[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71670-71674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27346]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of an Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before January 18, 2022.

ADDRESSES: You may submit your comments including the docket number of 
the petition by any of the following methods:
    1. Email: [email protected]. Include the docket number of the 
petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, Acting 
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. Before visiting MSHA in person, call 202-693-9455 to make 
an appointment, in keeping with the Department of Labor's COVID-19 
policy. Special health precautions may be required.
    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: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (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 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.

[[Page 71671]]

    3. In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2021-031-C.
    Petitioner: Fossil Rock Resources LLC, 5125 N Cottonwood Road, 
Orangeville, UT 84537.
    Mine: Fossil Rock Mine, MSHA ID No. 42-01211, located in Emery 
County, Utah.
    Regulation Affected: 30 CFR 75.350 (Belt air course ventilation).
    Modification Request: The petitioner requests modification of the 
existing standard 30 CFR 75.350 to permit alternative methods of 
compliance to accommodate the use of a two-entry longwall mining 
system.
    The petitioner states that:

    (1) Fossil Rock plans to operate a two-entry longwall system 
using belt air in a two-entry mining system.
    (2) Geological conditions and historical mining at this site 
have demonstrated that a two-entry longwall system will provide a 
safe roof control environment for the miners.
    (3) The special terms and conditions set out below will at all 
times provide a safe work environment to the miners, and will 
provide no less than the same measure of protection afforded the 
miners by the existing standard, 30 CFR 75.350.

    The petitioner proposes the following alternative method of 
compliance to permit the use of the belt air course as a return air 
course and to permit use of belt air to ventilate the working face:
    I. Requirements Applicable to Two-Entry Development, Longwall Set-
up and Recovery, and Retreat Mining System.
    A. An atmospheric monitoring system (AMS) that incorporates diesel-
discriminating sensors for early warning fire detection shall be 
installed in the intake escapeway entry and the belt entry as follows:
    1. At the mouth of the section in the intake escapeway entry, at 
the beginning of the working section, and at intervals not to exceed 
1,000 feet along the intake escapeway entry between such locations.
    2. At the mouth of the section in the belt entry, at a location 
between 50 and 100 feet inby the section belt drive if the air is 
traveling toward the face, or outby if the air is traveling away from 
the face, in the belt entry and at intervals not to exceed 1,000 feet 
along the belt conveyor entry, except as provided in paragraphs (A)(3), 
(A)(4) and (J). A monitoring device shall be located between 50 feet 
and 100 feet inby the tailpiece if the air is traveling toward the 
face, or between 50 feet and 100 feet outby the tailpiece if the air is 
traveling away from the face. The tailpiece and the sensor shall be on 
the same split of air.
    3. Where a belt discharges onto a conveyor tailpiece as a 
continuation of a belt conveyor haulage system without a change of 
direction, and the belt drive, the belt take-up, and belt conveyor 
tailpiece are on the same split of air, only one low-level carbon 
monoxide senor shall be required at this location. Depending on the 
direction of the air flow, the sensor shall be installed not more than 
100 feet inby or outby the belt drive, belt take-up, and tailpiece on 
the same split of air.
    4. During retreat, at a location not more than 100 feet outby the 
point-feed to the belt in the intake entry and inby the point-feed in 
the belt entry.
    5. Sensors shall be installed near the center of the upper third of 
the belt entry, in a location that will not expose personnel working on 
the system to hazards. Sensors installed in the haulage entry shall be 
located in areas where they are not subject to damage from mobile 
equipment. Sensors shall not be located in intersections, atypically 
high-roofed areas or in other areas where air flow patterns do not 
permit products of combustion to be carried to the sensors.
    B. Air velocity requirements in the two-entry system:
    1. The air in the monitored entry(s) shall have a velocity of at 
least 50 feet per minute in the designated direction.
    2. Velocity measurements shall be taken at locations in the entry 
which are representative of the cross-sectional areas found throughout 
the entry and not at locations where the entry is high (e.g., belt 
drives) or low (e.g., under overcasts).
    C. Determination of the corrected carbon monoxide ambient, alert, 
and alarm levels shall be as follows:
    1. Upon implementation of this petition, the corrected carbon 
monoxide ambient level shall be 2 parts per million (ppm) and future 
ambient level determinations shall be made under normal mining 
conditions as follows:
    a. Properly calibrated carbon monoxide and nitric oxide sensors 
shall be used for corrected ambient determination where this petition 
requires monitoring with diesel-discriminating sensors. A corrected 
carbon monoxide ambient determination shall be made by either of the 
following methods:
    i. Measurements from all two-entry diesel-discriminating sensors 
for each separate air split shall be used. Continuous readings shall be 
taken and recorded for a total of five (5) consecutive production 
shifts to establish a history of corrected carbon monoxide levels. The 
average of the data collected for each air split will determine its 
ambient level; or
    ii. An equally effective method approved as part of the mine 
ventilation plan.
    b. MSHA shall be notified when ambient levels will be determined 
and provided an opportunity to assist in ambient level determination.
    c. Corrected ambient levels shall be representative of normal 
operating conditions. Diesel equipment shall not be idled unnecessarily 
in the air split where the ambient level is being determined. The 
number and type of diesels entering and leaving the two-entry system 
will be documented during ambient determination if MSHA requests this 
information.
    d. Corrected ambient levels can differ between the two air courses 
in the two-entry system. Corrected ambient levels can also be different 
for development, retreat, longwall set-up and longwall recovery. If 
different corrected ambient levels are determined, either the lowest 
corrected ambient level can be utilized throughout the two-entry 
system, or the atmospheric monitoring system can be divided into 
distinct areas with the appropriate pre-determined corrected ambient 
level used.
    2. The alert and alarm levels during longwall set-up and recovery 
shall be 10 ppm and 15 ppm, respectively, above the appropriate 
corrected ambient level. The atmospheric monitoring system data 
obtained during longwall set-up and recovery shall be evaluated 
periodically, as determined by the District Manager, to determine if 
the alert and alarm levels can be reduced, taking into account problems 
associated with nuisance alarms.
    3. The alert and alarm levels for the belt entry and primary 
escapeway entry (intake entry) during development and retreat mining 
shall be determined consistent with such levels in the approved 
ventilation and dust control plans or emergency response plan. The 
cross-sectional areas used for alert and alarm level shall be measured 
at locations in the entry representative of the cross-sectional areas 
found throughout the belt/intake entry and not at locations where the 
entry is atypically high (e.g., belt drives) or low (e.g., under 
overcasts).
    4. The carbon monoxide alert and alarm levels established can 
differ between the two air courses in the two-entry system. Alert and 
alarm levels can also be different for development, retreat, longwall 
set-up and longwall recovery. The number of carbon

[[Page 71672]]

monoxide alert and alarm settings used shall be minimized and may be 
limited, as determined by the District Manager, to maintain system 
effectiveness.
    5. The correct ambient level, or time delay periods (parameters) 
may be reevaluated at any time by MSHA or at the request of the 
operator. Adjustments to the parameters shall be made only with prior 
MSHA approval. New parameters shall be included in the ventilation plan 
and submitted for approval by the District Manager.
    6. The AMS shall also activate an alarm signal if the total 
concentration of uncorrected carbon monoxide, measured by any sensor, 
exceeds or is equal to 50 ppm. This concentration shall represent all 
carbon monoxide present in the sensor's atmosphere which includes 
carbon monoxide from diesel engines.
    D. Audible and visual alarm devices used on the section(s) shall be 
permissible, if installed in areas where permissible equipment is 
required. Alarm devices shall give visual and audible signals that can 
be seen and heard at all times on the working section(s), and at a 
location on the surface of the mine where a responsible person(s) is on 
duty at all times when miners are underground. Alert devices shall give 
visual and audible signals that can be seen or heard at all times at 
such surface locations whenever miners are underground. When audible 
signals are used for both the alert and alarm, the signals shall be 
distinguishable from each other.
    1. The AMS may be designed to include a time delay period, not to 
exceed 60 seconds, for corrected carbon monoxide alert and alarm 
signals. When a sensor response remains within alert or alarm range for 
longer than the predetermined delay, visual and/or audible signals will 
be given.
    2. Section alarms shall be activated by any sensor(s) from the 
mouth of the section to the section loading point, and shall also be 
activated by any sensor(s) for a distance of 4,000 feet outby the 
section loading point during initial development. For the purpose of 
this paragraph, ``initial development'' is when the first 4,000 feet of 
two entries is being developed. During that time period, diesel-
discriminating sensors located in the conveyor belt entry for a 
distance of 4,000 feet outby the two-entry section loading point shall 
activate the section alarm.
    3. When the AMS gives any visual or audible alert signal, all 
persons in the same split of air shall immediately be notified and 
appropriate action shall be taken to determine the cause of the 
actuation. When the AMS gives any alarm signal, all persons in the same 
split(s) of air shall immediately be withdrawn to a safe location outby 
the sensor(s) activating the alarm, unless the cause is known not to be 
a hazard to the miners. If the AMS gives any alarm at shift change, no 
one shall be permitted to enter the mine except qualified persons 
designated to investigate the source of the alarm. If miners are en 
route into the mine, they shall be held at, or be withdrawn to, a safe 
location outby the sensor(s) activating the alarm. Miners shall be 
permitted underground when the source of the alarm is determined, and 
the mine is deemed safe to enter.
    4. The mine evacuation plan required by 30 CFR 75.1502 shall be 
revised to specify the: Actions taken to determine the cause of the 
alert and alarm signals; muster locations for withdrawn miners for each 
alarm signal; steps taken after the cause of the alarm is determined; 
and procedures followed if the alarm signal is activated. Such 
revisions shall be approved by the District Manager. A record of each 
alert and alarm signal given and the action taken shall be maintained 
at the mine for a period of 1 year.
    E. When miners are underground, a responsible person shall be on 
duty at all times at the surface location at the mine to see the visual 
alert and hear the audible alarm signals of the AMS when the carbon 
monoxide reaches the levels established in paragraphs (I)(C)(2) and 
(I)(C)(3). This person shall have two-way communications with all 
working sections. When the established alarm signal levels are reached 
at any sensor required by these special terms and conditions, the 
responsible person shall notify miners working inby the affected 
sensor. The responsible person shall be trained in operation of the 
AMS, and the proper procedures to follow in the event of an emergency 
or malfunction. In the event of an emergency or malfunction, the 
responsible person shall take appropriate action immediately.
    F. The AMS shall be visually examined at least once each coal-
producing shift, and tested for functional operation at intervals not 
exceeding 7 days to ensure the AMS is functioning properly and that 
required maintenance is performed. The AMS shall be calibrated with 
known concentrations of nitric oxide, carbon monoxide, and air mixtures 
at intervals not exceeding 30 calendar days. A record of all weekly 
inspections, monthly calibrations, and all maintenance shall be 
maintained on the surface and made available to a representative of the 
Secretary and miners' representatives. The inspection record shall show 
the time and date of each weekly inspection, calibration, and all 
maintenance performed on the system.
    G. The AMS shall remain operative for the purpose of warning of a 
fire for a minimum of 4 hours after the source of power to the belt is 
removed, except when power is removed during a fan stoppage or when the 
belt haulage way is examined as provided in 30 CFR 75.1103-4(e)(1) and 
(e)(2).
    H. The AMS shall be capable of detecting electrical malfunctions 
such as electrical short circuits, open circuits, and ground faults 
and, where applicable, pneumatic malfunctions in the system.
    I. The AMS shall be capable of identifying any activated sensor. A 
map or schematic identifying each belt flight and the details for the 
AMS shall be posted at the mine.
    J. If at any time, the AMS which consists of both diesel-
discriminating sensors and methane sensors as outlined in Section II, 
or any portion of these systems required by these special terms and 
conditions has been de-energized for reasons such as routine 
maintenance or failure of a sensor unit, the belt conveyor may continue 
to operate provided the miners in the working section affected are 
notified of the situation and the affected portion of the belt conveyor 
or intake entry(s) is continuously patrolled and monitored for carbon 
monoxide and methane in the following manner until the AMS is returned 
to normal operation:
    1. The patrolling and monitoring must be conducted by a qualified 
person or persons in accordance with 30 CFR 75.2.
    2. The qualified person(s) performing atmospheric monitoring for 
carbon monoxide and methane or both shall at all times be equipped with 
a two-way communication device enabling communication with a designated 
person on the surface.
    3. If one sensor becomes inoperative, a qualified person shall 
monitor at that location.
    4. If two or more adjacent sensors become inoperative, a qualified 
person shall patrol and monitor the affected area at least once each 
hour.
    5. If the entire system becomes inoperative, a sufficient number of 
qualified persons shall patrol and monitor the affected entries of the 
mine so that the affected entries will be traveled once each hour in 
their entirety.
    6. Each of these qualified persons shall be provided with a 
handheld carbon monoxide detector and a handheld methane detector. A 
carbon

[[Page 71673]]

monoxide detector and a methane detector shall also be available for 
use on each working section in the event the monitoring system is de-
energized or fails.
    7. The procedures outlined are applicable only for the reasonable 
amount of time required to repair or replace the equipment causing the 
malfunction. The mine operator shall begin corrective actions 
immediately and continue until the defective equipment causing the 
malfunction is replaced or repaired. The responsible person on the 
surface shall immediately establish two-way communication with the 
working section(s) and notify them of the particular malfunction(s) or 
problem(s).
    8. Monitoring with handheld detectors shall not be used in lieu of 
installation and use of the fire detection and methane monitoring 
systems described in this Petition.
    9. Time delays shall not be applied to measurements made with 
handheld detectors. Since handheld detector measurements will include 
carbon monoxide from diesel-powered equipment, the alert and alarm 
levels for carbon monoxide when qualified persons are patrolling or 
monitoring with hand-held detectors shall be 15 ppm and 20 ppm, 
respectively. These levels shall be incorporated into the ventilation 
plan required by 30 CFR 75.370.
    K. The details for the fire detection system and methane monitoring 
system, including the type of monitors and specific sensor locations on 
the mine map, shall be included in the ventilation plan required by 30 
CFR 75.370. Additional carbon monoxide sensors and methane sensors 
shall be installed if required by the District Manager to ensure the 
safety of the miners, and the corresponding parts of the ventilation 
plan updated accordingly.
    L. The concentration of respirable dust in the intake air coursed 
through a belt conveyor haulage way shall not exceed 1.0 mg/m\3\. 
Compliance with this requirement will be determined by establishing a 
designated area (DA) sampling location within 15 feet outby the working 
section belt tailpiece just outby any air split point introduced into 
the belt entry and by sampling in accordance with 30 CFR 70.208. The 
specific DA sampling location shall be identified in the operator's 
ventilation plan with a four-digit number beginning with 8, followed by 
the middle two digits of the MMU number, and ending with 9 (e.g., 8119 
for MMU 0110).
    M. Administrative controls shall be developed establishing 
procedures for planning and communication of activities which are known 
to result in elevated carbon monoxide levels which do not present a 
hazard to miners working inby. All persons working in the two-entry 
longwall panel shall be trained as to the requirements of these 
administrative controls. In the case of diesel equipment operators, the 
training shall include the locations of diesel-discriminating sensors 
to minimize false alarms. Diesel equipment operators shall be 
instructed not to idle machines near diesel-discriminating sensors. 
Administrative controls shall also be used to minimize the number and 
type of pieces of diesel equipment in the two-entry system and to 
notify miners on the working section when any diesel equipment is 
operating in the two-entry system and when welding operations are 
performed in order to avoid false alert and alarm signals. These 
administrative controls shall be incorporated into the ventilation plan 
for the mine.
    N. During the operation of diesel equipment in the two-entry panel, 
the minimum quantity of air for a single unit shall be at least that 
specified on the approval plate for that equipment. Where multiple 
diesel units are operated, the minimum quantity shall be the total sum, 
for all units, of 100 percent of the air quantity on the approval plate 
of each diesel unit. The air quantity shall be measured at the 
following locations:
    1. In the intake entry across from the section loading point during 
development mining.
    2. In the belt entry and intake entry at the section loading point 
during retreat.
    3. In the intake entry across from the projected location for the 
section loading point during longwall equipment setup.
    4. In the intake entry across from the location of the last loading 
point during equipment recovery.
    In any instance where the air current splits inby these designated 
measuring points, the minimum air quantity for each split shall be the 
total sum of 100 percent of the air quantity on the approval plate for 
each diesel unit in the split.
    O. Each diesel powered equipment operated on any two-entry longwall 
development or two-entry longwall panel shall be provided with a fire 
suppression system. Equipment used in the primary escapeway shall be 
provided with a fire suppression system in accordance with 30 CFR 
75.380(f)(2).
    P. All diesel-powered equipment operated on any two-entry longwall 
development or two-entry longwall panel shall be equipment approved 
under 30 CFR part 36 with the exception of non-approved diesel-powered 
ambulances used in emergency situations to transport injured personnel 
to the surface. These ambulances shall not be stored in the two-entry 
panel.
    Q. Diesel fuel shall not be stored in the two-entry panel.
    R. Personnel carriers or other transportation equipment shall be 
maintained on or near the working section, shall be of sufficient 
capacity to transport all persons who may be in the area, and shall be 
located within 300 feet of the section loading point.
    S. During development of the two entry system, a rock dusting unit 
shall be installed in the belt conveyor entry near the section loading 
point. Also, during longwall retreat mining in the two-entry panel, a 
rock dusting unit shall be installed at or near the last tailgate 
shield. These rock dusting units shall be operated continuously when 
coal is being produced, except when miners are performing maintenance, 
inspections, or other required work in these areas.
    T. Fire doors designed to quickly isolate the working section shall 
be installed in both entries for potential use in emergency situations. 
The fire doors shall be operable throughout the duration of the two-
entry panel. A plan for the emergency closure of these fire doors, 
notification of personnel, and de-energization of electric power inby 
the doors shall be included in the approved ventilation plan. Miners 
shall be trained in these specific plan provisions.
    U. When the hydraulic fluid pump station for the longwall support 
system is located in the two-entry system, it shall be installed and 
maintained as follows:
    1. The pumps and electrical controls shall be equipped with an 
automatic fire suppression system.
    2. Only MSHA-approved fire resistant hydraulic fluid of the ``high 
water content group'' may be used.
    3. The pump station shall be maintained to within 1,200 feet of the 
longwall face.
    4. In addition to the concentrate contained as part of the 
hydraulic pump system, hydraulic concentrate stored in the two entry 
system shall be limited to 500 gallons.
    5. A diesel-discriminating carbon monoxide sensor shall be 
installed between 50 and 100 feet downwind of the hydraulic pump 
station. The sensor shall be installed in a location that will detect 
carbon monoxide caused by a fire and in a location to prevent damage 
from mobile equipment.

[[Page 71674]]

    6. Whenever the transformer supplying power to the hydraulic 
pumping station is located in the intake entry, the transformer shall 
be:
    a. Maintained within 1,200 feet of the longwall face.
    b. Provided with a diesel-discriminating sensor which is located on 
the inby side of the transformer in a location that will detect carbon 
monoxide caused by a fire and prevent damage from mobile equipment.
    c. Provided with an over-temperature device that shall de-energize 
the transformer when the temperature reaches 165 degrees Fahrenheit.
    7. Each hydraulic pump shall be provided with an over-temperature 
device that automatically de-energizes the motor on which it is 
installed. De-energization shall take place at a temperature of not 
more than 210 degrees Fahrenheit. The over-temperature device shall be 
installed at one of the following locations:
    a. The circulating oil for the pump; or
    b. The external pump case housing.
    8. Personal protective equipment as listed on the Material Safety 
Data Sheet (MSDS) for the fire-resistant hydraulic fluid shall be 
provided for use when adding bulk emulsion oil at the pump station.
    V. At least one self-contained self-rescuer shall be available for 
each person on the working section at all times, and shall be carried 
into the section and carried on the section, or stored on the section, 
while advancing the two-entry development. During longwall retreat 
mining, at least two self-contained self-rescuers shall be available 
for each person regularly assigned to the working section. One shall be 
stored near the face in the headgate entries at a readily accessible 
location and one shall be stored near the tailgate entries. These 
locations shall be specified in the mine evacuation plan approved by 
the District Manager under 30 CFR 75.1502.
    W. In addition to the requirements of 30 CFR 75.1100-2(b), firehose 
outlets shall be installed along the intake entry, with valves every 
300 feet. At least 500 feet of firehose, with fittings suitable for 
connection with the outlets, shall be stored at each strategic location 
along the intake entry. The strategic locations shall be specified in 
the firefighting and evacuation plan.
    X. Compressor stations and unattended portable compressors shall 
not be located in the two-entry panel.
    II. Additional Requirements Applicable to the Development of Two-
Entry Panels, and Longwall Set-up and Recovery.
    A. A methane monitoring system shall be installed to monitor the 
air in each belt haulage entry. The methane sensors shall be located so 
that the belt air is monitored near the mouth of the development or 
retreat section, near the tailpiece of the belt conveyor, and at or 
near any secondary belt drive unit installed in the belt haulage entry.
    B. The methane monitoring system shall be capable of providing both 
audible and visual signals on both the working section and at a manned 
location on the surface of the mine where personnel will have two-way 
communication with all working sections and will be on duty at all 
times when miners are underground. The system shall initiate alert 
signals when the level of methane exceeds 0.8 volume per centum, and 
alarm signals when tile level is 1.0 volume per centum. The methane 
monitoring system shall be designed and installed to de-energize the 
belt conveyor drive units and the equipment located on the section when 
the level of methane equals or exceeds 1.0 volume per centum.
    C. The methane monitoring system shall be visually examined at 
least once every 24 hours to ensure proper functioning. The system 
shall be inspected by a person qualified for such work at intervals not 
exceeding 7 days. The qualified person shall ensure that the devices 
are operating properly and that the required maintenance, as 
recommended by the manufacturer, is performed. The monitoring devices 
shall be calibrated with known quantities of methane-air mixtures at 
intervals not exceeding 31 calendar days. An inspection record shall be 
maintained on the surface and made available to a representative of the 
Secretary and representative(s) of miners. The inspection record shall 
show the date and time of each weekly inspection and calibration of the 
monitor and all maintenance performed, whether at the time of the 
weekly inspection or otherwise
    III. Implementation and Training Requirements.
    A. If the Petition is granted, the petitioner shall provide two 
separate intake air courses within each long-wall panel to each two-
entry longwall. Both air courses may be located on the same side of the 
panel; however, the air shall travel in a direction from the mouth of 
the panel toward the section.
    B. The petitioner shall not operate a two-entry longwall systems 
using belt air until MSHA conducts an inspection or otherwise 
determines that the terms and conditions of this Petition have been met 
and that the miners have been trained in proper evacuation procedures, 
including instructions and drills in evacuation and instructions in 
precautions to be taken for escape through smoke.
    C. Within 60 days after this Petition becomes final, the petitioner 
shall submit proposed revisions for its approved 30 CFR part 48 
training plan to the Coal Mine Safety and Health District Manager. 
These proposed revisions shall specify initial and refresher training 
regarding the conditions specified by the Petition.
    D. The terms and conditions of this Petition will not apply during 
the time period from completion of the development mining of the two-
entry longwall panel until the beginning of the longwall equipment set-
up activities, provided the conveyor belt in the two-entry panel is not 
energized. During this time period all relevant standards will apply.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners by the existing standard.

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-27346 Filed 12-16-21; 8:45 am]
BILLING CODE 4520-43-P