[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17876-17878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06071]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: This notice is a 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 April 24, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0003 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0003.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. 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, 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.

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 (fax). [These 
are not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
(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. Petition for Modification

    Docket Number: M-2022-036-C.
    Petitioner: Ramaco Resources, LCC, P.O. Box 219, Verner, West 
Virginia 25650.
    Mine: Michael Powellton Deep Mine, MSHA ID No. 46-09602, located in 
Logan County, West Virginia.
    Crucible Deep Mine, MSHA ID No. 46-09614, located in Logan County, 
West Virginia.
    Berwind Deep Mine, MSHA ID No. 46-09533, located in McDowell 
County, West Virginia.
    Triad No. 2, MSHA ID No. 46-09628, located in McDowell County, West 
Virginia.

[[Page 17877]]

    Laurel Fork, MSHA ID No. 46-09084, located in McDowell County, West 
Virginia.
    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 30 
CFR 75.507-1(a) to permit the use of battery-powered nonpermissible 
surveying equipment, including, but not limited to, portable battery 
operated mine transits, total station surveying equipment, distance 
meters, and data loggers used in return air outby the last open 
crosscut.
    The petitioner states that:
    (a) To comply with the requirements of 30 CFR 75.372 and 75.1200, 
use of the most practical and accurate surveying equipment is 
necessary.
    (b) Accurate surveying is critical to the safety of the miners.
    (c) Underground mining by its nature, size and complexity of mine 
plans requires that accurate and precise measurements be completed in a 
prompt and efficient manner.
    The petitioner proposes the following alternative method:
    (a) Using the following total station and theodolite and similar 
low voltage battery-operated total stations and theodolites with an 
ingress protection (IP) rating of 66 or greater in return air outby the 
last open crosscut subject to the conditions of the Proposed Decision 
and Order (PDO):
    (1) Sokkia--CX-105LN.
    (b) The equipment allowed under the PDO is low voltage or battery-
powered non-permissible total stations and theodolites with an IP 
rating of 66 or greater.
    (c) The operator shall maintain a logbook for electronic surveying 
equipment with the equipment, in the location where mine record books 
are kept, or in the location where the surveying record books are kept. 
The logbook shall 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.
    (d) All non-permissible electronic surveying equipment to be used 
in the return air outby the last open crosscut shall be examined by the 
person to operate the equipment prior to taking the equipment 
underground to ensure the equipment is maintained in a safe operating 
condition. These examinations shall include:
    (1) Checking the instrument for any physical damage and the 
integrity of the case;
    (2) Removing the battery and inspecting for corrosion;
    (3) Inspecting the contact points to ensure a secure connection to 
the battery;
    (4) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (5) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    The results of this examination shall be recorded in the logbook.
    (e) The equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153; the examination results shall be 
recorded weekly in the equipment's logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator shall ensure that all non-permissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service shall be recorded in the equipment's 
logbook and shall include a description of the work performed.
    (g) The non-permissible surveying equipment that will be used in 
the return airway outby 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 the PDO.
    (h) Non-permissible surveying equipment shall not be used if 
methane is detected in concentrations at or above 1.0 percent methane. 
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 from the return airway outby the last open crosscut. All 
requirements of 30 CFR 75.323 shall be complied with prior to entering 
the return airway outby the last open crosscut.
    (i) Before setting up and energizing nonpermissible electronic 
surveying equipment in the return airway outby the last open crosscut, 
the surveyor(s) shall conduct a visual examination of the immediate 
area for evidence that the area appears to be sufficiently rock-dusted 
and for the presence of accumulated float coal dust. If the rock-
dusting appears insufficient or the presence of accumulated float coal 
dust is observed, the equipment shall not be energized until sufficient 
rock dust has been applied and/or the accumulations of float coal dust 
have been removed. If nonpermissible electronic surveying equipment is 
to be used in an area that has not been rock-dusted within 40 feet of a 
working face where a continuous mining machine is used to extract coal, 
the area shall be rock-dusted prior to energizing the electronic 
surveying equipment.
    (j) 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.
    (k) Prior to energizing any of the non-permissible surveying 
equipment in the return airway outby the last open crosscut, methane 
tests shall be made in accordance with 30 CFR 75.323(a).
    (l) All areas to be surveyed shall be pre-shifted according to 30 
CFR 75.360 prior to surveying. If the area was not pre-shifted, 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 75.361, additional examination 
is not required.
    (m) 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 the return airway outby 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 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, they shall monitor for methane with two separate devices.
    (n) Batteries contained in the surveying equipment shall be changed 
out or charged in the return airway outby the last open crosscut. 
Replacement batteries for the electronic surveying equipment shall be 
carried only in the electronic equipment carrying case spare battery 
compartment. Before each surveying shift, all batteries for the 
electronic surveying equipment shall be charged sufficiently so that 
they are not expected to be replaced on that shift.
    (o) When using non-permissible electronic surveying equipment in 
the return airway outby 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,

[[Page 17878]]

in the last open crosscut is at least the minimum quantity required by 
the mine's ventilation plan.
    (p) 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.
    (q) All members of the surveying crew shall receive specific 
training on the terms and conditions of the PDO before using non-
permissible electronic equipment in the return airway outby the last 
open crosscut. A record of the training shall be kept with the other 
training records.
    (r) Within 60 days after the granted PDO becomes final, the 
operator shall submit proposed revisions for its approved 30 CFR part 
48 training plans to the Coal Mine Safety and Health District Manager. 
These proposed revisions shall specify initial and refresher training 
regarding the terms and conditions of the PDO. When training is 
conducted on the terms and conditions of the PDO, a MSHA Certificate of 
Training (Form 5000-23) shall be completed and shall include comments 
indicating it was surveyor training.
    (s) The operator shall replace or retire from service any 
electronic surveying instrument acquired prior to December 31, 2004, 
within 1 year of the PDO becoming final. Within 3 years of the date the 
PDO becomes final, the operator shall replace or retire from service 
any theodolite acquired more than 5 years prior to the date the granted 
PDO became final and any total station or other electronic surveying 
equipment identified in the PDO acquired more than 10 years prior to 
the date the PDO became final. After 5 years, the operator shall 
maintain a cycle of purchasing new electronic surveying equipment so 
that theodolites shall be no older than 5 years from date of 
manufacture and total stations and other electronic surveying equipment 
shall be no older than 10 years from date of manufacture.
    (t) The operator is responsible for ensuring that all surveying 
contractors hired by the operator use electronic equipment in 
accordance with the requirements of the PDO. The conditions of use 
specified in the PDO shall apply to all non-permissible electronic 
surveying equipment used in the return airway outby the last open 
crosscut regardless of whether the equipment is used by the operator or 
by an independent contractor.
    (u) 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 
shall 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 the PDO. 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.
    (6) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
shall receive training in accordance with 30 CFR 48.7 on the 
requirements of the PDO within 60 days of the date the PDO becomes 
final. Such training shall be completed before any non-permissible 
surveying equipment can be used while production is occurring. The 
operator shall keep a record of such training and provide it to MSHA 
upon request.
    (7) The operator shall provide annual retraining to all personnel 
who will be involved with or affected by surveying operations in 
accordance with 30 CFR 48.8. The operator shall train new miners on the 
requirements of the PDO in accordance with 30 CFR 48.6. The operator 
shall keep a record of such training and provide it to MSHA upon 
request.
    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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-06071 Filed 3-23-23; 8:45 am]
BILLING CODE 4520-43-P