[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58769-58772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15883]


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

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

[[Page 58770]]

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 August 19, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0009 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0009.
    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, Director, 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 (Mine Act) 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 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-2024-005-C.
    Petitioner: Banner Blue Coal Company, 1073 Riverview Street, 
Grundy, VA 24614.
    Mines: Paw Paw 2 South, MSHA ID No. 44-07401, located in Buchanan 
County, Virginia; Paw Paw 2, MSHA ID No. 15-19842, located in Pike 
County, Kentucky; and Shop Branch, MSHA ID No. 15-19866, located in 
Pike County, Kentucky.
    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), to allow non-permissible battery-
powered surveying equipment to be taken into or used inby the last 
crosscut of the coal mine.
    The petitioner states that:
    (a) Both 30 CFR 75.372 and 30 CFR 75.1200 necessitate the use of 
the most practicable and accurate survey equipment in the preparation 
of mine maps.
    (b) There are currently no manufacturers of non-electric 
permissible surveying equipment that can provide the accuracy needed 
for mine mapping.
    (c) Only older, used non-electric permissible surveying equipment 
is available in limited supply.
    (d) Older non-electric permissible surveying equipment is difficult 
to service and calibrate as parts are no longer available.
    (e) Accurate surveying and mapping is critical to the health and 
safety of miners. It ensures the mine is developed as planned around 
gas wells and under streams or other geologic anomalies. It also 
provides a record of the area mined in the event of an emergency. The 
use of older non-electric permissible surveying equipment results in a 
diminution of safety to miners.
    (f) Modern battery-powered non-permissible surveying equipment is 
much more accurate than older style mechanical instruments.
    (g) Several manufacturers and models of modern battery-powered non-
permissible surveying equipment are ingress protected for dust and 
water with IP66 ratings. Intuitively, this sealing offers safety from 
methane and coal dust.
    (h) No manufacturers of modern battery-powered surveying equipment 
have pursued MSHA approval as permissible for use in or inby the last 
open crosscut due to the limited demand and use of such a surveying 
instrument.
    The petitioner proposes the following alternative method:
    (a) Surveying equipment shall consist of battery-powered non-
permissible total stations and theodolites with an ingress protection 
rating for dust and water resistance at a minimum of IP 66.
    (b) The surveying instruments proposed in the petition are the 
Sokkia Digital Theodolite DT 950 LG/PS and/or the Stonex R1 Plus.
    (c) A logbook shall be maintained for the battery-powered non-
permissible surveying equipment documenting the manufacturer, model 
number, and date of manufacture or purchase. The logbook shall be 
maintained at the mine office with other logbooks. The logbooks shall 
be made available to MSHA for inspection, upon request.
    (d) The battery-powered non-permissible surveying equipment shall 
be examined by the person operating it prior to taking it underground 
to ensure the equipment is being maintained in a safe operating 
condition. The examination shall include:
    (1) Checking the instrument for any physical damage and the 
integrity of the case;
    (2) Removing the battery and inspecting it for corrosion;
    (3) Inspecting the contact points to ensure a secure connection to 
the battery;
    (4) Reinstalling the battery, powering the instrument up, and 
shutting it 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 the examination shall be recorded in the logbook.
    (e) At least weekly, the equipment shall be examined 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 one year.
    (f) The battery-powered non-permissible surveying equipment shall 
be serviced in accordance with the manufacturer's recommendations. 
Dates of service and a description of the service shall be recorded in 
the logbook.
    (g) The battery-powered non-permissible surveying equipment shall 
not be put in service at the mine until MSHA has inspected the 
equipment and determined that it is in compliance with all the 
requirements in this petition.
    (h) 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

[[Page 58771]]

been examined according to 30 CFR 75.361, an additional examination is 
not required.
    (i) Prior to energizing any of the non-permissible surveying 
equipment in or inby the last open crosscut, methane tests shall be 
conducted in accordance with 30 CFR 75.323(a).
    (j) 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. The 
second 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 has yet to ``make such tests for a period of 6 months'' as required 
by 30 CFR 75.151. 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 one 
person, rather than two, the individual shall monitor for methane with 
two separate devices.
    (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) The battery-powered non-permissible surveying equipment shall 
not be used if methane concentrations at or above 1.0 percent are 
detected. When methane concentrations at or above 1.0 percent are 
detected while the equipment is being used, the equipment shall be de-
energized immediately and withdrawn outby the last open crosscut. Prior 
to being taken into or inby the last open crosscut all the requirements 
of 30 CFR 75.323 for excess methane shall be complied with.
    (m) 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.
    (n) When using battery-powered non-permissible electronic surveying 
equipment in or inby the last open crosscut, the surveyor shall confirm 
with the person in charge of the section that the air quantity in the 
section, on that shift, in the last open crosscut, is at least the 
minimum quantity that is required by the mine's ventilation plan.
    (o) A safety check shall be performed by the surveyor(s), prior to 
setting up and energizing non-permissible electronic equipment in or 
inby the last open crosscut of any coal mine. 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 may not be energized until sufficient rock dust has been 
applied and/or the accumulations of float coal dust has been cleaned 
up.
    (p) Batteries contained in the surveying equipment shall be 
``changed out'' in the intake air outby the last open crosscut. 
Replacement batteries for the electronic 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 electronic surveying equipment shall be charged 
sufficiently such that they are not expected to be replaced on that 
shift. Lithium ion batteries shall not be charged underground. Lithium 
ion batteries shall only be charged on the surface area of the 
underground mine.
    (q) All members of the surveying crew using battery-powered non-
permissible surveying equipment shall receive specific training on the 
terms and conditions of this plan prior to using the equipment in or 
inby the last open crosscut. A record of the training shall be kept 
with other training records.
    (r) Within 60 days after the Proposed Decision and Order (PDO) is 
granted by MSHA, the operator shall submit proposed revisions for its 
approved 30 CFR part 48 training plan to the Coal Mine Safety and 
Health District Manager. The proposed revisions shall specify initial 
and refresher training regarding the terms and conditions stated in 
this petition. The training shall be documented on a MSHA Certificate 
of Training (Form 5000-23). Comments shall be included on the 
Certificate of Training indicating that surveying training was 
completed.
    (s) Battery-powered non-permissible theodolites (Sokkia DT 950 LG/
PS) shall not be taken or used inby the last crosscut of the coal mine 
after they are five (5) years old. Battery-powered total stations 
(Stonex R1 Plus) shall not be taken or used inby the last crosscut of 
the coal mine after they are ten (10) years old. The operator shall 
maintain a cycle of purchasing new electronic surveying equipment 
whereby theodolites shall be no older than five years from the date of 
manufacture and total stations and other electronic surveying equipment 
shall be no older than 10 years from the date of manufacture.
    (t) Any surveying contractors hired by the operator that are using 
electronic equipment shall do so in accordance with the requirements of 
section (s). The conditions of use in this petition 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) Battery-powered 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 plans.
    (4) If, while surveying, a surveyor must disrupt ventilation, the 
surveyor shall cease surveying and communicate to the section foreman 
that the ventilation must be disrupted. Production must stop while 
ventilation is disrupted. Ventilation control 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 the PDO granted by MSHA. 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 foreman, section crew members and other 
personnel who shall be involved with or

[[Page 58772]]

affected by surveying operations shall receive training in accordance 
with 30 CFR 48.7 on the requirements of this plan within 60 days of the 
PDO granted by MSHA. 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 such record 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 this plan in accordance with 30 CFR 48.6. The operator 
shall keep a record of such training and provide such record to MSHA, 
upon request.
    In support of the proposed surveying equipment, the petitioner 
submitted specifications for the Sokkia Digital Theodolite DT 950 LG/PS 
and the Stonex R1 Plus.
    The petitioner asserts that the alternative method proposed in the 
petition will at all times guarantee no less than the same measure of 
protection afforded by 30 CFR 75.500(d).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-15883 Filed 7-18-24; 8:45 am]
BILLING CODE 4520-43-P