[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17874-17876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06072]


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

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-
0004 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0004.
    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-2022-037-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.
    Laurel Fork, MSHA ID No. 46-09084, located in McDowell County, West 
Virginia.
    Regulation Affected: 30 CFR 75.500(d), Permissible electric 
equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) 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 in or inby the last open crosscut.
    The petitioner states that:
    (a) To comply with requirements of 30 CFR 75.372 and 75.1200 use of 
the most practical and accurate surveying equipment is necessary.
    (b) Mechanical surveying equipment has been obsolete for several 
years. Such equipment of acceptable quality is not commercially 
available, and it is difficult, if not impossible, to have such 
equipment serviced or repaired.
    (c) Electronic surveying equipment is, at a minimum, eight to ten 
times more accurate than mechanical equipment.
    (d) The mine uses the continuous mining machine method of mining.
    (e) Accurate surveying is critical to the safety of the miners.
    (f) 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 or inby 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.

[[Page 17875]]

    (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 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.
    (d) All non-permissible electronic surveying equipment to be taken 
into or inby 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 to be taken into 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 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 outby the last open crosscut. All requirements of 30 CFR 
75.323 shall be complied with prior to being taken into or inby the 
last open crosscut.
    (i) Before setting up and energizing nonpermissible electronic 
surveying equipment in or inby 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 or inby 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 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 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 intake air 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 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, 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 or inby the last open crosscut. A 
record of the training shall be kept with the other training records.
    (r) Within 60 days after the 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 than10 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

[[Page 17876]]

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 or inby 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. 2023-06072 Filed 3-23-23; 8:45 am]
BILLING CODE 4520-43-P