[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72630-72638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27655]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition 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 seven petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

[[Page 72631]]


DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or January 21, 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: 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. 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. 
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.

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

II. Petitions for Modification

    Docket Number: M-2021-035-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.500(d), as it relates to the use of low 
voltage, battery-powered non-permissible testing and diagnostic 
equipment in or inby the last open crosscut. Specifically, the 
petitioner requests to use low voltage, battery-powered non-permissible 
testing and diagnostic equipment, including, but not limited to laptop 
computers; oscilloscopes; vibration analysis machines; cable fault 
detectors; point temperature probes; infrared temperature devices; 
insulation testers (meggers); voltage, current resistance, and power 
testers; and electronic tachometers, as well as other testing and 
diagnostic equipment if approved in advance by the MSHA District 
Manager.
    The petitioner states that:
    (a) The petitioner utilizes the continuous mining machine and 
longwall method of mining.
    (b) Accurate testing and diagnostic tools for troubleshooting 
equipment problems in or inby the last open crosscut are critical to 
the safety of the miners at the Shoal Creek Mine.
    (c) Mining equipment sometimes breaks down in areas of a mine where 
permissible equipment is required and the equipment cannot be moved 
into intake air to perform diagnosis or repairs as it may not be 
possible to move the equipment, or it is unsafe to move it.
    (d) Permissible diagnostic and testing equipment is not available 
for all types of testing and diagnostics. While certain types of 
equipment, such as vibration analysis machines, point temperature and 
infrared temperature devices, and voltage current and resistance meters 
are currently on the list of MSHA-approved permissible products, the 
petitioner includes such devices in the event approved devices may not 
be readily available on the market.
    The petitioner proposes the following alternative method:
    (a) Non-permissible electronic testing and diagnostic equipment to 
be used includes laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage testers, 
current resistance testers, and power testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used if 
approved in advance by the MSHA District Manager.
    (b) All non-permissible testing and diagnostic equipment used in or 
inby the last open crosscut will be examined by a qualified person as 
defined in 30 CFR 75.153 prior to use to ensure the equipment is being 
maintained in a safe operating condition. The examination results will 
be recorded in the weekly examination book and will be made available 
to MSHA and the miners at the mine.
    (c) A qualified person as defined in 30 CFR part 75.151 will 
continuously monitor for methane immediately before and during the use 
of non-permissible electronic testing and diagnostic equipment in or 
inby the last open crosscut.
    (d) Non-permissible electronic testing and diagnostic equipment 
will not be used if methane is detected in concentrations at or above 
1.0 percent. When 1.0 percent or more methane is detected while the 
non-permissible electronic equipment is being used, the equipment will 
be de-energized immediately and withdrawn outby the last open crosscut.
    (e) All hand-held methane detectors will be MSHA-approved and will 
be maintained in permissible and proper operating condition as defined 
in 30 CFR 75.320.
    (f) Coal production in the section will cease except for time 
necessary to troubleshoot under actual mining conditions. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under ``load.''
    (g) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (h) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-036-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.

[[Page 72632]]

    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, 30 CFR 75.507-1(a), as it relates to the use of low 
voltage, battery-powered nonpermissible testing and diagnostic 
equipment in return air. Specifically, the petitioner requests to use 
low voltage, battery-powered non-permissible testing and diagnostic 
equipment, including, but not limited to laptop computers; 
oscilloscopes; vibration analysis machines; cable fault detectors; 
point temperature probes; infrared temperature devices; insulation 
testers (meggers); voltage, current resistance, and power testers; and 
electronic tachometers, as well as other testing and diagnostic 
equipment if approved in advance by the MSHA District Manager.
    The petitioner states that:
    (a) The petitioner utilizes the continuous mining machine and 
longwall method of mining.
    (b) Accurate testing and diagnostic tools for troubleshooting 
equipment problems in return air are critical to the safety of the 
miners at the Shoal Creek Mine.
    (c) On occasion mining equipment breaks down in areas of a mine 
where permissible equipment is required and the equipment cannot be 
moved into intake air to perform diagnosis or repairs as it may not be 
possible to move the equipment, or it is unsafe to move it.
    (d) Permissible diagnostic and testing equipment is not available 
for all types of testing and diagnostics. While certain types of 
equipment, such as vibration analysis machines, point temperature and 
infrared temperature devices, and voltage current and resistance meters 
are currently on the list of MSHA-approved permissible products, the 
petitioner includes such devices in the event approved devices may not 
be readily available on the market.
    The petitioner proposes the following alternative method:
    (a) Non-permissible electronic testing and diagnostic equipment to 
be used includes laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage testers, 
current resistance testers, and power testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used if 
approved in advance by the MSHA District Manager.
    (b) All non-permissible testing and diagnostic equipment used in 
return air outby the last open crosscut will be examined by a qualified 
person as defined in 30 CFR 75.153 prior to use to ensure the equipment 
is being maintained in a safe operating condition. The examination 
results will be recorded in the weekly examination book and will be 
made available to MSHA and the miners at the mine.
    (c) A qualified person as defined in 30 CFR part 75.151 will 
continuously monitor for methane immediately before and during the use 
of non-permissible electronic testing and diagnostic equipment in 
return air outby the last open crosscut.
    (d) Non-permissible electronic testing and diagnostic equipment 
will not be used if methane is detected in concentrations at or above 
1.0 percent. When 1.0 percent or more methane is detected while the 
non-permissible electronic equipment is being used, the equipment will 
be de-energized immediately and the non-permissible equipment withdrawn 
from the return air outby the last open crosscut.
    (e) All hand-held methane detectors will be MSHA-approved and will 
be maintained in permissible and proper operating condition as defined 
in 30 CFR 75.320.
    (f) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (g) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-037-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    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, 30 CFR 75.1002(a) as it relates to the use of low 
voltage, battery-powered nonpermissible testing and diagnostic 
equipment on the longwall face or within 150 feet of pillar workings. 
Specifically, the petitioner requests to use low voltage, battery-
powered non-permissible testing and diagnostic equipment, including, 
but not limited to laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage, current 
resistance, and power testers; and electronic tachometers, as well as 
other testing and diagnostic equipment if approved in advance by the 
MSHA District Manager.
    The petitioner states that:
    (a) The petitioner utilizes the continuous mining machine and 
longwall method of mining.
    (b) Accurate testing and diagnostic tools for troubleshooting 
equipment problems on the longwall face or within 150 feet of pillar 
workings are critical to the safety of the miners at the Shoal Creek 
Mine.
    (c) On occasion mining equipment breaks down in areas of a mine 
where permissible equipment is required and the equipment cannot be 
moved into intake air to perform diagnosis or repairs as it may not be 
possible to move the equipment, or it is unsafe to move it. On a 
longwall face, the mining equipment cannot be moved to another 
location.
    (d) Permissible diagnostic and testing equipment is not available 
for all types of testing and diagnostics. While certain types of 
equipment, such as vibration analysis machines, point temperature and 
infrared temperature devices, and voltage current and resistance meters 
are currently on the list of MSHA-approved permissible products, the 
petitioner includes such devices in the event approved devices may not 
be readily available on the market.
    The petitioner proposes the following alternative method:
    (a) Non-permissible electronic testing and diagnostic equipment to 
be used includes laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage testers, 
current resistance testers, and power testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used if 
approved in advance by the MSHA District Manager.
    (b) All non-permissible testing and diagnostic equipment used on 
the longwall face or within 150 feet of pillar workings will be 
examined by a qualified person as defined in 30 CFR 75.153 prior to use 
to ensure the equipment is being maintained in a safe operating 
condition. The examination results will be recorded in the weekly 
examination book and will be made

[[Page 72633]]

available to MSHA and the miners at the mine.
    (c) A qualified person as defined in 30 CFR part 75.151 will 
continuously monitor for methane immediately before and during the use 
of non-permissible electronic testing and diagnostic equipment on the 
longwall face or within 150 feet of pillar workings.
    (d) Non-permissible electronic testing and diagnostic equipment 
will not be used if methane is detected in concentrations at or above 
1.0 percent. When 1.0 percent or more methane is detected while the 
non-permissible electronic equipment is being used, the equipment will 
be de-energized immediately and the non-permissible equipment withdrawn 
from the longwall face or moved more than 150 feet from pillar 
workings.
    (e) All hand-held methane detectors will be MSHA-approved and will 
be maintained in permissible and proper operating condition as defined 
in 30 CFR 75.320.
    (f) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (g) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-038-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.500(d) as it pertains to use of battery-
powered non-permissible surveying equipment in or inby the last open 
crosscut. Specifically, the petitioner requests to use battery-powered 
non-permissible equipment including, but not limited to, portable 
battery operated mine transits, total station surveying equipment, 
distance meters, and data loggers.
    The petitioner states that:
    (a) The petitioner utilizes the continuous mining machine and 
longwall method of mining.
    (b) Accurate surveying is critical to the safety of the miners at 
the Shoal Creek Mine.
    (c) To comply with the requirements of 30 CFR 75.372 and 30 CFR 
75.1200, it is necessary to use the most practical and accurate 
surveying equipment.
    (d) Mechanical surveying equipment has been obsolete for a number 
of years and such equipment of acceptable quality is not commercially 
available. It is difficult, if not impossible, to service or repair 
mechanical surveying equipment.
    (e) Electronic surveying equipment is, at a minimum, eight to ten 
times more accurate than mechanical equipment.
    (f) Underground mining by its nature, size, and mine plan 
complexity requires prompt and efficient completion of accurate and 
precise measurements.
    (g) Application of this standard would result in a diminution of 
safety to miners.
    The petitioner proposes the following alternative method:
    (a) The operator may use the Leica TS06 total station and similar 
low voltage battery-operated total stations and theodolites, distance 
meters, and data loggers if they have an Ingress Protection (IP) rating 
of 55 or greater in or inby the last open crosscut subject to the 
conditions of this petition.
    (b) The operator shall replace or retire from service any 
electronic surveying instrument acquired prior to December 31, 2004, 
within 1 year of this petition becoming final. Within 3 years of that 
date, the operator shall replace or retire from service any theodolite 
acquired more than 5 years prior to the date this petition became final 
and any total station or other electronic surveying equipment acquired 
more than 10 years prior to the date this petition became final. After 
5 years, the operator will maintain a cycle of purchasing new 
electronic surveying equipment whereby theodolites will be no older 
than 3 years from date of manufacture, and total stations and other 
electronic surveying equipment will be no older than 10 years from date 
of manufacture. All non-permissible electronic total stations and 
theodolites acquired under this retirement criteria shall have an IP 
rating of 66 or greater.
    (c) The operator is responsible for ensuring that all surveying 
contractors hired by the operator use electronic equipment in 
accordance with the requirements of this petition. The conditions of 
use apply to all non-permissible electronic surveying equipment used in 
or inby the last open crosscut regardless of whether the equipment is 
used by the operator or by an independent contractor.
    (d) The operator will maintain an electric surveying equipment 
logbook with the equipment, where mine record books are kept, or where 
surveying record books are kept. The logbook will contain the date of 
manufacture and/or purchase of each piece of electronic surveying 
equipment. The logbook shall be made available to MSHA upon request.
    (e) All non-permissible electronic surveying equipment to be used 
in or inby the last open crosscut shall be examined by the person who 
will operate the equipment prior to taking the equipment underground to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations shall include:
    1. Check the instrument for any physical damage and the integrity 
of the case;
    2. Remove the battery and inspect for corrosion;
    3. Inspect the contact points to ensure a secure connection to the 
battery;
    4. Reinsert the battery and power up and shut down to ensure proper 
connections; and
    5. Check the battery compartment cover or battery attachment to 
ensure it is securely fastened.
    (f) The equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153, and the examination results shall 
be recorded weekly in the equipment's logbook. Examination entries in 
the logbook will be maintained for at least 1 year.
    (g) The operator shall ensure that all non-permissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and shall include a description of the work performed.
    (h) Non-permissible surveying equipment used in or inby the last 
open crosscut shall 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.
    (i) Non-permissible surveying equipment shall not be used if 
methane is detected in concentrations at or above 1.0 percent. When 1.0 
percent or more of methane is detected while the non-permissible 
surveying equipment is being used, the equipment shall be de-energized 
immediately and the non-permissible electronic equipment withdrawn 
outby the last open crosscut. Prior to entering in or inby the last 
open crosscut, all requirements of 30 CFR 75.323 shall be complied 
with.
    (j) As an additional safety check, prior to setting up and 
energizing non-permissible electronic surveying equipment in or inby 
the last open crosscut, the surveyor(s) shall conduct a visual 
examination of the immediate

[[Page 72634]]

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 accumulated float coal dust is 
observed, the equipment may not be energized until sufficient rock dust 
has been applied and/or the accumulation of float coal dust has been 
cleaned-up. If non-permissible electronic surveying equipment is to be 
used in an area that is not rock dusted within 40 feet of a working 
face where a continuous mining machine is used to extract coal, the 
area shall have sufficient rock dust applied prior to energizing the 
electronic surveying equipment.
    (k) All hand-held methane detectors shall be MSHA-approved and will 
be maintained in permissible and proper operating condition as defined 
by 30 CFR 75.320. All methane detectors shall provide visual and 
audible warnings when methane is detected at or above 1.0 percent.
    (l) Prior to energizing any non-permissible surveying equipment in 
or inby the last open crosscut, methane tests shall be made in 
accordance with 30 CFR 75.323(a).
    (m) All areas to be surveyed shall be pre-shift examined according 
to 30 CFR 75.360 prior to surveying. If the area was not pre-shift 
examined, a supplemental examination according to 30 CFR 75.361 shall 
be performed before any non-certified person enters the area. If the 
area has been examined according to 30 CFR 75.360 or 30 CFR 75.361, 
additional examination is not required.
    (n) A qualified person as defined in 30 CFR 75.151 shall 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut. A second person in the surveying crew, if there are two 
people in the crew, shall also continuously monitor for methane. That 
person shall 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 have 
yet to make such tests for a period of 6 months as required by 30 CFR 
75.150. Upon completion of the 6-month training period, the second 
person on the surveying crew shall become qualified in order to 
continue on the surveying crew. If the surveying crew consists of only 
one person, the surveyor shall monitor for methane with two separate 
devices.
    (o) Personnel engaged in the use of surveying equipment shall be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (p) Batteries contained in the surveying equipment shall be changed 
out or charged in intake air outby the last open crosscut. Replacement 
batteries for the surveying equipment shall be carried only in the 
compartment provided for a spare battery in the electronic equipment 
carrying case. Before each shift of surveying, all batteries for the 
surveying equipment shall be charged sufficiently so that they are not 
expected to be replaced on that shift.
    (q) When using non-permissible electronic surveying equipment in or 
inby the last open crosscut, the surveyor shall confirm by measurement 
or by inquiry of the person in charge of the section that the air 
quantity on the section, on that shift, is at least the minimum 
quantity that is required by the mine's ventilation plan.
    (r) Non-permissible surveying equipment may be used when production 
is occurring subject to these conditions:
    1. On a mechanized mining unit (MMU) where production is occurring, 
non-permissible electronic surveying equipment shall 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 may continue while non-permissible electronic 
surveying equipment is used if the surveying equipment is used in a 
separate split of air from where production is occurring.
    3. Non-permissible surveying equipment shall 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 shall cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production shall stop while 
ventilation is disrupted. Ventilation controls shall be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans and other 
applicable laws, standards, or regulations.
    5. Any disruption in ventilation shall be recorded in the logbook 
required by this petition. The logbook shall include a description of 
the nature of the disruption, the location of the disruption, the date 
and time of the disruption, 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.
    (s) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
shall receive training on the terms and conditions of this petition 
before using non-permissible electronic equipment in or inby the last 
open crosscut. A record of the training shall be kept with the other 
training records and provided to MSHA upon request.
    (t) Within 60 days after this petition becomes final, the operator 
shall submit proposed revisions for its approved 30 CFR part 48 
training plans to the District Manager. These proposed revisions shall 
specify initial and refresher training regarding the terms and 
conditions stated in this petition. When training is conducted, an MSHA 
Certificate of Training (Form 5000-23) shall be completed indicating 
surveyor training.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-039-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    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, 30 CFR 30 CFR 75.507-1(a) as it pertains to use of 
battery-powered non-permissible surveying equipment in return air. 
Specifically, the petitioner requests to use battery-powered non-
permissible equipment including, but not limited to portable battery 
operated mine transits, total station surveying equipment, distance 
meters, and data loggers.
    The petitioner states that:
    (a) The petitioner utilizes the continuous mining machine and 
longwall method of mining.
    (b) Accurate surveying is critical to the safety of the miners at 
the Shoal Creek Mine.
    (c) To comply with the requirements of 30 CFR 75.372 and 30 CFR 
75.1200, it is necessary to use the most practical and accurate 
surveying equipment.

[[Page 72635]]

    (d) Mechanical surveying equipment has been obsolete for a number 
of years and such equipment of acceptable quality is not commercially 
available. It is difficult, if not impossible, to service or repair 
mechanical surveying equipment.
    (e) Electronic surveying equipment is, at a minimum, eight to ten 
times more accurate than mechanical equipment.
    (f) Application of this standard would result in a diminution of 
safety to miners.
    (g) Underground mining by its nature, size, and mine plan 
complexity requires prompt and efficient completion of accurate and 
precise measurements.
    The petitioner proposes the following alternative method:
    (a) The operator may use the Leica TS06 total station and similar 
low voltage battery-operated total stations and theodolites, distance 
meters, and data loggers if they have an Ingress Protection (IP) rating 
of 55 or greater in return air subject to the conditions of this 
petition.
    (b) The operator shall replace or retire from service any 
electronic surveying instrument acquired prior to December 31, 2004, 
within 1 year of this petition becoming final. Within 3 years of that 
date, the operator shall replace or retire from service any theodolite 
acquired more than 5 years prior to the date this petition became final 
and any total station or other electronic surveying equipment acquired 
more than 10 years prior to the date this petition became final. After 
5 years, the operator will maintain a cycle of purchasing new 
electronic surveying equipment whereby theodolites will be no older 
than 3 years from date of manufacture, and total stations and other 
electronic surveying equipment will be no older than 10 years from date 
of manufacture. All non-permissible electronic total stations and 
theodolites acquired under this retirement criteria shall have an IP 
rating of 66 or greater.
    (c) The operator is responsible for ensuring that all surveying 
contractors hired by the operator use electronic equipment in 
accordance with the requirements of this petition. The conditions of 
use apply to all non-permissible electronic surveying equipment used in 
return air regardless of whether the equipment is used by the operator 
or by an independent contractor.
    (d) The operator will maintain an electric surveying equipment 
logbook with the equipment, where mine record books are kept, or where 
surveying record books are kept. The logbook will contain the date of 
manufacture and/or purchase of each piece of electronic surveying 
equipment. The logbook shall be made available to MSHA upon request.
    (e) All non-permissible electronic surveying equipment to be used 
in return air shall be examined by the person who will operate the 
equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. These 
examinations shall include:
    1. Check the instrument tor any physical damage and the integrity 
of the case;
    2. Remove the battery and inspect for corrosion;
    3. Inspect the contact points to ensure a secure connection to the 
battery;
    4. Reinsert the battery and power up and shut down to ensure proper 
connections; and
    5. Check the battery compartment cover or battery attachment to 
ensure it is securely fastened.
    (f) The equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153, and the examination results shall 
be recorded weekly in the equipment's logbook. Examination entries in 
the logbook may be expunged after 1 year.
    (g) The operator is to ensure that all non-permissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and shall include a description of the work performed.
    (h) Non-permissible surveying equipment that will be used in return 
air shall 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.
    (i) Non-permissible surveying equipment shall not be used if 
methane is detected in concentrations at or above 1.0 percent. When 1.0 
percent or more of methane is detected while the non-permissible 
surveying equipment is being used, the equipment shall be de-energized 
immediately and the non-permissible electronic equipment withdrawn out 
of return air. Prior to entering in return air, all requirements of 30 
CFR 75.323 shall be complied with.
    (j) As an additional safety check, prior to setting up and 
energizing non-permissible electronic surveying equipment in return 
air, the surveyor(s) shall conduct a visual examination of the 
immediate area for evidence that the areas appear to be sufficiently 
rock-dusted and for the presence of accumulated float coal dust. If the 
rock-dusting appears insufficient or accumulated float coal dust is 
observed, the equipment may not be energized until sufficient rock dust 
has been applied and/or the accumulation of float coal dust has been 
cleaned-up. If non-permissible electronic surveying equipment is to be 
used in an area that is not rock dusted within 40 feet of a working 
face where a continuous mining machine is used to extract coal, the 
area shall have sufficient rock dust applied prior to energizing the 
electronic surveying equipment.
    (k) All hand-held methane detectors shall be MSHA-approved and 
maintained in permissible and proper operating condition as defined by 
30 CFR 75.320. All methane detectors shall provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (l) Prior to energizing any non-permissible surveying equipment in 
return air, methane tests shall be made in accordance with 30 CFR 
75.323(a).
    (m) All areas to be surveyed shall be pre-shift examined according 
to 30 CFR 75.360 prior to surveying. If the area was not pre-shift 
examined, a supplemental examination according to 30 CFR 75.361 shall 
be performed before any non-certified person enters the area. If the 
area has been examined according to 30 CFR 75.360 or 30 CFR 75.361, 
additional examination is not required.
    (n) A qualified person as defined in 30 CFR 75.151 shall 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut. A second person in the surveying crew, if there are two 
people in the crew, shall also continuously monitor for methane. That 
person shall 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 have 
yet to make such tests for a period of 6 months as required by 30 CFR 
75.150. Upon completion of the 6-month training period, the second 
person on the surveying crew shall become qualified in order to 
continue on the surveying crew. If the surveying crew consists of only 
one person, the surveyor shall monitor for methane with two separate 
devices.
    (o) Personnel engaged in the use of surveying equipment shall be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (p) Batteries contained in the surveying equipment shall be changed 
out or charged out of return air. Replacement batteries for the 
surveying equipment shall be carried only in the compartment provided 
for a spare

[[Page 72636]]

battery in the electronic equipment carrying case. Before each shift of 
surveying, all batteries for the surveying equipment shall be charged 
sufficiently that they are not expected to be replaced on that shift.
    (q) When using non-permissible electronic surveying equipment in 
return air, the surveyor shall confirm by measurement or by inquiry of 
the person in charge of the section that the air quantity on the 
section, on that shift, is at least the minimum quantity that is 
required by the mine's ventilation plan.
    (r) Non-permissible surveying equipment may be used when production 
is occurring subject to these conditions:
    1. On a mechanized mining unit (MMU) where production is occurring, 
non-permissible electronic surveying equipment shall 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 may continue while non-permissible electronic 
surveying equipment is used if the surveying equipment is used in a 
separate split of air from where production is occurring.
    3. Non-permissible surveying equipment shall 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 shall cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production shall stop while 
ventilation is disrupted. Ventilation controls shall be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans and other 
applicable laws, standards, or regulations.
    5. Any disruption in ventilation shall be recorded in the logbook 
required by this petition. The logbook shall include a description of 
the nature of the disruption, the location of the disruption, the date 
and time of the disruption, 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.
    (s) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
shall receive training on the terms and conditions of the petition 
before using non-permissible electronic equipment in return air. A 
record of the training shall be kept with the other training records 
and provided to MSHA upon request.
    (t) Within 60 days after this petition becomes final, the operator 
shall submit proposed revisions for its approved 30 CFR part 48 
training plans to the District Manager. These proposed revisions shall 
specify initial and refresher training regarding the terms and 
conditions stated in this petition. When training is conducted, an MSHA 
Certificate of Training (Form 5000-23) shall be completed indicating 
surveyor training.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-040-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    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, 30 CFR 75.1002(a) as it pertains to use of battery-
powered non-permissible surveying equipment on the longwall face or 
within 150 feet of pillar workings. Specifically, the petitioner 
requests to use battery-powered non-permissible equipment including, 
but not limited to portable battery operated mine transits, total 
station surveying equipment, distance meters, and data loggers.
    The petitioner states that:
    (a) The petitioner utilizes the continuous mining machine and 
longwall method of mining.
    (b) Accurate surveying is critical to the safety of the miners at 
the Shoal Creek Mine.
    (c) To comply with the requirements of 30 CFR 75.372 and 30 CFR 
75.1200, it is necessary to use the most practical and accurate 
surveying equipment. In order to ensure the safety of the miners in 
active mines and to protect miners in future mines which may mine in 
close proximity to these same active mines, it is necessary to 
determine the exact location and extent of the mine workings.
    (d) Mechanical surveying equipment has been obsolete for a number 
of years and such equipment of acceptable quality is not commercially 
available. It is difficult, if not impossible, to service or repair 
mechanical surveying equipment.
    (e) Electronic surveying equipment is, at a minimum, eight to ten 
times more accurate than mechanical equipment.
    (f) Application of this standard would result in a diminution of 
safety to miners.
    (g) Underground mining by its nature, size, and mine plan 
complexity requires prompt and efficient completion of accurate and 
precise measurements.
    The petitioner proposes the following alternative method:
    (a) The operator may use the Leica TS06 total station and similar 
low voltage battery-operated total stations and theodolites, distance 
meters, and data loggers if they have an Ingress Protection (IP) rating 
of 55 or greater within 150 feet of pillar workings subject to the 
conditions of this petition.
    (b) The operator shall replace or retire from service any 
electronic surveying instrument acquired prior to December 31, 2004, 
within 1 year of this petition becoming final. Within 3 years of that 
date, the operator shall replace or retire from service any theodolite 
acquired more than 5 years prior to the date this petition became final 
and any total station or other electronic surveying equipment acquired 
more than 10 years prior to the date this petition became final. After 
5 years, the operator will maintain a cycle of purchasing new 
electronic surveying equipment whereby theodolites will be no older 
than 3 years from date of manufacture, and total stations and other 
electronic surveying equipment will be no older than 10 years from date 
of manufacture. All non-permissible electronic total stations and 
theodolites acquired under this retirement criteria shall have an IP 
rating of 66 or greater.
    (c) The operator is responsible for ensuring that all surveying 
contractors hired by the operator use electronic equipment in 
accordance with the requirements of this petition. The conditions of 
use apply to all non-permissible electronic surveying equipment within 
150 feet of pillar workings regardless of whether the equipment is used 
by the operator or by an independent contractor.
    (d) The operator will maintain an electric surveying equipment 
logbook with the equipment, where mine record books are kept, or where 
surveying record books are kept. The logbook will contain the date of 
manufacture and/or purchase of each piece of electronic

[[Page 72637]]

surveying equipment. The logbook shall be made available to MSHA upon 
request.
    (e) All non-permissible electronic surveying equipment to be used 
within 150 feet of pillar workings shall be examined by the person who 
will operate the equipment prior to taking the equipment underground to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations shall include:
    1. Check the instrument for any physical damage and the integrity 
of the case;
    2. Remove the battery and inspect for corrosion;
    3. Inspect the contact points to ensure a secure connection to the 
battery;
    4. Reinsert the battery and power up and shut down to ensure proper 
connections; and
    5. Check the battery compartment cover or battery attachment to 
ensure it is securely fastened.
    (f) The equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153, and the examination results shall 
be recorded weekly in the equipment's logbook. Examination entries in 
the logbook may be expunged after 1 year.
    (g) The operator is to ensure that all non-permissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and shall include a description of the work performed.
    (h) Non-permissible surveying equipment that will be used within 
150 feet of pillar workings shall 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.
    (i) Non-permissible surveying equipment shall not be used if 
methane is detected in concentrations at or above 1.0 percent. When 1.0 
percent or more of methane is detected while the non-permissible 
surveying equipment is being used, the equipment shall be de-energized 
immediately and the non-permissible electronic equipment withdrawn more 
than 150 feet from pillar workings. Prior to entering within 150 feet 
of pillar workings, all requirements of 30 CFR 75.323 shall be complied 
with.
    (j) As an additional safety check, prior to setting up and 
energizing non-permissible electronic surveying equipment within 150 
feet of pillar workings, the surveyor(s) shall conduct a visual 
examination of the immediate area for evidence that the areas appear to 
be sufficiently rock-dusted and for the presence of accumulated float 
coal dust. If the rock-dusting appears insufficient or accumulated 
float coal dust is observed, the equipment may not be energized until 
sufficient rock dust has been applied and/or the accumulation of float 
coal dust has been cleaned-up. If non-permissible electronic surveying 
equipment is to be used in an area that is not rock dusted within 40 
feet of a working face where a continuous mining machine is used to 
extract coal, the area shall have sufficient rock dust applied prior to 
energizing the electronic surveying equipment.
    (k) All hand-held methane detectors shall be MSHA-approved and will 
be maintained in permissible and proper operating condition as defined 
by 30 CFR 75.320. All methane detectors shall provide visual and 
audible warnings when methane is detected at or above 1.0 percent.
    (l) Prior to energizing any non-permissible surveying equipment 
within 150 feet of pillar workings, methane tests shall be made in 
accordance with 30 CFR 75.323(a).
    (m) All areas to be surveyed shall be pre-shift examined according 
to 30 CFR 75.360 prior to surveying. If the area was not pre-shift 
examined, a supplemental examination according to 30 CFR 75.361 shall 
be performed before any non-certified person enters the area. If the 
area has been examined according to 30 CFR 75.360 or 30 CFR 75.361, 
additional examination is not required.
    (n) A qualified person as defined in 30 CFR 75.151 shall 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut. A second person in the surveying crew, if there are two 
people in the crew, shall also continuously monitor for methane. That 
person shall 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 have 
yet to make such tests for a period of 6 months as required by 30 CFR 
75.150. Upon completion of the 6-month training period, the second 
person on the surveying crew shall become qualified in order to 
continue on the surveying crew. If the surveying crew consists of only 
one person, the surveyor shall monitor for methane with two separate 
devices.
    (o) Personnel engaged in the use of surveying equipment shall be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (p) Batteries contained in the surveying equipment shall be changed 
out or charged more than 150 feet from pillar workings. Replacement 
batteries for the surveying equipment shall be carried only in the 
compartment provided for a spare battery in the electronic equipment 
carrying case. Before each shift of surveying, all batteries for the 
surveying equipment shall be charged sufficiently that they are not 
expected to be replaced on that shift.
    (q) When using non-permissible electronic surveying equipment 
within 150 feet of the pillar workings, the surveyor shall confirm by 
measurement or by inquiry of the person in charge of the section that 
the air quantity on the section, on that shift, is at least the minimum 
quantity that is required by the mine's ventilation plan.
    (r) Non-permissible surveying equipment may be used when production 
is occurring subject to these conditions:
    1. On a mechanized mining unit (MMU) where production is occurring, 
non-permissible electronic surveying equipment shall 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 may continue while non-permissible electronic 
surveying equipment is used if the surveying equipment is used in a 
separate split of air from where production is occurring.
    3. Non-permissible surveying equipment shall 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 shall cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production shall stop while 
ventilation is disrupted. Ventilation controls shall be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans and other 
applicable laws, standards, or regulations.
    5. Any disruption in ventilation shall be recorded in the logbook 
required by this petition. The logbook shall include a description of 
the nature of the disruption, the location of the disruption, the date 
and time of the disruption, the date and time the surveyor communicated 
the disruption

[[Page 72638]]

to the section foreman, the date and time production ceased, the date 
and time ventilation was reestablished, and the date and time 
production resumed.
    (s) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
shall receive training on the terms and conditions of this petition 
before using non-permissible electronic equipment within 150 feet of 
the pillar workings. A record of the training shall be kept with the 
other training records and provided to MSHA upon request.
    (t) Within 60 days after this petition becomes final, the operator 
shall submit proposed revisions for its approved 30 CFR part 48 
training plans to the District Manager. These proposed revisions shall 
specify initial and refresher training regarding the terms and 
conditions stated in this petition. When training is conducted, an MSHA 
Certificate of Training (Form 5000-23) shall be completed indicating 
surveyor training.
    Docket Number: M-2021-041-C.
    Petitioner: Bronco Utah Operations LLC, Hwy 10 South 550 West 
Consol Road, P.O. Box 527, Emery, Utah 84522.
    Mine: Emery Mine, MSHA ID No. 42-00079, located in Emery County, 
Utah.
    Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible diesel-
powered equipment; design and performance requirements.
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of the Getman Roadbuilder RGD-1504, 
serial number 6946, (roadbuilder) a diesel-powered, six-wheeled road 
grader. It has dual brake systems on the four rear wheels that are 
designed to prevent loss of braking due to a single component failure; 
however, it is not equipped with brakes on the front wheels.
    The petitioner proposes an alternative method of compliance, in 
lieu of the front wheel brakes, on the roadbuilder that will be used at 
the Emery Mine.
    (a) The roadbuilder will be modified to ensure that its maximum 
speed shall be limited to 10 miles per hour (mph) by:
    1. Permanently blocking out any gear ratio that allows speeds 
faster than 10 mph in both forward and reverse; and
    2. Using transmission(s) and differential(s) geared in accordance 
with the equipment manufacturer's instructions that limit(s) the 
maximum speed to 10 mph.
    (b) The roadbuilder operators will be trained to recognize:
    1. Appropriate levels of speed for different road conditions and 
slopes;
    2. When to lower the moldboard (grader blade) to provide additional 
stopping capability in emergencies; and
    3. The transmission gear-blocking device, or methods to block 
gears, and their proper application and requirements.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-27655 Filed 12-21-21; 8:45 am]
BILLING CODE 4520-43-P