[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81942-81949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23373]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0088]
Proposed Extension of Information Collection; Ventilation Plans,
Tests, and Examinations in Underground Coal Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the general public and
Federal agencies with an opportunity to comment on proposed collections
of information, in accordance with the Paperwork Reduction Act of 1995.
This program helps to ensure that requested data can be provided in the
desired format, reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and the
impact of collection requirements on respondents can be properly
assessed. The Mine Safety and Health Administration (MSHA) is
soliciting comments on the information collection entitled Ventilation
Plans, Tests, and Examinations in Underground Coal Mines.
DATES: All comments must be received on or before December 9, 2024.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that late comments received after the deadline will not be
considered.
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments for docket
number MSHA-2024-0022.
Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment.
MSHA will post all comments as well as any attachments,
except for information submitted and marked as confidential, in the
docket at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of
Standards, Regulations, and Variances, MSHA, at
[email protected] (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
Section 103(h) of the Federal Mine Safety and Health Act of 1977
(Mine Act) as amended, 30 U.S.C. 813(h), authorizes the Mine Safety and
Health Administration (MSHA) to collect information necessary to carry
out its duty in protecting the safety and health of miners. Further,
section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the
Secretary of Labor (Secretary) to develop, promulgate, and revise, as
may be appropriate, improved mandatory health or safety standards for
the protection of life and prevention of injuries in coal, metal, and
nonmetal mines.
B. Information Collection
In order to fulfill the statutory mandates to promote miners'
health and safety, MSHA requires the collection of information under
the information collection request entitled Ventilation Plans, Tests,
and Examinations in Underground Coal Mines. The information collection
is intended to ensure that required ventilation-related tests and
examinations are made and that ventilation systems in underground coal
mines are maintained.
Section 303(a) of the Mine Act, 30 U.S.C. 863(a), requires that all
underground coal mines be ventilated by mechanical ventilation
equipment installed and operated in a manner approved by an authorized
representative of the Secretary and that such equipment be examined
daily, and a record be kept of such examination.
Underground coal mines present potentially harsh and hostile
working environments. The mine ventilation system is the most vital
life support system in underground mining and a properly operating
ventilation system is essential for maintaining a safe and healthy
working environment. Lack of
[[Page 81943]]
adequate ventilation in underground mines can result in fatalities from
asphyxiation and explosions.
An underground mine is a series of tunnels that must be adequately
ventilated with fresh air to provide a safe environment for miners.
Methane, and other noxious gases and dusts are liberated from the
strata during blasting, operating diesel equipment, and from other
mining activities. The explosive and noxious gases and dusts must be
diluted, rendered harmless, and carried to the surface by the
ventilating currents. Sufficient air must be provided to maintain the
level of respirable dust at or below specific exposure limits and air
quality must be maintained in accordance with MSHA standards.
Mechanical ventilation equipment of sufficient capacity must be
operating at all times while miners are in the mine. Additionally,
ground conditions are subject to frequent changes; thus, frequent tests
and examinations are necessary to ensure the integrity of the
ventilation system and to detect any changes that may require
adjustments to the system.
Records of tests and examinations are necessary to ensure that the
ventilation system is being maintained and changes that could adversely
affect the integrity of the ventilation system or the safety of the
miners are not occurring. These examination, reporting, and
recordkeeping requirements found in 30 CFR 75.310, 75.312, 75.342,
75.351, 75.360 through 75.364, 75.370, 75.371, and 75.382 incorporate
examinations of other critical aspects of the underground coal mine
work environment such as roof conditions and electrical equipment, that
have historically caused numerous fatalities when not properly
maintained and operated.
1. Installation of Main Mine Fans (30 CFR 75.310)
Maintaining proper ventilation is essential to miner safety. To
ensure that ventilation systems are functioning properly, MSHA requires
that main mine fan monitoring system records be continuously collected
and reviewed on the surface by a responsible person designated by the
operator with adequate communication channels, under 30 CFR
75.310(a)(4) and (c).
Under 30 CFR 75.310(a)(4), mine operators are required to equip
each main mine fan with a pressure recording device or system. If a
device or system other than a circular pressure recorder is used to
monitor main mine fan pressure, the device or system used must provide
a continuous graph or continuous chart of the pressure as a function of
time. At not more than 7-day intervals, a hard copy of the continuous
graph or chart must be generated, or the record of the fan pressure
must be stored electronically. When records of fan pressure are stored
electronically, the system used to store these records must be secure,
not susceptible to alteration, and be capable of storing the required
data. Records of the fan pressure must be retained at a surface
location at the mine for at least 1 year and be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
Under 30 CFR 75.310(c), if a main mine fan monitoring system is
used under section 75.312, the system must:
(1) record the mine ventilating pressure;
(2) monitor bearing temperature, revolutions per minute, vibration,
electric voltage, and amperage;
(3) provide a printout of the monitored parameters, including the
mine ventilating pressure within a reasonable period, not to exceed the
end of the next scheduled shift during which miners are underground;
and
(4) be equipped with an automatic device that signals when an
electrical or mechanical deficiency exists in the monitoring system or
a sudden increase or loss in mine ventilating pressure occurs.
Under 30 CFR 75.310(c)(5), the main mine fan monitoring system must
provide monitoring, records, printouts, and signals required by
paragraphs (c)(1) through (c)(4) at a surface location at the mine
where a responsible person designated by the operator is always on duty
and where signals from the monitoring system can be seen or heard while
anyone is underground. This person must be provided with two-way
communication with the working sections and workstations where persons
are routinely assigned to work for the majority of a shift.
2. Main Mine Fan Examinations and Records (30 CFR 75.312)
Main mine fans are used in all underground coal mines and can move
large volumes of air through mines to expel methane and other noxious
gases. These mine fan systems are integral to maintaining air quality
to ensure miners' health and safety.
2-1. Main Mine Fan Daily Examinations and Records (30 CFR 75.312(a) and
(g)(1))
To ensure that main mine fans are functioning properly, each main
mine fan and its components must be examined each day that the mine is
operational, and the records must be documented.
Under 30 CFR 75.312(a), to assure their electrical and mechanical
reliability, each main mine fan and its associated components,
including devices for measuring or recording mine ventilation pressure,
must be examined for proper operation by a trained person designated by
the operator. Examinations of main mine fans must be made at least once
each day that the fan operates, unless a fan monitoring system is used.
No examination is required on any day when no one, including certified
persons, goes underground, except that an examination must be completed
prior to anyone entering the mine.
Under 30 CFR 75.312(g)(1), by the end of the shift on which the
examination is made, persons making main mine fan examinations must
record all uncorrected defects that may affect the operation of the fan
that are not corrected by the end of that shift. Records must be
maintained in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
2-2. Main Mine Fan at Use Examination and Records (30 CFR 75.312(b) and
(g)(2))
Regular review of the fan monitoring system data is important to
miner health and safety so that any issues can be averted in a timely
manner. A trained individual must review data on the main mine fan
monitoring system daily, examine each main mine fan every 7 days,
create certified copies of the data, and make records of any
malfunction that occurs. These are required under 30 CFR 75.312(b) and
(g)(2).
Under 30 CFR 75.312(b)(1)(i), if a main mine fan monitoring system
is used, a trained person designated by the operator must at least once
each day review the data provided by the fan monitoring system to
assure that the fan and the fan monitoring system are operating
properly. No review is required on any day when no one, including
certified persons, goes underground, except that a review of the data
must be performed prior to anyone entering the underground portion of
the mine. Data reviewed must include the fan pressure, bearing
temperature, revolutions per minute, vibration, electric voltage, and
amperage.
Under 30 CFR 75.312(b)(1)(ii), a trained person must at least every
7 days test the monitoring system for proper operation and examine each
main mine fan and its associated components to assure electrical and
[[Page 81944]]
mechanical reliability of main mine fans. Under 30 CFR 75.312(b)(2), if
the monitoring system malfunctions, the malfunction must be corrected,
or examined by a trained person as defined in 75.312(a).
Under 30 CFR 75.312(g)(2)(i), when a fan monitoring system is used
in lieu of the daily fan examination, the certified copies of data
produced by fan monitoring systems must be maintained separate from
other computer-generated reports or data. Under 30 CFR 75.312(g)(2)(ii)
a record must be made of any fan monitoring system malfunctions,
electrical or mechanical deficiencies in the monitoring system and any
sudden increase or loss in mine ventilating pressure. The record must
be made by the end of the shift on which the review of the data is
completed and must be maintained in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration.
2-3. Main Mine Fan Monthly Examination and Records (30 CFR 75.312(c),
(d) and (g)(3))
To ensure that the automatic fan signal device and automatic doors
on each main mine fan are working, mine operators must test these
systems monthly by those qualified to do so. This testing is required
under 30 CFR 75.312(c) and (d), and the record of that test is required
under 30 CFR 75.312(g)(3).
Under 30 CFR 75.312(c) and (d), at least every 31 days, the
automatic fan signal device for each main mine fan and automatic
closing doors in multiple main mine fan systems must be tested by
stopping the fan. Only persons necessary to evaluate the effect of the
fan stoppage or restart, or to perform maintenance or repair work that
cannot otherwise be made while the fan is operating, is permitted
underground. Notwithstanding the provisions of section 75.311,
underground power may remain energized during this test provided no one
is underground. If the fan is not restarted within 15 minutes,
underground power must be deenergized and no one is allowed to enter
any underground area of the mine until the fan is restarted and an
examination of the mine is conducted as described in paragraphs 75.360
(b) through (e) and the mine has been determined to be safe.
Under 30 CFR 75.312(g)(3), by the end of the shift on which the
monthly test of the automatic fan signal device or the automatic
closing doors is completed, persons making these tests must record the
results of the tests. Records must be maintained in a secure book that
is not susceptible to alteration or electronically in a computer system
so as to be secure and not susceptible to alteration.
2-4. Certification (30 CFR 75.312(f)(1) and (f)(2))
Documentation of main mine fan examinations must be kept under 30
CFR 75.312(f)(1) along with documentation of the data review from the
main mine fan monitoring system under 30 CFR.312(f)(2).
Under 30 CFR 75.312(f)(1), persons making main mine fan
examinations must certify by initials and date at the fan or another
location specified by the operator that the examinations were made.
Each certification must identify the main mine fan examined.
Under 30 CFR 75.312(f)(2), persons reviewing data produced by a
main mine fan monitoring system must certify by initials and date on a
printed copy of the data from the system that the review was completed.
In lieu of certification on a copy of the data, the person reviewing
the data may certify electronically that the review was completed.
Electronic certification must be by handwritten initials and date in a
computer system so as to be secure and not susceptible to alteration.
2-5. Retention Periods (30 CFR 75.312(h))
Mine records must be retained for 1 year so that issues can be
properly investigated if needed. Under 30 CFR 75.312(h), records,
including records of mine fan pressure and the certified copies of data
produced by fan monitoring systems, must be retained at a surface
location at the mine for at least 1 year and must be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
3. Methane Monitors (30 CFR 75.342(a))
Methane monitors are an important warning system throughout mines
and must be installed and maintained in order to ensure miner safety.
Under 30 CFR 75.342(a)(1), MSHA approved methane monitors must be
installed on all face cutting machines, continuous miners, longwall
face equipment, loading machines, and other mechanized equipment used
to extract or load coal within the working place.
Under 30 CFR 75.342(a)(4), methane monitors must be maintained in
permissible and proper operating condition and must be calibrated with
a known air-methane mixture at least once every 31 days. To assure that
methane monitors are properly maintained and calibrated, the operator
must:
(i) Use persons properly trained in the maintenance, calibration,
and permissibility of methane monitors to calibrate and maintain the
devices.
(ii) Maintain a record of all calibration tests of methane
monitors. Records must be maintained in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration.
(iii) Retain the record of calibration tests for 1 year from the
date of the test. Records must be retained at a surface location at the
mine and made available for inspection by authorized representatives of
the Secretary and the representative of miners.
4. Atmospheric Monitoring Systems (30 CFR 75.351)
Regular documentation of the atmospheric monitoring system is
necessary due to the importance of the Atmospheric Monitoring System
(AMS) to miner safety and health. Regular maintenance and any signals
or malfunctions must be recorded, and operators must be trained on an
annual basis.
Under 30 CFR 75.351(o)(1), when an AMS is used to comply with 30
CFR 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b),
75.350(d), or 75.362(f), individuals designated by the mine operator
must make the following records by the end of the shift in which the
following event(s) occur:
(i) If an alert or alarm signal occurs, a record of the date, time,
location and type of sensor, and the cause for the activation.
(ii) If an AMS malfunctions, a record of the date, the extent and
cause of the malfunction, and the corrective action taken to return the
system to proper operation.
(iii) A record of the seven-day tests of alert and alarm signals;
calibrations; and maintenance of the AMS must be made by the person(s)
performing these actions.
Under 30 CFR 75.351(o)(2), the person entering the record must
include their name, date, and signature in the record. Under 30 CFR
75.351(o)(3), the records required by this section must be kept either
in a secure book that is not susceptible to alteration, or
electronically in a computer system that is secure and not susceptible
to alteration. These records must be maintained separately from other
records and identifiable by a title, such as the `AMS log.'
Under 30 CFR 75.351(p), records must be retained for at least 1
year at a surface
[[Page 81945]]
location at the mine and made available for inspection by miners and
authorized representatives of the Secretary.
Under 30 CFR 75.351(q)(1), all AMS operators must be trained
annually in the proper operation of the AMS, conducted as part of a
miner's part 48 new miner training (30 CFR 48.5), experienced miner
training (30 CFR 48.6), or annual refresher training (30 CFR 48.8).
Recordkeeping requirements related to training records requirements are
covered in two currently approved ICRs under:
OMB Control Number 1219-0009, Certificate of Training,
which covers miners working in underground mines (30 CFR part 48
Subpart A) and surface mines and surface areas of underground mines (30
CFR part 48 Subpart B).
OMB Control Number 1219-0131, Training Plans, New Miner
Training, Newly-hired Experienced Miner Training, which covers miners
engaged in shell dredging or employed at sand, gravel, surface stone,
surface clay, colloidal phosphate, or surface limestone mines (30 CFR
part 46).
5. Preshift Examinations at Fixed Intervals (30 CFR 75.360)
Examining the work area where miners will work or travel
underground is imperative to establishing a safe work environment. In
most cases, a work area must be examined by a certified person within 3
hours of the start of a shift, though there are exceptions.
Documentation of hazardous conditions and any violations must be
documented before any non-certified individuals enter the underground
area.
Under 30 CFR 75.360(a)(1), except as provided in paragraph (a)(2)
of this section, a certified person designated by the operator must
make a preshift examination within 3 hours preceding the beginning of
any 8-hour interval during which any person is scheduled to work or
travel underground. No person other than certified examiners may enter
or remain in any underground area unless a preshift examination has
been completed for the established 8-hour interval. The operator must
establish 8-hour intervals of time subject to the required preshift
examinations.
Under 30 CFR 75.360(a)(2), preshift examinations of areas where
pumpers are scheduled to work or travel are not required prior to the
pumper entering the areas if the pumper is a certified person and the
pumper conducts an examination for hazardous conditions and violations
of the mandatory health or safety standards referenced in paragraph
(b)(11) of this section, tests for methane and oxygen deficiency, and
determines if the air is moving in its proper direction in the area
where the pumper works or travels. The examination of the area must be
completed before the pumper performs any other work. A record of all
hazardous conditions and violations of the mandatory health or safety
standards found by the pumper must be made and retained in accordance
with 30 CFR 75.363.
Under 30 CFR 75.360(b), the person conducting the preshift
examination must examine for hazardous conditions and violations of the
mandatory health or safety standards referenced in paragraph (b)(11) of
this section, test for methane and oxygen deficiency, and determine if
the air is moving in its proper direction at the locations described in
sections 30 CFR 75.360(b)(1) through (10).
Under 30 CFR 75.360(f), at each working place examined, the person
doing the preshift examination must certify by initials, date, and the
time, that the examination was made. In areas required to be examined
outby a working section, the certified person must certify by initials,
date, and the time at enough locations to show that the entire area has
been examined.
Under 30 CFR 75.360(g), a record of the results of each preshift
examination, including a record of hazardous conditions and violations
of the nine mandatory health or safety standards and their locations
found by the examiner during each examination, and of the results and
locations of air and methane measurements, must be made on the surface
before any persons, other than certified persons conducting
examinations required by this subpart, enter any underground area of
the mine. The results of methane tests must be recorded as the
percentage of methane measured by the examiner. The record must be made
by the certified person who made the examination or by a person
designated by the operator. If the record is made by someone other than
the examiner, the examiner must verify the record by initials and date
by or at the end of the shift for which the examination was made. A
record must also be made by a certified person of the action taken to
correct hazardous conditions and violations of mandatory health or
safety standards found during the preshift examination. All preshift
and corrective action records must be countersigned by the mine foreman
or equivalent mine official by the end of the mine foreman's or
equivalent mine official's next regularly scheduled working shift. The
records required by this section must be made in a secure book that is
not susceptible to alteration or electronically in a computer system so
as to be secure and not susceptible to alteration.
Under 30 CFR 75.360(h), these records must be retained at a surface
location at the mine for at least 1 year and be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
6. On-Shift Examinations (30 CFR 75.362)
During periods of multiple shifts, several examinations must take
place between shifts or shortly after a shift change. Examinations for
respirable dust controls, hazardous conditions and violations of
mandatory health or safety standards, methane and oxygen deficiency,
and proper air movement must take place and be certified and
countersigned by the mine foreman.
6-1. On-Shift Examinations for Hazardous Conditions (30 CFR
75.362(a)(1))
Under 30 CFR 75.362(a)(1), at least once during each shift, or more
often if necessary for safety, a certified person designated by the
operator must conduct an on-shift examination of each section where
anyone is assigned to work during the shift and any area where
mechanized mining equipment is being installed or removed during the
shift. The certified person must check for hazardous conditions and
violations of the mandatory health or safety standards referenced in
paragraph (a)(3) of this section, test for methane and oxygen
deficiency, and determine if the air is moving in its proper direction.
6-2. On-Shift Examinations for Respirable Dust (30 CFR 75.362(a)(2))
Under 30 CFR 75.362(a)(2), a person designated by the operator must
conduct an examination and record the results and the corrective
actions taken to assure compliance with the respirable dust control
parameters specified in the approved mine ventilation plan. In those
instances when a shift change is accomplished without an interruption
in production on a section, the examination must be made anytime within
1 hour after the shift change. In those instances when there is an
interruption in production during the shift change, the examination
must be made before production begins on a section. Deficiencies in
dust controls must be corrected before production begins or resumes.
The examination must include: Air quantities and velocities; water
pressures and flow rates; excessive leakage in the water delivery
system; water spray numbers
[[Page 81946]]
and orientations; section ventilation and control device placement;
roof bolting machine dust collector vacuum levels; scrubber air flow
rate; work practices required by the ventilation plan; and any other
dust suppression measures. Measurements of the air velocity and
quantity, water pressure and flow rates are not required if continuous
monitoring of these controls is used and indicates that the dust
controls are functioning properly.
6-3. Certification (30 CFR 75.362(g))
Documentation of on-shift examinations in belt haulage entries must
be made and retained under 30 CFR 75.362(g).
Under 30 CFR 75.362(g)(1), the person conducting the on-shift
examination in belt haulage entries must certify by initials, date, and
time that the examination was made. The certified person must certify
by initials, date, and the time at enough locations to show that the
entire area has been examined.
Under 30 CFR 75.362(g)(2), the certified person directing the on-
shift examination to assure compliance with the respirable dust control
parameters specified in the approved mine ventilation plan must:
(i) Certify by initials, date, and time on a board maintained at
the section load-out or similar location showing that the examination
was made prior to resuming production; and
(ii) Verify, by initials and date, the record of the results of the
examination required under (a)(2) of this section to assure compliance
with the respirable dust control parameters specified in the mine
ventilation plan. The verification must be made no later than the end
of the shift for which the examination was made.
Under 30 CFR 75.362(g)(3), the mine foreman or equivalent mine
official must countersign each examination record required under (a)(2)
of this section after it is verified by the certified person under
(g)(2)(ii) of this section, and no later than the end of the mine
foreman's or equivalent mine official's next regularly scheduled
working shift. The record must be made in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration.
Under 30 CFR 75.362(g)(4), records must be retained at a surface
location at the mine for at least 1 year and must be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
7. Supplemental Examinations for Hazardous Conditions and Violations of
Mandatory Health or Safety Standards (30 CFR 75.361 and 75.363)
Supplemental examinations must be made when violations and
hazardous conditions are identified during regular examinations.
Hazardous conditions that are identified must be posted with a danger
sign until the conditions are corrected. Records of these incidents
must be made by a certified individual or other authorized individual
and must be kept for 1 year.
7-1. Supplemental Examination for Hazardous Conditions (30 CFR 75.361
and 75.363(a))
Under 30 CFR 75.361(a)(1), except for certified persons conducting
examinations required by this subpart, within 3 hours before anyone
enters an area in which a preshift examination has not been made for
that shift, a certified person must examine the area for hazardous
conditions and violations of the mandatory health or safety standards
referenced in paragraph (a)(2) of this section, determine whether the
air is traveling in its proper direction and at its normal volume, and
test for methane and oxygen deficiency.
Under 30 CFR 75.361(a)(2) supplemental examinations must include
examinations to identify violations of the standards listed below: roof
control; ventilation, methane; accumulations of combustible materials
and application of rock dust; other safeguards, limited to maintenance
of travelways along belt conveyors, off track haulage roadways, and
track haulage, track switches, and other components for haulage;
guarding moving machine parts; and maintenance of belt conveyor
components.
Under 30 CFR 75.361(b), at each working place examined, the person
making the supplemental examination must certify by initials, date, and
the time, that the examination was made. In areas required to be
examined outby a working section, the certified person must certify by
initials, date, and the time at enough locations to show that the
entire area has been examined.
Under 30 CFR 75.363(a), any hazardous condition found by the mine
foreman or equivalent mine official, assistant mine foreman or
equivalent mine official, or other certified persons designated by the
operator for the purposes of conducting examinations under this subpart
D--Ventilation, must be posted with a conspicuous danger sign where
anyone entering the areas would pass. A hazardous condition must be
corrected immediately or the area must remain posted until the
hazardous condition is corrected. If the condition creates an imminent
danger, everyone except those persons referred to in section 104(c) of
the Mine Act must be withdrawn from the area affected to a safe area
until the hazardous condition is corrected. Only persons designated by
the operator to correct or evaluate the hazardous condition may enter
the posted area. Any violation of a mandatory health or safety standard
found during a preshift, supplemental, on-shift, or weekly examination
must be corrected.
7-2. Violations of Mandatory Health or Safety Standards (30 CFR
75.363(b))
Under 30 CFR 75.363(b), a record must be made of any hazardous
condition and any violation of the nine mandatory health or safety
standards found by the mine examiner. This record must be kept in a
book maintained for this purpose on the surface at the mine. The record
must be made by the completion of the shift on which the hazardous
condition or violation of the nine mandatory health or safety standards
is found and must include the nature and location of the hazardous
condition or violation and the corrective action taken. This record is
not required for shifts when no hazardous conditions or violations of
the nine mandatory health or safety standards are found.
7-3. Recordkeeping and Retention (30 CFR 75.363(c) and (d))
Under 30 CFR 75.363(c), the record must be made by the certified
person who conducted the examination or a person designated by the
operator. If made by a person other than the certified person, the
certified person must verify the record by initials and date by or at
the end of the shift for which the examination was made. Records must
be countersigned by the mine foreman or equivalent mine official by the
end of the mine foreman's or equivalent mine official's next regularly
scheduled working shift. The record must be made in a secure book that
is not susceptible to alteration or electronically in a computer system
so as to be secure and not susceptible to alteration.
Under 30 CFR 75.363(d), records must be retained at a surface
location at the mine for at least 1 year and must be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
[[Page 81947]]
8. Weekly Examinations (30 CFR 75.364)
Weekly examinations are another component of keeping miners safe
and healthy. Examinations of unsealed worked-out areas must include the
measurements of methane and oxygen concentrations and other
measurements such as air quantity. The results of the examinations must
be recorded before the end of the shift during which they were
performed. In addition, hazardous conditions examinations must take
place weekly, and any hazardous conditions identified must be corrected
immediately. If the hazard poses danger, all unnecessary individuals
must be removed from the area. Finally, the records of these
examinations must be recorded and certified.
8-1. Weekly Examination of Worked-Out Areas (30 CFR 75.364(a) and (h))
Under 30 CFR 75.364(a)(1), at least every 7 days, a certified
person must examine unsealed worked-out areas where no pillars have
been recovered by traveling to the area of deepest penetration;
measuring methane and oxygen concentrations and air quantities and
making tests to determine if the air is moving in the proper direction
in the area. The locations of measurement points where tests and
measurements will be performed must be included in the mine ventilation
plan and must be adequate in number and location to assure ventilation
and air quality in the area. Air quantity measurements must also be
made where the air enters and leaves the worked-out area. An
alternative method of evaluating the ventilation of the area may be
approved in the ventilation plan.
Under 30 CFR 75.364(h), at the completion of any shift during which
a portion of a weekly examination is conducted, a record of the results
of each weekly examination, including a record of hazardous conditions
and violations of the nine mandatory health or safety standards found
during each examination and their locations, the corrective action
taken, and the results and location of air and methane measurements,
must be made. The results of methane tests must be recorded as the
percentage of methane measured by the examiner. The record must be made
by the person making the examination or a person designated by the
operator. If made by a person other than the examiner, the examiner
must verify the record by initials and date by or at the end of the
shift for which the examination was made. The record must be
countersigned by the mine foreman or equivalent mine official by the
end of the mine foreman's or equivalent mine official's next regularly
scheduled working shift. The records required by this section must be
made in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
8-2. Weekly Examination of Hazardous Conditions (30 CFR 75.364(b) and
(d))
Under 30 CFR 75.364(b), at least every 7 days, an examination for
hazardous conditions and violations of the mandatory health or safety
standards referenced in paragraph (b)(8) of this section must be made
by a certified person designated by the operator at locations listed in
paragraphs (b)(1) through (b)(7) of this section.
Under 30 CFR 75.364(d), hazardous conditions must be corrected
immediately. If the condition creates an imminent danger, everyone
except those persons referred to in section 104(c) of the Mine Act must
be withdrawn from the area affected to a safe area until the hazardous
condition is corrected. Any violation of the nine mandatory health or
safety standards found during a weekly examination must be corrected.
8-3. Certification, Recordkeeping and Retention (30 CFR 75.363(g), (h),
and (i))
Under 30 CFR 75.364(g), the person making the weekly examinations
must certify by initials, date, and the time that the examination was
made. Certifications and times must appear at enough locations to show
that the entire area has been examined.
Under 30 CFR 75.364(i), records must be retained at a surface
location at the mine for at least 1 year and must be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
9. Submission and Approval of Mine Ventilation Plan (30 CFR 75.370 and
75.371)
Mine operators must create a written ventilation plan for each mine
to control methane and respirable dust. The written plan must be
approved by the district manager along with any revisions. To best
protect miners, the ventilation plan must be given to the
representative of miners at least 5 days before submitting the plan and
allowed feedback from the representative. Finally, the plan must be
approved by the district manager and reviewed by MSHA every 6 months.
9-1. Mine Ventilation Plans (30 CFR 75.370(a)(1) and (2))
Under 30 CFR 75.370(a)(1), the mine operator must develop and
follow a ventilation plan approved by the district manager. The plan
must be designed to control methane and respirable dust and must be
suitable to the conditions and mining system at the mine. The
ventilation plan must consist of two parts, the plan content as
prescribed in 30 CFR 75.371 and the ventilation map with information as
prescribed in section 75.372. Only that portion of the map which
contains information required under 30 CFR 75.371 will be subject to
approval by the district manager.
Under 30 CFR 75.370(a)(2), the proposed ventilation plan and any
revision to the must be submitted in writing to the district manager.
When revisions to a ventilation plan are proposed, only the revised
pages, maps, or sketches of the plan need to be submitted. When
required in writing by the district manager, the operator must submit a
fully revised plan by consolidating the plan and all revisions in an
orderly manner and by deleting all outdated material.
9-2. Mine Ventilation Plan Contents for Diesel-Powered Equipment (30
CFR 75.371)
The contents of mine ventilation plan are described in detail in 30
CFR 75.371. Mine operators utilizing diesel-powered equipment in
underground coal mines must submit to the appropriate MSHA District
Manager a revised ventilation plan or appropriate amendments to the
existing plan, in accordance with requirements in 30 CFR 75.325 (air
quality) and 70.1900 (exhaust gas monitoring) for approval.
If diesel-powered equipment is used in underground coal mines, the
mine ventilation plan must include the following information:
(1) The minimum quantity of air that will be provided during the
installation and removal of mechanized mining equipment, the location
where this quantity will be provided, and the ventilation controls that
will be used (see 30 CFR 75.371(r)).
(2) Location where the air quantity will be maintained at the
section loading point (see 30 CFR 75.371(tt)).
(3) Areas designated by the district manager where measurements of
CO and NO2 concentrations will be made (see 30 CFR
75.371(ss)).
(4) Any additional location(s) required by the district manager
where a minimum air quantity must be maintained for an individual unit
of
[[Page 81948]]
diesel-powered equipment. (see 30 CFR 75.371(uu)).
(5) The minimum air quantities that will be provided where multiple
units of diesel-powered equipment are operated (see 30 CFR 75.371(vv)).
(6) The diesel-powered mining equipment excluded from the
calculation under 30 CFR 75.325(g) (see 30 CFR 75.371(ww)).
(7) Action levels higher than the 50 percent level specified by 30
CFR 70.1900(c) (see 30 CFR 75.371(xx)).
9-3. Miner Notification; Copies of Ventilation Plan Revisions 30 CFR
75.370
Under 30 CFR 75.370(a)(3), the mine operator must notify the
representative of miners at least 5 days prior to submission of a mine
ventilation plan and any revision to a mine ventilation plan. If
requested, the mine operator must provide a copy to the representative
of miners at the time of notification. In the event of a situation
requiring immediate action on a plan revision, notification of the
revision must be given, and if requested, a copy of the revision must
be provided, to the representative of miners by the operator at the
time of submittal. A copy of the proposed ventilation plan, and a copy
of any proposed revision, submitted for approval must be made available
for inspection by the representative of miners. A copy of the proposed
ventilation plan, and a copy of any proposed revision, submitted for
approval must be posted on the mine bulletin board at the time of
submittal. The proposed plan or proposed revision must remain posted
until it is approved, withdrawn or denied.
Under 30 CFR 75.370(b), following receipt of the proposed plan or
proposed revision, the representative of miners may submit timely
comments to the district manager, in writing, for consideration during
the review process. A copy of these comments must also be provided to
the operator by the district manager upon request.
Under 30 CFR 75.370(c), the district manager will notify the
operator in writing of the approval or denial of approval of a proposed
ventilation plan or proposed revision. A copy of this notification will
be sent to the representative of miners by the district manager. If the
district manager denies approval of a proposed plan or revision, the
deficiencies of the plan or revision must be specified in writing and
the operator will be provided an opportunity to discuss the
deficiencies with the district manager.
Under 30 CFR 75.370(f), the approved ventilation plan and any
revisions must be:
(i) Provided upon request to the representative of miners by the
operator following notification of approval;
(ii) Made available for inspection by the representative of miners;
and
(iii) Posted on the mine bulletin board within 1 working day
following notification of approval. The approved plan and revisions
must remain posted on the bulletin board for the period that they are
in effect.
9-4. Ventilation Plan Reviewed by MSHA (30 CFR 75.370(g))
Under 30 CFR 75.370(g), the ventilation plan for each mine must be
reviewed every 6 months by an authorized representative of the
Secretary to assure that it is suitable to current conditions in the
mine.
10. Mechanical Escape Facilities (30 CFR 75.382)
In order to ensure that mechanical escape facilities are
operational, they must be equipped with certain controls, examined
weekly during the daily examination (under 30 CFR 75.1400-3) by a
certified person and documentation of that certification must be
recorded.
Under 30 CFR 75.382(a), (b), and (c), mechanical escape facilities
must be provided with overspeed, overwind, and automatic stop controls.
Every mechanical escape facility with a platform, cage, or other device
must be equipped with brakes that can stop the fully loaded platform,
cage, or other device. Mechanical escape facilities, including
automatic elevators, must be examined weekly. The weekly examination of
this equipment may be conducted at the same time as a daily examination
required by 30 CFR 75.1400-3. The weekly examination must include an
examination of the headgear, connections, links and chains, overspeed
and overwind controls, automatic stop controls, and other facilities.
At least once each week, the hoist must be run through one complete
cycle of operation to determine that it is operating properly.
Under 30 CFR 75.382(g), the person making the examination as
required by paragraph (c) of this section must certify by initials,
date, and the time that the examination was made. Certifications must
be made at or near the facility examined.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Ventilation Plans, Tests, and Examinations in
Underground Coal Mines. MSHA is particularly interested in comments
that:
Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The information collection request will be available on https://www.regulations.gov. MSHA cautions the commenter against providing any
information in the submission that should not be publicly disclosed.
Full comments, including personal information provided, will be made
available on https://www.regulations.gov and https://www.reginfo.gov.
The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street
South, 4th Floor West, Arlington, VA 22202-5452. Before visiting MSHA
in person, call 202-693-9455 to make an appointment. Questions about
the information collection requirements may be directed to the person
listed in the FOR FURTHER INFORMATION CONTACT section of this notice.
III. Current Actions
This information collection request concerns provisions for
Ventilation Plans, Tests, and Examinations in Underground Coal Mines.
MSHA has updated the data with respect to the number of respondents,
responses, time burden, and burden costs supporting this information
collection request from the previous information collection request.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0088.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 225.
Frequency: On occasion.
[[Page 81949]]
Number of Annual Responses: 1,910,978.
Annual Time Burden: 150,674 hours.
Annual Other Burden Costs: $69,865.
Comments submitted in response to this notice will be summarized
and included in the request for Office of Management and Budget
approval of the proposed information collection request; they will
become a matter of public record and be available at https://www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-23373 Filed 10-8-24; 8:45 am]
BILLING CODE 4520-43-P