[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Pages 66582-66586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23193]


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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 four 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 November 19, 
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 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-2020-022-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.

[[Page 66583]]

    Regulation Affected: 30 CFR 75.507-1 (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 total station surveying equipment, distance meters, 
theodolites, and data loggers, in return air, outby the last open 
crosscut.
    The petitioner states that:
    (a) To support mining operations, specifically for accurately 
locating entries, bore holes, gas wells, and other features, mine 
surveying will be used. Accurate surveying is important for mine 
required ventilation maps in 30 CFR 75.372 and 75.1200. Surveying 
technology has advanced greatly in recent years, allowing for increased 
accuracy, which promotes miner safety. These new surveying systems are 
battery powered and are not MSHA-certified. For this equipment to be 
employed in the Longview mine, the petitioner has submitted this 
petition for modification of 30 CFR 75.507-1(a).
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner proposes to use battery operated transits, total 
station surveying equipment, distance meters and data loggers in return 
air, outby the last open crosscut. The petition proposes the use of 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in the subject area, according to this petition.
    (1) If the surveying equipment operates using lithium batteries, it 
must meet the battery safety standard: UL1642 or IEC 62133.
    (2) If an IP 66 rating is not possible, the highest IP rating will 
be used.
    (b) 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, and the 
original equipment manufacturers' user and maintenance manuals. These 
records will be made available to MSHA and miners at the mine.
    (c) 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.
    (d) A qualified person, as in 30 CFR 75.512-2, will examine the 
equipment weekly and record the results. Records will be maintained for 
at least one year.
    (e) The equipment will be serviced per the manufacturers' 
recommendation, dates of service and a description of any work 
performed will be recorded.
    (f) 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 the subject area.
    (g) 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.
    (h) A methane test will be made at least 12 inches from the roof, 
face, ribs, and floor (under 30 CFR 75.323) before energizing equipment 
in the subject area.
    (i) 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.
    (j) As required by 30 CFR 75.360, the subject area must be pre-
shift examined before using surveying equipment. If not examined during 
the pre-shift, a supplemental examination will be conducted (under 30 
CFR 75.361) before a noncertified person enters the subject area.
    (k) Prior to survey equipment entering the subject area, 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.
    (l) Methane will be continuously monitored before and during the 
use of equipment in the subject area by a qualified person.
    (m) Batteries must be ``exchanged'' in the intake area and no work 
will be performed on the equipment while in the subject area.
    (n) 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.
    (o) The above non-permissible survey equipment will be used when 
production is occurring, if the following conditions are met:
    (1) 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.
    (2) If a surveyor must disrupt ventilation while surveying, the 
surveyor will stop surveying and communicate to the section foreman 
that ventilation is 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.
    (3) 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

[[Page 66584]]

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.
    (4) 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 personnel on request.
    (p) 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-2020-023-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 75.507-1 (Electric equipment other than 
power-connection points; outby the last open crosscut; return air; 
permissibility requirements.).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing and diagnostic equipment, in return air, outby the last open 
crosscut.
    The petitioner states that:
    (a) 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 make 
decisions based on logic, 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 75.507-1(a). For this 
equipment to be employed in the Longview mine, the mine operator has 
submitted this petition for modification.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner proposes using the following testing and 
diagnostic equipment in return air, outby 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) Methane will be continuously monitored by a qualified person, 
as defined in 30 CFR 75.151, before and during the use of 
nonpermissible electronic testing and diagnostic equipment in return 
air, outby the last open crosscut.
    (c) 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.
    (d) Hand-held methane detectors will be MSHA-approved as set forth 
by 30 CFR 75.320. They will be maintained in permissible and proper 
operating condition.
    (e) Coal production will be halted, except for when it is necessary 
to troubleshoot under working mining conditions; coal can remain in or 
on the equipment to troubleshoot equipment underload. Production will 
be halted unless testing. Coal accumulation and other combustible 
materials, as in 30 CFR 75.400, will be removed prior to testing, as a 
safety precaution.
    (f) Nonpermissible testing and diagnostic equipment will not be 
used for testing when float coal dust is in suspension.
    (g) Testing and Diagnostic equipment will be used as recommended by 
the manufacturer, to ensure safe use procedures.
    (h) Miners who will use the above equipment will be trained to 
understand hazards and limitations associated with the equipment.
    (i) Equipment in this petition will be inspected by MSHA before it 
is put into service underground.
    (j) Cables used for powering low-voltage testing and diagnostic 
equipment will only be utilized when testing and diagnostic equipment 
is unavailable.
    (k) 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-2020-024-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 75.1002 (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 total station surveying equipment, distance meters, 
theodolites, and data loggers within 150 feet of pillar workings or 
longwall faces.
    The petitioner states that:
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner proposes to use battery operated transits, total 
station surveying equipment, distance meters and data loggers within 
150 feet of pillar workings or longwall faces. The petition proposes 
the use of 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.
    (1) If the surveying equipment operates using lithium batteries, it 
must meet the battery safety standard: UL1642 or IEC 62133.
    (2) If an IP 66 rating is not possible, the highest IP rating will 
be used.
    (b) 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, and the

[[Page 66585]]

original equipment manufacturers' user and maintenance manuals. These 
records will be made available to MSHA and miners at the mine.
    (c) 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.
    (d) A qualified person, as in 30 CFR 75.512-2, will examine the 
equipment weekly and record the results. Records will be maintained for 
at least one year.
    (e) The equipment will be serviced per the manufacturers' 
recommendation, dates of service and a description of any work 
performed will be recorded.
    (f) 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 the subject area.
    (g) 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.
    (h) A methane test will be made at least 12 inches from the roof, 
face, ribs, and floor (under 30 CFR 75.323) before energizing equipment 
in the subject area.
    (i) 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.
    (j) 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 (under 30 CFR 
75.361) before a noncertified person enters the subject area.
    (k) Prior to survey equipment entering the subject area, 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.
    (l) Methane will be continuously monitored before and during the 
use of equipment in the subject area by a qualified person.
    (m) Batteries must be ``exchanged'' in the intake area and no work 
will be performed on the equipment while within the subject area.
    (n) 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.
    (o) The above non-permissible survey equipment will be used when 
production is occurring, if the following conditions are met:
    (1) 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.
    (2) If a surveyor must disrupt ventilation while surveying, the 
surveyor will stop surveying and communicate to the section foreman 
that ventilation is 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.
    (3) 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 petitioner will keep a record of the 
training and provide the record to MSHA on request.
    (4) 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 personnel on request.
    (p) 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-2020-025-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 75.1002 (Installation of electric 
equipment and conductors; permissibility.)
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing and diagnostic equipment within 150 feet of pillar workings or 
longwall faces.
    The petitioner states that:
    (a) 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 make 
decisions based on logic, 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

[[Page 66586]]

(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 75.507-1(a). For this equipment to be employed in the Longview 
mine, the mine operator has submitted this petition for modification.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The petitioner proposes using the following testing and 
diagnostic equipment within 150 feet of pillar workings or longwall 
faces: 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) Methane will be continuously monitored by a qualified person, 
as defined in 30 CFR 75.151, before and during the use of 
nonpermissible electronic testing and diagnostic equipment within 150 
feet of pillar workings or longwall faces.
    (c) 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 from the area.
    (d) Hand-held methane detectors will be MSHA-approved as set forth 
by 30 CFR 75.320. They will be maintained in permissible and proper 
operating condition.
    (e) Coal production will be halted, except for when it is necessary 
to troubleshoot under working mining conditions; coal can remain in or 
on the equipment to troubleshoot equipment underload. Production will 
be halted unless testing. Coal accumulation and other combustible 
materials, as in 30 CFR 75.400, will be removed prior to testing, as a 
safety precaution.
    (f) Nonpermissible testing and diagnostic equipment will not be 
used for testing when float coal dust is in suspension.
    (g) Testing and Diagnostic equipment will be used as recommended by 
the manufacturer, to ensure safe use procedures.
    (h) Miners who will use the above equipment will be trained to 
understand hazards and limitations associated with the equipment.
    (i) Equipment in this petition will be inspected by MSHA before it 
is put into service underground.
    (j) Cables used for powering low-voltage testing and diagnostic 
equipment will only be utilized when testing and diagnostic equipment 
is unavailable.
    (k) 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. 2020-23193 Filed 10-19-20; 8:45 am]
BILLING CODE 4520-43-P