[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28454-28463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11741]
[[Page 28454]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
[Docket No. MSHA-2025-0087]
RIN 1219-AB89
Electronic Surveying Equipment in Underground Mines
AGENCY: Mine Safety and Health Administration (MSHA), Department of
Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: MSHA is proposing to allow the use of electronic surveying
equipment in high-hazard areas of underground coal mines, if the
equipment meets certain technical specifications and is operated under
specific conditions. This proposed rule would codify technical
specifications and working conditions in MSHA standards to allow the
use of electronic surveying equipment in underground gassy mines. This
proposed rule would reduce burdens on underground coal mine operators
because mine operators would no longer need to submit a petition for
modification to use non-permissible electronic surveying equipment.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: All submissions must include RIN 1219-AB89 or Docket No.
MSHA-2025-0087. You should not include personal or proprietary
information that you do not wish to disclose publicly. If you mark
parts of a comment as ``business confidential'' information, MSHA will
not post those parts of the comment. Otherwise, MSHA will post all
comments without change, including any personal information provided.
MSHA cautions against submitting personal information.
You may submit comments and informational materials, clearly
identified by RIN 1219-AB89 or Docket No. MSHA-2025-0087, by any of the
following methods:
1. Federal E-Rulemaking Portal: http://www.regulations.gov. Follow
the online instructions for submitting comments for MSHA-2025-0087.
2. Email: [email protected]. Include ``RIN 1219-AB89'' in the
subject line of the message.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
to make an appointment.
No telefacsimiles (``faxes'') will be accepted.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA at 202-693-9440
(voice). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
Electronic Surveying Equipment
Safe underground mining depends heavily on accurate and up-to-date
mapping. Not having accurate mine maps has been a contributing factor
for several mine accidents in the United States. For instance, in 2002,
there was a non-fatal entrapment accident at Quecreek Mine in
Pennsylvania, caused by a water inundation due to the use of an undated
and uncertified map that did not show the complete and final mine
workings of the abandoned mine.\1\ Through accurate maps, miners can
avoid mining at the intersections of a mine with the abandoned workings
of another mine which may contain explosive gas or a large quantity of
water.
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\1\ Mine Safety and Health Administration (MSHA). 2003. Report
of investigation: Underground coal mine nonfatal entrapment on July
22, 2002. Retrieved at: https://www.msha.gov/sites/default/files/Data_Reports/QuecreekInvestigationReport.pdf.
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An integral part of creating maps in underground mining is
surveying--measuring distances, angles, and elevations, relative to
known positions. To carry out accurate mine surveying and mapping,
operators need access to the most precise surveying technology that can
be used safely in underground mine environments, where fire and
explosion dangers abound. Modern surveying instruments are almost
universally electronic and are powered by batteries, which can ignite a
fire or explosion in a gassy mine.
The Federal Mine Safety and Health Act of 1977, as amended, (30
U.S.C. 801 et seq.) (Mine Act) requires MSHA to establish requirements
for the technical design, construction, and testing of electrical
products, including surveying equipment, that must be approved by MSHA
prior to use in gassy mines. In underground gassy mines, flammable or
explosive gases such as methane and/or float coal dust can form
explosive mixtures when combined with air. Before electronic surveying
equipment can be used in gassy mines in the U.S., it must first be
approved by MSHA.
MSHA's requirements in title 30, Code of Federal Regulations (30
CFR) part 18 ensure electric motor-driven products are designed and
manufactured so that they will not emit a spark strong enough, or
temperature sufficient to cause a fire or explosion. Those seeking MSHA
approval (applicants) are typically product designers and manufacturers
of electrical products such as surveying equipment. MSHA's approval
process includes testing and evaluating the electrical product to
determine whether it performs according to certain technical and safety
requirements. MSHA issues an approval if the electrical product passes
all the tests and evaluations. Once the electrical product is approved
by MSHA, it must display an MSHA approval marking indicating that the
product is approved for use in gassy mines. MSHA sometimes refers to
electrical products approved for use in gassy areas of mines as
``permissible.'' To continue to use the MSHA approval marking, the
approval holder must maintain the quality of the electrical product
according to the technical requirements upon which its approval was
based.
Currently, there is no permissible electronic surveying equipment
commercially available in the U.S. market. Mine operators must seek
MSHA approval for the use of electronic surveying equipment in
underground mines by filing petitions for modification under 30 CFR
part 44.
Petitions for Modification
Section 101(c) of the Mine Act, 30 U.S.C. 811(c), allows mine
operators or representatives of miners to file a petition, or request,
to modify the application of any mandatory safety standard to a mine.
MSHA reviews petitions for modification to determine whether the
petitioner's alternative method of achieving the result of the standard
will at all times guarantee no less than the same measure of protection
afforded by the standard, or the application of the standard will
result in a diminution of safety to miners.
30 CFR part 44 establishes the procedures and rules of practice for
filing a petition for modification under section 101(c) of the Mine
Act. Once a petition has been filed by a mine operator or
representative of miners, a notice requesting comment on the petition
is published in the Federal Register, and MSHA personnel investigate to
promptly determine whether to grant or deny the petition. Taking into
consideration the alternative methods proposed by the petitioner and
any additional requirements, MSHA will grant the petition for
modification if the Agency
[[Page 28455]]
determines that the alternative method of achieving the result of the
standard will at all times guarantee no less than the same measure of
protection afforded by the standard, or the application of the standard
will result in a diminution of safety to miners. The granted
modification, together with any conditions, will have the same effect
as a mandatory safety standard.
Through the petition for modification process, MSHA sometimes
grants the use of non-permissible surveying equipment in areas of
underground mines where the use of approved equipment is required. The
granted petitions for modification generally propose very similar
alternative methods, or conditions and terms, for the safe use of non-
permissible surveying equipment in gassy areas of underground mines to
ensure that miners are at all times afforded the same measure of
protection if using permissible equipment.
II. Discussion
In 2008, mine operators filed various petitions seeking to use non-
permissible electronic surveying equipment in high-hazard areas of
underground coal mines where otherwise only permissible equipment was
allowed. MSHA did not grant these petitions. Two rounds of litigation
ensued, one ending in a 2016 ruling by the D.C. Circuit Court of
Appeals (Rosebud Mining Co. & Parkwood Res., Inc. v. Mine Safety &
Health Admin., 827 F.3d 1090 (D.C. Cir. 2016)) and the other ending
with a 2018 Consent Order by the Assistant Secretary (In the Matter of
Buchanan Minerals LLC, Consol PA and Southeastern Land LLC, 2018).
While each of these litigation tracks involved different mines with
unique and specific circumstances, a general set of terms and
conditions for these petitions can be distinguished, such that, when
these terms and conditions are met, non-permissible surveying equipment
could be used without reducing the existing protections afforded to
miners.
MSHA proposes to codify certain technical specifications and
working conditions to allow the use of electronic surveying equipment
in specified underground areas of underground coal mines, so that mine
operators would no longer need to file petitions for modification. This
proposed rule would allow mine operators to safely use the best and
most current technology available, while not reducing miner safety.
This proposed rule would not revise the language of any Proposed
Decisions and Orders granted by MSHA for non-permissible surveying
equipment. Operators with petitions granted would decide between
complying with the terms of their Proposed Decision and Order or
complying with the requirements proposed in this rule and dismissing
their petitions.
Under the proposed rule, there would be no change to existing
ventilation requirements, methane monitoring requirements, de-
energization requirements, and rock-dusting requirements. The Agency
has preliminarily determined that this proposed rule, including the
protective requirements that are generally consistent with the terms in
granted petitions, would not reduce existing protection for miners.
MSHA seeks comments on any aspects of this proposed rule, including
what records are appropriate to maintain to ensure compliance.
III. Section-by-Section Analysis
A. Section 75.1800--Purpose and Scope
This proposed rule would allow electronic surveying equipment that
does not meet the requirements in part 18 to be used in high-hazard
locations of a gassy mine. The proposed rule also establishes
requirements for the features and maintenance of electronic surveying
equipment and mandates the mining conditions where electronic surveying
equipment can be used.
B. Section 75.1801--Definitions
The proposed rule defines electronic surveying equipment as
battery-powered equipment essential for surveying (i.e., total stations
and theodolites). This does not include electronic devices or
accessories that are not essential for surveying, such as keyboards,
spare batteries, and remote controls. This standard is specifically
limited in scope to apply only to two essential types of instruments,
total stations and theodolites, and is consistent with the scope of
litigation between MSHA and operators, which did not include other
instruments.
The proposed rule defines production activities as activities that
generate coal dust or methane gas including, but not limited to,
cutting, drilling, blasting, transporting, cleaning, loading, and
unloading.
The proposed rule defines specified underground area as an
underground area located in or inby the last open crosscut, in the
return air outby the last open crosscut, or within 150 feet of the
pillar workings or longwall faces. These areas are considered the areas
where explosive concentrations of methane gas are most likely to occur.
The proposed rule defines underground mine surveyor as a qualified
person for testing for methane under Sec. 75.151 (Tests for methane;
qualified person; additional requirement) and for testing air flow
under Sec. 75.152 (Tests of air flow; qualified person) and who also
has experience or training in underground mine surveying.
C. Section 75.1802--Electronic Surveying Equipment
Proposed Sec. 75.1802 would require that electronic surveying
equipment taken into specified underground areas meet certain
conditions. All petitions for modification granted since September 2018
for electronic surveying equipment in underground coal mines include a
list of surveying equipment with less than an 8-volt operating voltage
range. Since many types of ``low-voltage'' surveying equipment exist,
MSHA sees no need to permit electronic surveying equipment operating at
or above 8 volts.
Proposed paragraph (d) lists the nine voluntary consensus standards
that MSHA would incorporate by reference in part 75 to be applicable to
electronic surveying equipment taken into specified underground areas.
The proposed incorporation by reference of the nine voluntary
consensus standards is consistent with the Office of Management and
Budget's (OMB) Circular A-119 (Jan. 27, 2016 (81 FR 4673)), which
establishes policy guidance for Federal agencies. Circular A-119, based
on the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 3701 et seq.), section 12(d), directs Federal agencies to use
technical standards developed or adopted by voluntary consensus
standards bodies to carry out policies or activities. Additionally,
Circular A-119 directs agencies to use voluntary consensus standards in
lieu of government-unique standards, except where inconsistent with law
or otherwise impractical. The intent of the policy guidance in Circular
A-119 is to minimize agency reliance on government-unique standards to
decrease the burden of complying with agency regulations and promote
efficiency and economic competition through harmonization of standards.
(See https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf).
D. Section 75.1803--Requirements Before the Use of Electronic Surveying
Equipment
Proposed Sec. 75.1803 would specify requirements to assure that
surveying equipment be in a safe condition before
[[Page 28456]]
being used in the specified areas of an underground mine.
E. Section 75.1804--Continuous Monitoring During Electronic Surveying
Equipment Operation
Proposed Sec. 75.1804 would require surveyors to monitor with two
portable methane detectors because of the risk of false negative
readings or failures to detect methane entirely. Using two methane
detectors would improve the safety of the surveyors and other miners in
gassy mines because it offers an increased likelihood of detecting
methane gas around the non-permissible equipment. Having two detectors
lessens the likelihood of inadequate methane gas detection due to:
sensor poisoning; physical damage from bumping or dropping; blockage of
the sensor from dust, debris, and water; and any internal faults of the
detector.
F. Section 75.1805--Requirements for the Use of Electronic Surveying
Equipment on a Mechanized Mining Unit Where Production Activities Are
Occurring
Proposed Sec. 75.1805 specifies the requirements for the use of
electronic surveying equipment on a mechanized mining unit where
production activities are occurring. Because production activities may
present conditions which are most hazardous in combination with non-
permissible equipment (i.e., total stations and theodolites), there
would be more stringent requirements for any surveying during
production. Because production generates methane and coal dust from the
working face, surveying should not be downwind of their discharge under
any circumstances, in the ventilation path used by the mine, including
the specified ventilation controls.
G. Section 75.1806--Requirements for Batteries Contained in Electronic
Surveying Equipment
Proposed Sec. 75.1806 addresses requirements for the batteries
used in electronic surveying equipment to ensure their safe operation
if methane or float coal dust is present.
H. Section 75.1807--Electronic Surveying Equipment Maintenance and
Examination
Proposed Sec. 75.1807 addresses the maintenance and examination
requirements for electronic surveying equipment.
I. Section 75.1808--Training
Proposed Sec. 75.1809 addresses the importance of training miners
and underground surveyors on safety practices where new technologies
are utilized and would require specific training for those who would be
involved with or affected by the use of electronic surveying equipment.
In addition to 30 CFR part 48 training requirements, MSHA is requiring
specific training under this proposed rule to address concerns
regarding the use of this electronic surveying equipment in the
specified underground areas.
J. Incorporation by Reference
In proposed Sec. 75.1802(a), MSHA would incorporate by reference
the following voluntary consensus standards.
(1) American National Standards Institute (ANSI)/International
Electrotechnical Commission (IEC) 60529-2020 Degrees of Protection
Provided by Enclosures (IP Code) (Identical National Adoption of IEC
60529: 1989/AMD2:2013/COR1:2019), dated September 23, 2020.
(2) Underwriters Laboratories (UL) 1642 Standard for Safety,
Lithium Batteries, Sixth Edition, September 29, 2020.
(3) UL 1642, Standard for Safety for Lithium Batteries, Fifth
Edition, March 13, 2012.
(4) UL 1642, Standard for Safety for Lithium Batteries, Fourth
Edition, September 19, 2005.
(5) UL 1642, Standard for Safety for Lithium Batteries, Third
Edition, April 26, 1995.
(6) UL 1642, Standard for Lithium Batteries, Second Edition,
November 18, 1992.
(7) UL 1642, Standard for Lithium Batteries, First Edition, October
24, 1985.
(8) UL 62133, Secondary Cells and Batteries Containing Alkaline or
Other Non-Acid Electrolytes--Safety Requirements for Portable Sealed
Secondary Cells, and for Batteries Made From Them, for Use in Portable
Applications, Edition 2 Published Date: September 5, 2017; and
(9) UL 62133-2, Secondary Cells and Batteries Containing Alkaline
or Other Non-Acid Electrolytes--Safety Requirements for Portable Sealed
Secondary Cells, and for Batteries Made from Them, for Use in Portable
Applications--Part 2: Lithium Systems, May 31, 2024.
The ANSI/IEC sometimes interpreted as Ingress Protection Marking,
classifies and rates the degree of protection provided against
intrusion (body parts such as hands and fingers), dust, accidental
contact, and water by mechanical casings and electrical enclosures. UL
1642 (Ed. 1-6) addresses standards for non-rechargeable and secondary
(rechargeable) lithium batteries for use as power sources in products.
UL 62133 and UL 62133-2 are the most well-known lithium battery
standards for safe use.
Availability of Standards To Be Incorporated by Reference
MSHA proposes to incorporate by reference one ANSI standard. This
standard is available for purchase at: www.webstore.ansi.org. Copies of
standards produced by the voluntary consensus standards listed in this
section may also be obtained from the American National Standards
Institute (ANSI), 1899 L Street NW, 11th Floor, Washington, DC 20036,
phone: (202) 293-8020; website: (www.ansi.org). In addition, during the
comment period and rulemaking process, the ANSI/IEC standard will be
available for review, free of charge, at MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210 and at MSHA's Approval and Certification Center
(A&CC) at 765 Technology Drive, Triadelphia, WV 26059 (304-547-0400).
There are eight UL standards that would be incorporated by
reference in this proposed rule. These standards are available online
and may be purchased on UL's website at: www.shopulstandards.com. They
may also be obtained from UL Solutions (UL), Comm 2000, 151 Eastern
Avenue, Bensenville, IL 60106, Tel: (888) 853-3503. In addition, during
the comment period and rulemaking process, the UL standards will be
available for review, free of charge, at MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210 and at MSHA's A&CC at 765 Technology Drive,
Triadelphia, WV 26059 (304-547-0400).
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, ``Regulatory Planning and Review'' 58
FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted by
law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing
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among alternative regulatory approaches, those approaches that maximize
net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public.
E.O. 13563, ``Improving Regulation and Regulatory Review'' 76 FR
3821 (Jan. 21, 2011), requires agencies to use the best available
techniques to quantify anticipated present and future benefits and
costs as accurately as possible. E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for improvements in the nation's regulatory
system to promote predictability, reduce uncertainty, and use the best,
most innovative, and least burdensome tools for achieving regulatory
ends.
E.O. 12866 and E.O. 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
Under section 3(f) of E.O. 12866, a ``significant regulatory
action'' is a regulatory action that is likely to result in a rule that
may:
(1) have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or communities
(also referred to as economically significant);
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of
recipients; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
Under section 6(a) of E.O. 12866, the Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA)
determines whether a regulatory action is significant and whether
Agencies are required to submit the regulatory action to OIRA for
review. Revising the provisions concerning the use of electronic
surveying equipment in high-hazard areas of underground coal mines
would not impose new compliance cost to underground coal mine operators
or reduce the protection afforded to miners. This proposed rule is
determined to not constitute a ``significant regulatory action''
because it does meet any of the four ``significant regulatory action''
criteria under section 3(f) of E.O. 12866. Accordingly, this proposed
rule was not submitted to OIRA for review under E.O. 12866.
No alternatives were considered for this proposed deregulatory
action.
Background
Currently coal mine operators have to file petitions for
modification in order to use electronic surveying equipment in
underground mine environments and are only granted permission for their
use if the petition is approved. MSHA assumes that, without this
proposed rule, 111 mine operators without existing petitions would file
petitions over the next 5-years. Under the proposed rule, the mine
operators would no longer need to file petitions to use electronic
surveying equipment. Under currently approved petitions for electronic
surveying equipment, MSHA already requires mine operators to monitor
methane levels, inspect surveying equipment regularly, and provide
hazard awareness training to miners. These requirements would continue
to be in place under the proposed rule and mine operators would be
required to comply.
On average, each year there are 185 active underground coal mines
that employ roughly 26,294 miners (excluding office workers) and
produce an estimated 102.5 million tons of coal. All estimated figures
are expressed in 2024 dollars.
Under the baseline scenario, coal mine operators would continue
their current practice of filing petitions to be able to use electronic
surveying equipment in underground mine environments if the petition is
approved. Under the proposed rule, mine operators would no longer need
to file petitions to use electronic surveying equipment. There would be
no change to the existing requirements for mine operators using
electronic surveying equipment: methane monitoring, regular surveying
equipment inspection, and hazard awareness training to miners. These
requirements would continue to be applied to all underground coal mines
that use electronic surveying equipment under the proposed rule.
Benefits
This proposed rule would codify new standards for using electronic
surveying equipment underground, based on technical specifications and
working conditions. The proposed rule would substantially reduce future
costs and delays related to filing and litigating petitions for
modification. Out of 185 active underground coal mines, 42 mines held
petitions concerning this type of equipment that had been granted by
MSHA. These petitions show that, despite having to incur costs
associated with filing a petition, a substantial number of mines find
that using electronic surveying equipment is beneficial to their
operations. Being able to use electronic surveying equipment (instead
of non-electronic surveying equipment) would reduce the time needed for
surveying underground mines, thus providing mine operators with both
increased efficiency and accuracy in mine mapping, without diminishing
safety.
Compliance Costs of Using Electronic Surveying Equipment
The total compliance costs associated with using electronic
surveying equipment would result from allowing underground coal mine
operators to purchase and use electronic surveying equipment without
having to file a petition for modification. MSHA assumes the cost of
filing a petition currently presents a barrier to the use of electronic
surveying equipment, and when that barrier is removed the purchase and
use of electronic surveying equipment would be economically feasible
for more mine operators. The total compliance costs of using non-
permissible electronic surveying equipment consist of the following:
1. Equipment purchases: MSHA estimates that mine operators would
need to purchase 113 total stations over 10 years at a cost of $7,374
apiece. This results in a 10-year total cost of $0.83 million.
2. Methane monitoring by surveyors: MSHA estimates that surveyors
in coal mines earning $65.99 per hour would spend a total of 125,488
hours over 10 years monitoring for methane, with a total cost of $8.28
million.
3. Examination of surveying equipment:
a. Pre-use examinations: MSHA estimates that surveyors would need
to conduct 40,216 pre-use electronic surveying equipment examinations
over 10 years at a unit cost of $5.51, resulting in a total cost of
$0.22 million for pre-use examinations.
[[Page 28458]]
b. Weekly examinations: MSHA estimates mine operators would conduct
45,700 weekly examinations over 10 years at a unit cost of $9.48 per
weekly examination, resulting in a total examination cost of $0.43
million.
4. Hazard awareness training for miners and surveyors: MSHA
estimates mine operators would train 1,634 miners each year on the
hazards involved in working with and around electronic surveying
equipment. At an average wage of $57.85 per hour for coal miners and 1
hour for the training, the 10-year cost of training would be $0.9
million over 10 years.
Cost Savings
MSHA estimates that mine operators would accrue a cost reduction
from no longer having to file petitions for modification. Under the
baseline scenario, MSHA believes mine operators would continue to file
petitions to use electronic surveying equipment, while no new petitions
would be filed under the proposed rule. Over the 10-year analysis
period, MSHA estimates that there would be 6 petitions filed and
approved without revision, 110 filed and approved with revisions, and
13 petitions litigated. MSHA assumes that the associated costs are
$6,367 per petition approved without revision, $25,468 per petition
approved with revisions, and $397,943 per litigated petition.\2\ Under
the proposed rule, mine operators would not have to file petitions and
would thus avoid petition associated costs of $8.01 million
undiscounted over 10 years. The annualized cost savings would be $0.80
million at a 0 percent discount rate, $0.88 million at a 3 percent
discount rate, and $0.99 million at a 7 percent discount rate.
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\2\ The litigation of a petition by a mine operator can take
several years to resolve, which could amount to hundreds, and
possibly even thousands of legal hours.
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Summary
To use electronic surveying equipment, mine operators would incur
compliance costs of $10.71 million undiscounted over 10 years, under
both the baseline scenario (filing a petition in order to use
electronic surveying equipment) or the proposed rule (using electronic
surveying equipment without having to file a petition). Therefore,
compliance costs are not considered incremental costs under the
proposed rule.
Under the proposed rule, there would be incremental cost savings
from avoiding petition and litigation costs that would be $8.01
million, when compared with the baseline scenario. MSHA estimates that
the annualized cost savings for this proposed rule at discount rates of
0 percent, 3 percent, and 7 percent would be $0.80 million, $0.88
million, and $0.99 million, respectively.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996,
requires preparation of an Initial Regulatory Flexibility Analysis
(IRFA) for any rule that by law must be proposed for public comment,
unless the agency certifies that the rule, if promulgated, would not
have a significant economic impact on a substantial number of small
entities. The RFA defines small entities to include small businesses,
small organizations, including not-for-profit organizations, and small
governmental jurisdictions.
Under the RFA, MSHA uses the Small Business Administration's (SBA)
definition to set thresholds for small business sizes for the coal
mining industry defined at the 6-digit North American Industry
Classification System (NAICS) level. For underground coal mines the
threshold is 1,500 employees.
MSHA evaluated data routinely provided by mine operators related to
the number of mines, employment, and production from MSHA's
Standardized Information System (MSIS) for underground coal mines. MSHA
calculated revenue as production times the average price of coal. Using
internal data, MSHA estimates that small coal mines produce roughly
92.1 million tons of coal annually. Using U.S Energy Information
Administration Annual Coal Report 2023 Table 28, Average Sales Price of
Coal by State and Mine Type, the average coal price was $54.04 per
short ton in 2023. The price was then adjusted to 2024 dollars using
CPI-U, $55.63 per short ton, to estimate national coal revenues of $5.1
billion generated by small coal mines.
MSHA assesses the impacts on small entities by comparing the
estimated compliance costs of the proposed rule for small entities
affected by the rule to the estimated revenues for the affected sector.
When estimated compliance costs are less than 1 percent of the
estimated revenues, the Agency believes it is generally appropriate to
conclude that there is no significant economic impact on a substantial
number of small entities. When estimated compliance costs exceed 1
percent of revenues, MSHA investigates whether further analysis is
required. The impact as a percentage of revenue is essentially zero
under the proposed rule: for small coal mine operators average
annualized cost is $1.07 million while annual revenue is $5,121
million, resulting in the ratio of 0.021 percent. Thus, no further
analysis is required.
MSHA considered the compliance costs on small mines when developing
the proposed rule. MSHA reviewed this proposed rule under the
provisions of the RFA, which eliminates burdensome regulations.
Therefore, MSHA initially concludes that the impacts of the proposed
rule would not have a ``significant economic impact on a substantial
number of small entities,'' and the preparation of an IRFA is not
warranted. MSHA will transmit this certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
provides for the Federal Government's collection, use, and
dissemination of information. The goals of the Paperwork Reduction Act
include minimizing paperwork and reporting burdens and ensuring the
maximum possible utility from the information that is collected under 5
CFR part 1320. The Paperwork Reduction Act requires Federal agencies to
obtain approval from OMB before requesting or requiring ``a collection
of information'' from the public.
This proposed rule imposes no new information collection or
recordkeeping requirements. The requirements for training recordkeeping
are fully covered in a currently approved information collection
request, OMB Control Number 1219-0009 ``Training Plans and Records of
Training for Underground Miners and Miners Working at Surface Mines and
Surface Areas of Underground Mines.'' There is no change to this
information collection request.
However, this proposed rule would result in substantive changes to
another currently approved information collection request, OMB Control
Number 1219-0065 ``Petitions for Modification of Mandatory Safety
Standards.'' The currently approved information collection request
covers requirements in 30 CFR part 44, which set forth the procedures
and rules to govern petitions for modification of mandatory safety
standards filed under section 101(c) of the Mine Act.
Under this proposed rule, coal mine operators would no longer have
to file
[[Page 28459]]
petitions to use electronic surveying equipment in underground mine
environments. This proposed change would decrease the paperwork burden
and costs to mine operators as they would no longer file petitions for
modification for using electronic surveying equipment in underground
coal mines. MSHA proposes to revise the supporting statement for the
information collection request 1219-0065 to reflect this and to seek
public comment on these changes.
Type of Review: Substantive Change to currently approved
information collection.
OMB Control Number: 1219-0065.
Title: Petitions for Modifications of Mandatory Safety Standards.
Description of the ICR:
Background
Under 30 CFR 44.4, mine operators can file a petition for
modification to use an alternative method of achieving the same result
of an existing standard that will at all times guarantee no less than
the same measure of protection afforded by the standard. Currently,
this is the only way mine operators are able to use electronic
surveying equipment underground. Under the proposed rule, the
requirements for using such equipment would be codified and mine
operators would no longer have to file a petition for their use.
Based on MSHA records of petitions for modification received
between 2021 through 2023, on average there were 46 total petitions
submitted each year. Of these petitions, roughly 6 were requests to use
non-permissible surveying equipment. Under this proposed rule, the
Agency estimates that the average annual petitions would be reduced
from current submissions of 46 to 40 petitions, as the 6 petitions for
the use of non-permissible surveying equipment would no longer be
needed. MSHA assumes that all 6 of those petitions would have been
filed by underground coal mines, and that therefore, there would be a
decrease in petitions from coal mines from 43 to 37 and no change in
the number of petitions from MNM mines, 3.
Summary of Changes
This substantive change request will change the supporting
statement for this information collection request due to an addition in
the recordkeeping requirements in 30 CFR 75.1800 through 75.1808.
Forty-six mines are affected by the existing standards and 40 mines
would be required to provide information by the proposed rule. This
change does not modify the authority or number of affected mine
operators and contractors, but it decreases the paperwork burden and
costs associated with filing petitions as captured by this information
collection request.
The number of respondents, frequency of response, annual hour
burden, and recordkeeping cost are described below.
1. Preparing and Filing Petitions for Modification (30 FR 44.10 and
44.11(a))
Under 30 CFR 44.10 and 44.11(a), a mine operator or any
representative of miners may file a petition for modification of the
application of a mandatory safety standard. MSHA assumes that all
petitions will be filed by mine operators or by third-party sources on
behalf of mine operators. MSHA assumes that approximately 31 of the
annually submitted petitions would be prepared by mine operators, 29
petitions from coal mines and 2 from MNM mines. MSHA estimates that it
takes 40 hours to prepare and file a petition, which will be completed
by a coal or MNM mining supervisor, earning $95.72 or $75.63 per hour,
respectively.
As related to these requirements the proposed rule would reduce the
number of annual respondents from 37 to 31, the number of annual
responses from 37 to 31, and the annual burden hours from 1,480 to
1,240.
Additionally, MSHA assumes that the 9 remaining petitions would be
prepared by third-party sources (independent legal counsel) each year.
MSHA estimates that it takes an independent counsel, earning $182.79
per hour, approximately 16 hours to prepare a petition. This will be a
total of $26,322 spent preparing the 9 petitions. MSHA assumes that due
to their simplicity all the non-permissible surveying equipment related
petitions would have been prepared by mine operators and not third
parties, therefore this recission does not impact the costs related to
third-party preparations of petitions. There is an increase over the
previous estimate of $24,814 however, it is due to an increase in wages
and not the proposed rule.
The prepared petitions must be submitted to MSHA for review and
approval. MSHA estimates that each year only 2 petitions are submitted
by mail and 38 are submitted electronically. MSHA assumes that there is
no filing cost if submitted electronically. MSHA estimates the mailing
costs for petitions for modification is $8.00 for a certified mail from
USPS, for a total cost of $16.00 to mail in petitions, this is
unchanged from the previous estimate of recordkeeping costs.
2. Posting Copies of Petitions on the Mine Bulletin Boards (30 CFR
44.9)
Under 30 CFR 44.9, a mine operator must, when there is no
representative of miners, post a copy of each petition for modification
concerning the mine on the mine bulletin board and must maintain the
posting until a ruling on the petition becomes final. MSHA assumes that
all mine operators will post the petition for modification on the
mine's bulletin board.
MSHA assumes that 37 petitions would come from coal mines and 3
from MNM mines. MSHA estimates that it takes 10 minutes to make copies
of the petition and to post the petition to the mine bulletin board.
This will be done by a coal or MNM clerk, earning $44.53 or $45.42 per
hour, respectively.
As related to this item the proposed rule would result in a
reduction of information collection cost. It would reduce the number of
annual respondents from 46 to 40, the number of annual responses from
46 to 40, and the annual burden hours from 7.67 to 6.67.
Additionally, MSHA assumes that on average a petition for
modification is 3 pages long and the printing cost is $0.15 per page,
so the material cost of printing a copy of the petition would be $0.45.
By reducing the number of petitions to be posted at the mine bulletin
board by 6 this recission reduces the annual recordkeeping cost to
respondents by $2.70. The annual recordkeeping cost to respondents
would decrease from $20.70 to $18.00.
3. Serving Representatives of Miners With Petitions (30 CFR 44.10)
Under 30 CFR 44.10, if a petition is filed by a mine operator, a
copy of the petition must be served to a representative of miners at
the affected mine. MSHA assumes 40 petitions would be filed each year,
37 from coal mines and 3 from MNM mines. MSHA estimates that it takes
10 minutes to make copies of the petition and serve the petition to a
representative of miners. A coal or MNM clerk earns $44.53 or $45.42
per hour, respectively. For a total cost of $297, this is an increase
from the previous figure of $267 because while the decrease in the
number of petitions submitted lowers the estimated cost an increase in
wages more than offsets the decrease.
As related to this item the proposed rule would result in a
reduction of information collection cost. It would reduce the number of
annual respondents from 46 to 40, the number of annual responses from
46 to 40, and the annual burden hours from 7.67 to
[[Page 28460]]
6.67. The annual burden cost increases from $267 to $297, however this
is due to an increase in wages and not the proposed rule.
Additionally, MSHA assumes that on average a petition for
modification is 3 pages long and the printing cost is $0.15 per page,
so the material cost of printing a copy of the petition would be $0.45.
By reducing the number of petitions to be served to miners'
representatives by 6 this recission reduces the annual other cost
burden by $2.70. The annual recordkeeping cost to respondents would
decrease from $20.70 to $18.00.
4. Serving Miners' Representative With Copies of the Final Actions
Granting Petitions and Posting Copies to the Mine Bulletin Boards (30
CFR 44.5(b))
Under 30 CFR 44.5(b), every final action granting a petition for
modification must be posted by the operator on the mine bulletin board
at the affected mine and remain posted as long as the modification is
effective. If a summary of the final action is posted on the mine
bulletin board, a copy of the full decision must be kept at the
affected mine office and made available to the miners.
MSHA assumes that 30 petitions would be approved each year,
including 28 from coal mines and 2 from MNM mines. For the 6 annual
petitions concerning the use of non-permissible surveying equipment,
MSHA assumes on average 1 would have been denied petition and 5
approved. MSHA estimates that it takes 10 minutes to make copies of the
final action and then to serve them to the miners' representative or
post on the mine bulletin board. This will be done by a coal or MNM
clerk, earning $44.53 or $45.42 per hour, respectively.
As related to this item the proposed rule would result in a
reduction of information collection cost. It would reduce the number of
annual respondents from 46 to 40, the number of annual responses from
35 to 30, and the annual burden hours from 5.83 to 5.00.
Additionally, MSHA assumes that a mine operator will make 2 copies
of each final actions granting petitions: 1 to be posted on the
bulletin board and 1 copy available to miners. MSHA assumes that on
average a petition for modification is 3 pages long and the printing
cost is $0.15 per page, so the cost of printing a copy of the petition
would be $0.45. This recission would reduce the number of copies of
final actions made by 10 (5 served to miners' representatives and 5 to
posted to mine bulletin boards). This recission reduces the annual
other cost burden from $32 to $27. The annual recordkeeping cost to
respondents would decrease from $31.50 to $27.00.
Summary of the Collection of Information
Under the proposed rule, the estimated number of respondents,
responses and annual burden hours would decrease from the currently
approved information collection request. The reduction comes from the
decrease in the number of petitions being submitted. Annual
recordkeeping costs to respondents would increase slightly due to
increases in wage rates, not the proposed rule.
Affected Public: Businesses or For-Profit.
Estimated Number of Respondents: 40 (-6 from proposed rule).
Frequency: On occasion.
Estimated Number of Responses: 141 (-23 from proposed rule).
Estimated Number of Burden Hours: 1,258 (-243 from proposed rule).
Estimated Recordkeeping Costs to Respondents: $26,401 ($1,571 from
wage increases).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The E.O. requires agencies to examine the constitutional
and statutory authority supporting any action that would limit the
policymaking discretion of the States and to carefully assess the
necessity for such actions. The E.O. also requires agencies to have an
accountable process to ensure meaningful and timely input by State and
local officials in the development of regulatory policies that have
federalism implications.
MSHA has determined that the proposed rule would not have
federalism implications because it would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Accordingly,
E.O. 13132 requires no further action or analysis.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies
the general duty to adhere to the following requirements: (1) eliminate
drafting errors and ambiguity; (2) write regulations to minimize
litigation; (3) provide a clear legal standard for affected conduct
rather than a general standard; and (4) promote simplification and
burden reduction. Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms; and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3 of E.O. 12988 contains requirements for Federal agencies
promulgating new regulations or reviewing existing regulations to
minimize litigation by eliminating drafting errors and ambiguity,
providing a clear legal standard for affected conduct rather than a
general standard, promoting simplification, and reducing burden. MSHA
has reviewed the proposed rule and has determined that it would meet
the applicable standards provided in E.O. 12988 to minimize litigation
and undue burden on the Federal court system.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing
[[Page 28461]]
any requirements that might significantly or uniquely affect them.
MSHA examined this proposed rule according to UMRA and its
statement of policy and determined that the proposed rule does not
contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, no further Agency action or analysis is required.
G. Review Under the National Environmental Policy Act.
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et seq.), requires each Federal agency to consider the
environmental effects of regulatory actions and to prepare an
environmental impact statement on Agency actions that would
significantly affect the quality of the environment; unless the action
is considered categorically excluded under 29 CFR 11.10. MSHA has
reviewed the proposed rule in accordance with NEPA requirements and the
Department of Labor's NEPA procedures (29 CFR part 11). As a result of
this review, MSHA has determined that this proposed rule would not
impact air, water, or soil quality, plant or animal life, the use of
land or other aspects of the human environment. Therefore, MSHA has not
conducted an environmental assessment nor provided an environmental
impact statement.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, MSHA has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 18,
1988), MSHA has determined that this proposed rule would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). MSHA has reviewed this proposed rule under the
OMB and has concluded that it is consistent with applicable policies in
the OMB guidelines.
K. Review Under Executive Order 13175
E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments'' 65 FR 67249 (Nov. 9, 2000), requires agencies to consult
with tribal officials when developing policies that may have ``tribal
implications.'' This proposed rule does not have ``tribal
implications'' because it will not ``have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Accordingly, under E.O. 13175, no further Agency action or analysis is
required.
L. Review Under Executive Order 13211.
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' 66 FR 28355 (May 22,
2001), requires agencies to publish a statement of energy effects when
a rule has a significant energy action that adversely affects energy
supply, distribution, or use. MSHA has reviewed this proposed rule for
its energy effects. For the energy analysis, this proposed rule will
not exceed the relevant criteria for adverse impact.
M. Plain Language
Executive Orders 12866 and 13563 require regulations to be written
in a manner that is easy to understand. MSHA has drafted the proposed
rule in plain language.
N. Review Under Additional Executive Orders and Presidential Memoranda
MSHA has examined this proposed rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy'' 90 FR 8353 (Jan. 29, 2025); E.O. 14192,
``Unleashing Prosperity Through Deregulation'' 90 FR 9065 (Feb. 6,
2025); and the Presidential Memorandum, ``Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis''
90 FR 8245 (Jan. 28, 2025). This proposed rule is expected to be an
E.O. 14192 deregulatory action.
List of Subjects in 30 CFR Part 75
Electric power, Incorporation by reference, Mandatory safety
standards, Mine safety and health, Reporting and recordkeeping
requirements, Training, Underground coal mines.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977, as amended by the Mine
Improvement and New Emergency Response (MINER) Act of 2006, MSHA is
proposing to amend chapter I of title 30 of the Code of Federal
Regulations as follows:
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
0
1. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
0
2. Add Subpart S, consisting of Sec. Sec. 75.1800 through 75.1808, to
read as follows:
Subpart S--Electronic Surveying Equipment
Sec. 75.1800 Purpose and Scope.
Sec. 75.1801 Definitions.
Sec. 75.1802 Electronic surveying equipment.
Sec. 75.1803 Requirements before the use of electronic surveying
equipment.
Sec. 75.1804 Continuous monitoring during electronic surveying
equipment operation.
Sec. 75.1805 Requirements for the use of electronic surveying
equipment on a mechanized mining unit where production activities are
occurring.
Sec. 75.1806 Requirements for batteries contained in electronic
surveying equipment.
Sec. 75.1807 Electronic surveying equipment maintenance and
examination.
Sec. 75.1808 Training.
Sec. 75.1800 Purpose and Scope.
(a) This subpart establishes requirements for electronic surveying
equipment taken into and operated in or inby the last open crosscut,
Sec. 75.500(d), in the return air outby the last open crosscut, Sec.
75.507-1(a), or within 150 feet of the pillar workings or longwall
faces, Sec. 75.1002(a), when electronic
[[Page 28462]]
surveying equipment that meets the permissibility requirements in part
18 of this chapter does not exist.
(b) This subpart also establishes requirements for the features,
use, and maintenance of electronic surveying equipment and the training
of the personnel using such equipment. This part includes requirements
for the use of electronic surveying equipment when production
activities are occurring and when production activities cease.
Sec. 75.1801 Definitions.
The following definitions apply to this subpart:
Electronic surveying equipment. Battery-powered equipment essential
for surveying, (i.e., total stations and theodolites). This definition
does not include electronic devices or accessories that are not
essential for surveying, such as keyboards, spare batteries, and remote
controls.
Production activities. Activities that generate coal dust or
methane gas including but are not limited to cutting, drilling,
blasting, transporting, cleaning, loading, and unloading.
Specified underground area. An underground area located in or inby
the last open crosscut, in the return air outby the last open crosscut,
or within 150 feet of the pillar workings or longwall faces.
Underground mine surveyor. A qualified person for testing for
methane under Sec. 75.151 and for testing air flow under Sec. 75.152
and who also has experience or training in underground mine surveying.
Sec. 75.1802 Electronic surveying equipment.
Electronic surveying equipment taken into specified underground
areas must meet the following conditions:
(a) Electronic surveying equipment, including batteries when
assembled for use, must have an ingress protection (IP) rating of 66 or
greater under ANSI/IEC 60529-2020 and must operate at a voltage of less
than 8 volts DC. Lithium batteries must also meet the Underwriters
Laboratories (UL) 1642 safety standards for lithium batteries.
Surveying equipment must only have onboard or integrated battery packs
and no external battery packs.
(b) A theodolite must be no older than 5 years from the date of
manufacture.
(c) A total station must be no older than 10 years from the date of
manufacture.
(d) The material listed in this paragraph (d) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
incorporation by reference (IBR) material is available for inspection
at U.S. Department of Labor, Mine Safety and Health Administration
(MSHA) and at the National Archives and Records Administration (NARA).
Contact MSHA at 200 Constitution Avenue NW, Washington, DC 20210. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected]. The material may be obtained from the following
sources in this paragraph (d).
(1) American National Standards Institute (ANSI), 1899 L Street NW,
11th Floor, Washington, DC 20036; phone: (202) 293-8020; website:
www.ansi.org
(i) ANSI/IEC 60529-2020 Degrees of Protection Provided by
Enclosures (IP Code) (Identical National Adoption of IEC 60529: 1989/
AMD2:2013/COR1:2019), dated September 23, 2020.
(ii) [Reserved]
(2) UL Solutions. Comm 2000. 151 Eastern Avenue, Bensenville, IL
60106; phone: (888) 853-3503; website: www.ul.com.
(i) UL 1642 Standard for Safety, Lithium Batteries, Sixth Edition,
September 29, 2020.
(ii) UL 1642, Standard for Safety for Lithium Batteries, Fifth
Edition, March 13, 2012.
(iii) UL 1642, Standard for Safety for Lithium Batteries, Fourth
Edition, September 19, 2005.
(iv) UL 1642, Standard for Safety for Lithium Batteries, Third
Edition, April 26, 1995.
(v) UL 1642, Standard for Lithium Batteries, Second Edition,
November 18, 1992.
(vi) UL 1642, Standard for Lithium Batteries, First Edition,
October 24, 1985.
(vii) UL 62133, Secondary Cells and Batteries Containing Alkaline
or Other Non-Acid Electrolytes--Safety Requirements for Portable Sealed
Secondary Cells, and for Batteries Made From Them, for Use in Portable
Applications, Edition 2 Published Date: September 5, 2017.
(viii) UL 62133-2, Secondary Cells and Batteries Containing
Alkaline or Other Non-Acid Electrolytes--Safety Requirements for
Portable Sealed Secondary Cells, and for Batteries Made from Them, for
Use in Portable Applications--Part 2: Lithium Systems, May 31, 2024.
Sec. 75.1803 Requirements before the use of electronic surveying
equipment.
(a) The underground mine surveyor must conduct a safety examination
of electronic surveying equipment prior to taking it into the specified
underground areas. The examination must include:
(1) Checking the equipment for any physical damage and integrity of
the case;
(2) Examining all contact points to ensure a secure connection to
the battery;
(3) Inspecting the battery pack for debris or corrosion;
(4) For equipment utilizing lithium type cells, ensuring that the
lithium cells are not damaged and have not swelled in size;
(5) Reinserting the battery pack and powering up and shutting down
the equipment to ensure proper connections;
(6) Checking the battery pack to ensure that it is securely
fastened, with no dust or water ingress into the battery compartment;
and
(7) Conducting all manufacturer-recommended checks and tests to
ensure proper operations.
(b) If the approved mine ventilation plan requires a minimum air
quantity in a specified underground area, then an underground mine
surveyor will measure the air quantity immediately before taking the
surveying equipment into that area.
(c) An underground mine surveyor must test for methane in the areas
to be surveyed, in accordance with Sec. 75.323. If excessive methane
is found, then the mine operator must take actions specified under
Sec. 75.323 before surveying equipment is taken into a specified
underground area.
(d) Prior to setting up and energizing the electronic surveying
equipment in the specified underground areas:
(1) A certified person must conduct a visual examination to
determine compliance under Sec. 75.402, and to check the presence of
accumulated float coal dust.
(2) The equipment may not be energized until rock dust has been
applied under Sec. Sec. 75.401-1, 75.400-2, and 75.403.
(e) Surveyors must be able to effectively communicate with the
section foreman or equivalent mine official and miners on the working
section at all times while the surveyor is conducting the surveying in
a specified underground area.
Sec. 75.1804 Continuous monitoring during electronic surveying
equipment operation.
(a)
(1) Underground mine surveyors must continuously monitor for
methane immediately before and during the use of electronic surveying
equipment in the specified underground areas. The underground mine
surveyor(s) must monitor for methane with two portable detectors. All
portable methane
[[Page 28463]]
detectors must be MSHA-approved and maintained in permissible and
proper operating condition as required under Sec. 75.320.
(2) All methane detectors must provide visual and audible warning
signals when methane is detected at or above 1.0 percent.
(b) When 1.0 percent or more of methane is detected, the electronic
surveying equipment must not be energized or must be immediately
deenergized if in use and immediately withdrawn from specified
underground areas to outby the last open crosscut, out of the return,
or more than 150 feet from pillar workings or longwall faces under
Sec. 75.323.
Sec. 75.1805 Requirements for the use of electronic surveying
equipment on a mechanized mining unit where production activities are
occurring.
On a mechanized mining unit where production activities are
occurring, the following requirements must be met.
(a) Electronic surveying equipment may be used except as provided
in paragraphs (a)(1) and (a)(2) of this section:
(1) Electronic surveying equipment must not be used downwind of the
discharge point of any face ventilation controls, such as tubing or
curtains.
(2) Electronic surveying equipment must not be used in a split of
air ventilating a mechanized mining unit.
(b) Electronic surveying equipment must not be used within 150 feet
of pillar workings or longwall faces.
(c) When surveying cannot be completed with ventilation controls in
place, the underground mine surveyor must notify the mine operator for
approval of any changes. All changes must comply with approved
ventilation plans.
(1) Before and while any ventilation controls are changed, all
production activities must cease in areas affected by the change.
(2) Once production activities cease and approved ventilation
changes have been completed, a certified person must notify underground
mine surveyors when surveying may resume.
(3) Ventilation controls must be reestablished immediately after
the change is no longer necessary.
(4) Production activities may resume only after all ventilation
controls are reestablished and are in compliance with the approved
ventilation plan.
Sec. 75.1806 Requirements for batteries contained in electronic
surveying equipment.
(a) Before each shift of surveying, all batteries for the
electronic surveying equipment must be charged sufficiently to function
the entire shift.
(b) Replacement batteries for electronic surveying equipment must
be carried underground only in the compartment provided for a spare
battery pack in the electronic surveying equipment carrying case.
Replacement batteries must not be taken into the specified underground
areas.
(c) Batteries contained in the electronic surveying equipment must
be changed out in intake air outside of the specified underground
areas.
(d) No batteries may be charged underground.
Sec. 75.1807 Electronic surveying equipment maintenance and
examination.
(a) All electronic surveying equipment must be maintained to ensure
safe operating condition. When a potentially dangerous condition is
found with the equipment, such equipment must be immediately withdrawn
from the specified underground areas and taken out of service and must
be repaired before returning to service.
(b) As specified under Sec. 75.1803(a), electronic surveying
equipment must be examined weekly by a qualified person as defined by
Sec. 75.153 to assure safe operating condition.
(c) The mine operator must ensure that all electronic surveying
equipment is serviced according to the manufacturer's recommendations.
Sec. 75.1808 Training.
(a) Miners and underground mine surveyors who will be involved with
or affected by electronic surveying operations must be trained on the
requirements of this subpart before the electronic surveying equipment
can be used.
(b) Mine operators must train new miners and underground mine
surveyors under Sec. 48.5, train experienced miners and surveyors,
under Sec. 48.6, and train miners and surveyors assigned new work
tasks under Sec. 48.7 on the requirements of this subpart. The
training must include hazard recognition specific to the mine.
(c) Mine operators must provide annual retraining to all miners and
underground mine surveyors involved with or affected by surveying
operations under Sec. 48.8.
(d) Miners and underground mine surveyors using electronic
surveying equipment must be trained to recognize the hazards and
limitations associated with the use of electronic surveying equipment
in the areas where methane could be present.
(e) Records of training required under this part must comply with
part 48.
(f) Mine operators must provide such records to MSHA upon request.
James P. McHugh,
Deputy Assistant Secretary for Policy, Mine Safety and Health
Administration.
[FR Doc. 2025-11741 Filed 6-30-25; 8:45 am]
BILLING CODE 4520-43-P