping 
should be protected, as required by ``Piping Methane in Underground 
Coal Mines'' (MSHA IR 1094, 1978). Protected methane diffusion zones 
will be established in return air courses, if needed.
    (ix) Water infusion prior to intersecting the well will temporarily 
limit methane flow. Water infusion will also help control coal dust 
levels during mining. High water infusion pressures will be obtained 
prior to the initial intersection by the hydraulic head resulting from 
the hole depth or by pumping.
    (x) Water infusion pressure is limited by leakage around in-mine 
packers and issues with the water distribution system; the water level 
in the hole should be lowered to that of the coal seam elevation if 
infusing before the initial intersection.
    (xi) Negative pressures applied to the system, methane release, use 
of packers, and any water infusion pressures and application time will 
all be recorded and kept for each intersection.
    (xii) If there are issues during a safe intersection, then remedial 
actions will be taken to counteract those issues.
    (xiii) If problems are encountered in preparing the holes for safe 
intersection, then remedial measures must be taken to protect the 
miners. For example: If only one-half of the calculated volume of 
cement could be placed into a SDD well due to hole blockage, holes 
should be drilled near each branch that will be intersected and squeeze 
cemented using pressures sufficient to fracture into the potentially 
empty SDD holes.

[[Page 47411]]

    (c) The following are proposed methods for mining within the safety 
barrier, or mining through a plugged or replugged well:
    (1) At least 48 hours before the intended intersection of any well 
or the initial intersection of any branch of an SDD well, the 
petitioner will notify the District Manager, the State, and the miner's 
representative.
    (2) No person will be permitted in the area of the mining-through 
operation except those actually engaged in the operation, company 
personnel, representatives of the miners, personnel from MSHA, and 
personnel from the appropriate State agency.
    (3) Before the planned intersection, the petitioner will alert all 
personnel in the mine, to be repeated for all shifts until the well is 
mined through.
    (4) The mine-through operation will be under the direct supervision 
of a certified individual. Instructions concerning the mine-through 
operation will be issued only by the certified individual in charge.
    (5) The first intersection of a well or branch of a well is a 
higher risk then ensuing intersections because it is the point where 
well or branch preparation is enough to prevent the release of methane 
into the mine. The following procedures will be required for the first 
intersection encountered:
    (i) When using continuous mining methods, the petitioner will 
install drivage sights at the last open crosscut near the place to be 
mined to ensure intersection of the well. The drivage sites will not be 
more than 50 feet from the well. When using longwall-mining methods, 
drivage sights will be installed on 10-foot centers for a distance of 
50 feet in advance of the well. Sights will be installed in both the 
headgate and tailgate.
    (ii) Firefighting equipment will be available and usable in the 
mining site, including fire extinguishers, rock dust, and a fire hose 
that can reach the working face area of the mining-through will be 
available when either the conventional or continuous mining method is 
used.. The fire hose will be located in the last open crosscut of the 
entry or room. The petitioner will maintain the water line to the belt 
conveyor tailpiece as well as a hose long enough to reach the furthest 
point of penetration on the section. For longwall mining, a hose to the 
longwall water supply is enough. All fire hoses will be ready for 
operation during the mining-through.
    (iii) Sufficient supplies of roof support and ventilation materials 
will be available and located at the last open crosscut. In addition, 
an emergency plug and suitable sealing materials will be available in 
the immediate area of the well intersection.
    (iv) All equipment will be checked for permissibility and serviced 
on the shift prior to mining-through the well.
    (v) The methane monitor on the continuous mining machine, or 
cutting machine and loading machine, will be calibrated on the shift 
prior to mining-through the well.
    (vi) When mining is in progress, tests for methane will be made 
with a hand-held methane detector at least every 10 minutes from the 
time that mining with the continuous mining machine is within 30 feet 
of the well until the well is intersected and immediately prior to 
mining through. During the actual cutting through process, no 
individual will be allowed on the return side until mining-through has 
been completed and the area has been examined and declared safe. All 
workplace exams will be completed on the return side of the shearer 
while the shearer is idle.
    (vii) When using continuous or conventional mining methods, the 
working place will be free from accumulations of coal dust and coal 
spillages, and rock dust will be placed on the roof, rib and floor 
within 20 feet of the face when mining through or near the well on the 
shift or shifts during which the cut-through will occur. For longwell 
sections, rock dusting will be conducted and placed on the roof, rib, 
and floor up to the headgate and tailgate gob.
    (viii) When the wellbore is intersected, all equipment will be 
deenergized and the place thoroughly examined and determined safe 
before mining is resumed. After a well has been intersected and the 
working place determined safe, mining will continue inby the well a 
sufficient distance to permit adequate ventilation around the area of 
the well.
    (ix) The use of torches will not be necessary if the casing is cut 
or milled at the seam level, but in rare circumstance, torches will be 
utilized for improperly cut or milled casings. An open flame will not 
be allowed in the area until methane levels are less than 1.0% (in the 
area exposed to torch flames and sparks) and adequate ventilation is 
established in the area around the well bore. A thick layer of rock 
dust will be applied by the petitioner to the roof, face, floor, ribs 
and any other exposed coal inside of 20 feet of the casing before using 
torches.
    (x) Non-sparking (brass) tools will be located at and used on the 
working section so as to expose and examine cased wells.
    (5) The borehole location will be identified when the initial 
intersection with the well or branch is made. The borehole location 
will be identified as the wellbore plot adjusted to reduce the 
established safety zone of 20 feet for ensuing lateral intercepts. At 
each new intersection of a branch of the well, the same process will 
take place except for the reduction of the safety zone.
    (6) Upon encountering a void at the mine through (i.e., the 
presence of backfill material is not detected), if the methane reading 
is below 1%, then the mining will continue, but if it is greater than 
1%, mining will halt. A mechanical air packer will be installed in the 
rib near the wellhead to correct the situation, the packer will be 
sealed so that leakage does not occur. If this does not address the 
issue, an alternative approach will be approved.
    (7) Upon encountering a void at the initial mine through (i.e., 
presence of backfill material not detected), after finishing mining in 
that block, a mechanical or air packer will be installed on the inby 
side of the mined through hole (the first intercept). The void will be 
sealed at the opening using water infusion or grout, before the second 
intercept and expected mine through. These procedures will be repeated 
when new hole intercepts are encountered and where expected mine 
through situations are met for voids.
    (d) 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-2020-011-C.
    Petitioner: Jarisa, Inc., 935 State Hwy 317, Neon, KY 41840.
    Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County, 
Kentucky.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
in or inby the last open crosscut.
    The petitioner states that:
    (a) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (b) The petitioner utilizes the continuous mining method.

[[Page 47412]]

    (c) Accurate survey equipment is an important safety feature for 
this mine.
    (d) Mechanical surveying equipment has been obsolete for a number 
of years. Such equipment of acceptable quality is not commercially 
available. Further, it is difficult, if not impossible, to have such 
equipment serviced or repaired.
    (e) Electronic surveying equipment is, at a minimum, 8 to 10 times 
more accurate than mechanical equipment.
    (f) Application of the existing standard would result in a 
diminution of safety to miners. Underground mining by its nature, size, 
and complexity of mine plans requires that accurate and precise 
measurements be completed in a prompt and efficient manner.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner will use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in or inby the last open crosscut, subject to this petition:

--Topcon GTS-233 W 7.2 Volts DC
--Topcon GPT-3003 LW 7.2 Volts DC
--Topcon GTS 223 7.2 Volts DC
--Topcon GTS 243 NW 7.2 Volts DC

    (b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and 
theodolites, data loggers, and laser distance meters. All 
nonpermissible electronic total stations and theodolites will have an 
IP 66 or greater rating.
    (c) The petitioner will maintain a logbook for 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.
    (d) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by the person who 
operates the equipment prior to taking the equipment underground to 
ensure the equipment is being maintained in a safe operating condition. 
The result of these examinations will be recorded in the logbook and 
will include:
    (1) Checking the instrument for any physical damage and the 
integrity of the case;
    (2) Removing the battery and inspecting for corrosion;
    (3) Inspecting the contact points to ensure a secure connection to 
the battery;
    (4) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (5) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) 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 and will be maintained for at 
least 1 year.
    (f) The petitioner 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.
    (g) The nonpermissible electronic surveying equipment used in or 
inby the last open crosscut 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 this petition.
    (h) 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.
    (i) 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.
    (j) 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.
    (k) 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(a). Nonpermissible electronic 
surveying equipment will not be used in or inby the open crosscut when 
production is occurring.
    (l) 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.
    (m) 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-month training period, the second person on the 
surveying crew will 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.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh 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.
    (o) 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 or inby the last open 
crosscut is at least the minimum quantity that is required by the 
mine's ventilation plan.
    (p) 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

[[Page 47413]]

equipment in areas where methane could be present.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the petition 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.
    (r) If the petition is granted, the petitioner will submit within 
60 days after the petition is final, 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 petition. When training is conducted on the 
terms and conditions in the petition, an MSHA Certificate of Training 
(Form 5000-23) will be completed and will indicate that it was surveyor 
training.
    (s) The petitioner will replace or retire from service any 
electronic surveying instrument that was acquired prior to December 31, 
2004 within 1 year of the petition becoming final. Within 3 years of 
the date that the petition becomes final, the petitioner will replace 
or retire from service any theodolite that was acquired more than 5 
years prior to the date that the petition becomes final or any total 
station or other electronic surveying equipment identified in this 
petition and acquired more than 10 years prior to the date that the 
petition becomes final. After 5 years, the petitioner will maintain a 
cycle of purchasing new electronic surveying equipment whereby 
theodolites will be no older than 5 years from the date of manufacture 
and total stations and other electronic surveying equipment will be no 
older than 10 years from the date of manufacture.
    (t) The petitioner will ensure that all surveying contractors hired 
by the petitioner are using nonpermissible electronic surveying 
equipment in accordance with the terms and conditions of this petition. 
The conditions of use in the petition will apply to all nonpermissible 
electronic surveying equipment used in or inby the last open crosscut, 
regardless of whether the equipment is used by the petitioner or by an 
independent contractor.
    (u) The petitioner states that it will use nonpermissible 
electronic surveying equipment when production is occurring, subject to 
the following conditions:

--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.
--Production will continue while nonpermissible electronic surveying 
equipment is used, if such equipment is used in a separate split of air 
from where production is occurring.
--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.
--If, while surveying, a surveyor will disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation will be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production 
will 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.
--Any disruption in ventilation will be recorded in the logbook 
required by the petition. 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.
--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 petition within 60 days of the date the petition 
becomes final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The petitioner will keep a record of the training and 
provide the record to MSHA on request.
--The petitioner 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 petitioner will train new miners on the 
requirements of the petition in accordance with 30 CFR 48.5, and will 
train experienced miners, as defined in 30 CFR 48.6, on the 
requirements of the petition in accordance with 30 CFR 48.6. The 
petitioner 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-2020-012-C.
    Petitioner: Jarisa, Inc., 935 State Hwy. 317, Neon, KY 41840.
    Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County, 
Kentucky.
    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 alternative method of compliance to 
allow the use of battery-powered nonpermissible 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:
    (a) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (b) The petitioner utilizes the continuous mining method.
    (c) Accurate survey equipment is an important safety feature for 
this mine.
    (d) Mechanical surveying equipment has been obsolete for a number 
of years. Such equipment of acceptable quality is not commercially 
available. Further, it is difficult, if not impossible, to have such 
equipment serviced or repaired.
    (e) Electronic surveying equipment is, at a minimum, 8 to 10 times 
more accurate than mechanical equipment.
    (f) Application of the existing standard would result in a 
diminution of safety to miners. Underground mining by its nature, size, 
and complexity of mine plans requires that accurate and precise 
measurements be completed in a prompt and efficient manner.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner will use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in return airways, subject to this petition:


[[Page 47414]]


--Topcon GTS-233 W 7.2 Volts DC
--Topcon GPT-3003 LW 7.2 Volts DC
--Topcon GTS 223 7.2 Volts DC
--Topcon GTS 243 NW 7.2 Volts DC

    (b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and 
theodolites, data loggers, and laser distance meters. All 
nonpermissible electronic total stations and theodolites will have an 
IP 66 or greater rating.
    (c) The petitioner will maintain a logbook for 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.
    (d) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by the person who operates the 
equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. The result 
of these examinations will be recorded in the logbook and will include:
    (1) Checking the instrument for any physical damage and the 
integrity of the case;
    (2) Removing the battery and inspecting for corrosion;
    (3) Inspecting the contact points to ensure a secure connection to 
the battery;
    (4) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (5) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) 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 and will be maintained for at 
least 1 year.
    (f) The petitioner 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.
    (g) The nonpermissible electronic surveying equipment 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 this petition.
    (h) 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 return airways. All requirements of 30 CFR 75.323 will be complied 
with prior to entering in return airways.
    (i) 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 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.
    (j) 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.
    (k) Prior to energizing nonpermissible electronic surveying 
equipment in return airways, methane tests will be made in accordance 
with 30 CFR 75.323(a). Nonpermissible electronic surveying equipment 
will not be used in return airways when production is occurring.
    (l) 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.
    (m) 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 
will 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.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air out of 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.
    (o) 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 return airways is at least the minimum 
quantity that is required by the mine's ventilation plan.
    (p) 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.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the petition before using 
nonpermissible electronic surveying equipment in return airways. A 
record of the training will be kept with the other training records.
    (r) If the petition is granted, the petitioner will submit within 
60 days after the petition is final, 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 petition. When training is conducted on the 
terms and conditions in the petition, an MSHA Certificate of Training 
(Form 5000-23) will be completed and will indicate that it was surveyor 
training.
    (s) The petitioner will replace or retire from service any 
electronic surveying instrument that was acquired prior to December 31, 
2004 within 1 year of the petition becoming final. Within 3 years of 
the date that the petition becomes final, the petitioner will replace 
or retire from service any theodolite that was acquired more than 5 
years prior to the date that the petition becomes final or any total 
station or other electronic surveying equipment identified in this 
petition and acquired more than 10

[[Page 47415]]

years prior to the date that the petition becomes final. After 5 years, 
the petitioner will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The petitioner will ensure that all surveying contractors hired 
by the petitioner are using nonpermissible electronic surveying 
equipment in accordance with the terms and conditions of this petition. 
The conditions of use in the petition will apply to all nonpermissible 
electronic surveying equipment used in return airways, regardless of 
whether the equipment is used by the petitioner or by an independent 
contractor.
    (u) The petitioner states that it will use nonpermissible 
electronic surveying equipment when production is occurring, subject to 
the following conditions:

--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.
--Production will continue while nonpermissible electronic surveying 
equipment is used, if such equipment is used in a separate split of air 
from where production is occurring.
--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.
--If, while surveying, a surveyor will disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation will be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production 
will 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.
--Any disruption in ventilation will be recorded in the logbook 
required by the petition. 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.
--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 petition within 60 days of the date the petition 
becomes final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The petitioner will keep a record of the training and 
provide the record to MSHA on request.
--The petitioner 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 petitioner will train new miners on the 
requirements of the petition in accordance with 30 CFR 48.5, and will 
train experienced miners, as defined in 30 CFR 48.6, on the 
requirements of the petition in accordance with 30 CFR 48.6. The 
petitioner 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-2019-013-C.
    Petitioner: Jarisa, Inc., 935 State Hwy. 317, Neon, KY 41840.
    Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County, 
Kentucky.
    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 an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
within 150 feet of pillar workings and longwall faces.
    The petitioner states that:
    (a) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (b) The petitioner utilizes the continuous mining method.
    (c) Accurate survey equipment is an important safety feature for 
this mine.
    (d) Mechanical surveying equipment has been obsolete for a number 
of years. Such equipment of acceptable quality is not commercially 
available. Further, it is difficult, if not impossible, to have such 
equipment serviced or repaired.
    (e) Electronic surveying equipment is, at a minimum, 8 to 10 times 
more accurate than mechanical equipment.
    (f) Application of the existing standard would result in a 
diminution of safety to miners. Underground mining by its nature, size, 
and complexity of mine plans requires that accurate and precise 
measurements be completed in a prompt and efficient manner.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner will use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater within 150 feet of pillar workings or longwall faces, subject 
to this petition:

--Topcon GTS-233 W 7.2 Volts DC
--Topcon GPT-3003 LW 7.2 Volts DC
--Topcon GTS 223 7.2 Volts DC
--Topcon GTS 243 NW 7.2 Volts DC

    (b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and 
theodolites, data loggers, and laser distance meters. All 
nonpermissible electronic total stations and theodolites will have an 
IP 66 or greater rating.
    (c) The petitioner will maintain a logbook for 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.
    (d) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
by the person who operates the equipment prior to taking the equipment 
underground to ensure the equipment is being maintained in a safe 
operating condition. The result of these examinations will be recorded 
in the logbook and will include:

[[Page 47416]]

    (1) Checking the instrument for any physical damage and the 
integrity of the case;
    (2) Removing the battery and inspecting for corrosion;
    (3) Inspecting the contact points to ensure a secure connection to 
the battery;
    (4) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (5) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) 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 and will be maintained for at 
least 1 year.
    (f) The petitioner 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.
    (g) 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 conditions of this 
petition.
    (h) 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 
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.
    (i) 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.
    (j) 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.
    (k) Prior to energizing nonpermissible electronic surveying 
equipment within 150 feet of pillar workings and longwall faces, 
methane tests will be made in accordance with 30 CFR 75.323(a). 
Nonpermissible electronic surveying equipment will not be used within 
150 feet of pillar workings or longwall faces when production is 
occurring.
    (l) 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.
    (m) 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 and 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 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 will 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.
    (n) 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 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.
    (o) 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.
    (p) 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.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the petition 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.
    (r) If the petition is granted, the petitioner will submit within 
60 days after the petition is final, 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 petition. When training is conducted on the 
terms and conditions in the petition, an MSHA Certificate of Training 
(Form 5000-23) will be completed and will indicate that it was surveyor 
training.
    (s) The petitioner will replace or retire from service any 
electronic surveying instrument that was acquired prior to December 31, 
2004 within 1 year of the petition becoming final. Within 3 years of 
the date that the petition becomes final, the petitioner will replace 
or retire from service any theodolite that was acquired more than 5 
years prior to the date that the petition becomes final or any total 
station or other electronic surveying equipment identified in this 
petition and acquired more than 10 years prior to the date that the 
petition becomes final. After 5 years, the petitioner will maintain a 
cycle of purchasing new electronic surveying equipment whereby 
theodolites will be no older than 5 years from the date of manufacture 
and total stations and other electronic surveying equipment will be no 
older than 10 years from the date of manufacture.
    (t) The petitioner will ensure that all surveying contractors hired 
by the petitioner are using nonpermissible electronic surveying 
equipment in accordance with the terms and conditions of this petition. 
The conditions of use in the petition will apply to all nonpermissible 
electronic surveying equipment used within 150 feet of pillar workings 
or longwall faces, regardless of whether the equipment is used by the 
petitioner or by an independent contractor.

[[Page 47417]]

    (u) The petitioner states that it will use nonpermissible 
electronic surveying equipment when production is occurring, subject to 
the following conditions:

--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.
--Production will continue while nonpermissible electronic surveying 
equipment is used, if such equipment is used in a separate split of air 
from where production is occurring.
--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.
--If, while surveying, a surveyor will disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation will be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production 
will 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.
--Any disruption in ventilation will be recorded in the logbook 
required by the petition. 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.
--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 petition within 60 days of the date the petition 
becomes final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The petitioner will keep a record of the training and 
provide the record to MSHA on request.
--The petitioner 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 petitioner will train new miners on the 
requirements of the petition in accordance with 30 CFR 48.5, and will 
train experienced miners, as defined in 30 CFR 48.6, on the 
requirements of the petition in accordance with 30 CFR 48.6. The 
petitioner 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 Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-17017 Filed 8-4-20; 8:45 am]
BILLING CODE 4520-43-P