Petitions for Modification of Application of Existing Mandatory Safety Standards
| Published date | 06 April 2020 |
| Record Number | 2020-07063 |
| Section | Notices |
| Court | Labor Department,Mine Safety And Health Administration |
Federal Register, Volume 85 Issue 66 (Monday, April 6, 2020)
[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19162-19168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07063]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of three petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 6, 2020.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Roslyn B. Fontaine, Deputy
Director, Office of Standards, Regulations, and Variances. Persons
delivering documents are required to check in at the receptionist's
desk in Suite 4E401. Individuals may inspect copies of the petition and
comments during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Office of
Standards, Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [These
are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements for filing petitions for modification.
II. Petitions for Modification
Three petitions for modifications are summarized below.
Docket Number: M-2020-002-C.
Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650.
Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal
Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-
09541, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in or inby the last open crosscut.
The petitioner states that:
(1) The operator is seeking a modification of this standard, which
relates to battery powered, non-permissible surveying equipment,
including battery operated mine transits, total station surveying
equipment, distance meters and data loggers.
(2) The operator seeks a petition for modification relating to
battery-powered, non-permissible surveying equipment.
(3) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(4) Application of the existing standard would result in a
diminution of safety to miners. Underground mining by its nature, size,
and complexity of mine plans requires that accurate and precise
measurements be completed in a prompt and efficient manner.
(5) The alternative method will at all times guarantee no less than
the same measure of protection afforded by this standard.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) The operator may use the following total stations and
theodolites and similar low-voltage battery-operated total stations and
theodolites if they have an ingress protection (IP) rating of 66 or
greater in or inby the last open crosscut, subject to this petition:
--Sokkia CX-105LN
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
or
[[Page 19163]]
inby the last open crosscut will be examined by the person who operates
the equipment prior to taking the equipment underground to ensure the
equipment is being maintained in a safe operating condition. The result
of these examinations will be recorded in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in or
inby the last open crosscut will not be put into service until MSHA has
initially inspected the equipment and determined that it is in
compliance with all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
outby the last open crosscut. All requirements of 30 CFR 75.323 will be
complied with prior to entering in or inby the last open crosscut.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within in or inby the last open crosscut, the
surveyor(s) will conduct a visual examination of the immediate area for
evidence that the area appears to be sufficiently rock-dusted and for
the presence of accumulated float coal dust. If the rock-dusting
appears insufficient or the presence of accumulated float coal dust is
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have
been cleaned up. If nonpermissible electronic surveying equipment is to
be used in an area not rock-dusted within 40 feet of a working face
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in or inby the last open crosscut, methane tests will be made
in accordance with 30 CFR 75.323(a). Nonpermissible electronic
surveying equipment will not be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in or inby the last
open crosscut. If there are two people in the surveying crew, both
persons will continuously monitor for methane. The other person will
either be a qualified person, as defined in 30 CFR 75.151, or be in the
process of being trained to be a qualified person but has yet to make
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon
completion of the 6-month training period, the second person on the
surveying crew must become qualified, as defined in 30 CFR 75.151, in
order to continue on the surveying crew. If the surveying crew consists
of one person, that person will monitor for methane with two separate
devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air outby the last
open crosscut. Replacement batteries will be carried only in the
compartment provided for a spare battery in the nonpermissible
electronic surveying equipment carrying case. Before each shift of
surveying, all batteries for the nonpermissible electronic surveying
equipment will be charged sufficiently so that they are not expected to
be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment in or
inby the last open crosscut, the surveyor will confirm by measurement
or by inquiry of the person in charge of the section, that the air
quantity on the section, on that shift, in or inby the last open
crosscut is at least the minimum quantity that is required by the
mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in or inby the last open
crosscut. A record of the training will be kept with the other training
records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in or inby the last open crosscut,
regardless of whether
[[Page 19164]]
the equipment is used by the operator or by an independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2020-003-C.
Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650.
Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal
Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-
09541, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in return airways.
The petitioner states that:
(1) The operator is seeking a modification of this standard, which
relates to battery powered, non-permissible surveying equipment,
including battery operated mine transits, total station surveying
equipment, distance meters and data loggers.
(2) The operator seeks a petition for modification relating to
battery-powered, non-permissible surveying equipment.
(3) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(4) Application of the existing standard would result in a
diminution of safety to miners. Underground mining by its nature, size,
and complexity of mine plans requires that accurate and precise
measurements be completed in a prompt and efficient manner.
(5) The alternative method will at all times guarantee no less than
the same measure of protection afforded by this standard.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) The operator may use the following total stations and
theodolites and similar low-voltage battery-operated total stations and
theodolites if they have an ingress protection (IP) rating of 66 or
greater in return airways, subject to this petition:
--Sokkia CX-105LN
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by the person who operates the
equipment prior to taking the equipment underground to ensure the
equipment is being maintained in a safe operating condition. The result
of these examinations will be recorded in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
[[Page 19165]]
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in
return airways will not be put into service until MSHA has initially
inspected the equipment and determined that it is in compliance with
all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn out
of return airways. All requirements of 30 CFR 75.323 will be complied
with prior to entering in return airways.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment in return airways, the surveyor(s) will conduct a
visual examination of the immediate area for evidence that the area
appears to be sufficiently rock-dusted and for the presence of
accumulated float coal dust. If the rock-dusting appears insufficient
or the presence of accumulated float coal dust is observed, the
equipment will not be energized until sufficient rock-dust has been
applied and/or the accumulations of float coal dust have been cleaned
up. If nonpermissible electronic surveying equipment is to be used in
an area not rock-dusted within 40 feet of a working face where a
continuous mining machine is used, the area will be rocked-dusted prior
to energizing the nonpermissible electronic surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in return airways, methane tests will be made in accordance
with 30 CFR 75.323(a). Nonpermissible electronic surveying equipment
will not be used in return airways when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in return airways. If
there are two people in the surveying crew, both persons will
continuously monitor for methane. The other person will either be a
qualified person, as defined in 30 CFR 75.151, or be in the process of
being trained to be a qualified person but has yet to make such tests
for a period of 6 months, as required in 30 CFR 75.150. Upon completion
of the 6-month training period, the second person on the surveying crew
must become qualified, as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the surveying crew consists of one
person, that person will monitor for methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air out of return
airways. Replacement batteries will be carried only in the compartment
provided for a spare battery in the nonpermissible electronic surveying
equipment carrying case. Before each shift of surveying, all batteries
for the nonpermissible electronic surveying equipment will be charged
sufficiently so that they are not expected to be replaced on that
shift.
(o) When using nonpermissible electronic surveying equipment in
return airways, the surveyor will confirm by measurement or by inquiry
of the person in charge of the section, that the air quantity on the
section, on that shift, in return airways is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in return airways. A
record of the training will be kept with the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in return airways, regardless of
whether the equipment is used by the operator or by an independent
contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will
[[Page 19166]]
cease surveying and communicate to the section foreman that ventilation
must be disrupted. Production will stop while ventilation is disrupted.
Ventilation controls will be reestablished immediately after the
disruption is no longer necessary. Production will only resume after
all ventilation controls are reestablished and are in compliance with
approved ventilation or other plans, and other applicable laws,
standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2020-004-C.
Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650.
Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal
Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-
09541, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
within 150 feet of pillar workings and longwall faces.
The petitioner states that:
(1) The operator is seeking a modification of this standard, which
relates to battery powered, non-permissible surveying equipment,
including battery operated mine transits, total station surveying
equipment, distance meters and data loggers.
(2) The operator seeks a petition for modification relating to
battery-powered, non-permissible surveying equipment.
(3) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(4) Application of the existing standard would result in a
diminution of safety to miners. Underground mining by its nature, size,
and complexity of mine plans requires that accurate and precise
measurements be completed in a prompt and efficient manner.
(5) The alternative method will at all times guarantee no less than
the same measure of protection afforded by this standard.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) The operator may use the following total stations and
theodolites and similar low-voltage battery-operated total stations and
theodolites if they have an ingress protection (IP) rating of 66 or
greater within 150 feet of pillar workings or longwall faces subject to
this petition:
--Sokkia CX-105LN
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings or longwall faces will be examined
by the person who operates the equipment prior to taking the equipment
underground to ensure the equipment is being maintained in a safe
operating condition. The result of these examinations will be recorded
in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used within
150 feet of pillar workings or longwall faces will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions of this
petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
further than 150 feet from pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be complied with prior to entering
within 150 feet of pillar workings or longwall faces.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within 150 feet of pillar
[[Page 19167]]
workings or longwall faces, the surveyor(s) will conduct a visual
examination of the immediate area for evidence that the area appears to
be sufficiently rock-dusted and for the presence of accumulated float
coal dust. If the rock-dusting appears insufficient or the presence of
accumulated float coal dust is observed, the equipment will not be
energized until sufficient rock-dust has been applied and/or the
accumulations of float coal dust have been cleaned up. If
nonpermissible electronic surveying equipment is to be used in an area
not rock-dusted within 40 feet of a working face where a continuous
mining machine is used, the area will be rocked-dusted prior to
energizing the nonpermissible electronic surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment within 150 feet of pillar workings and longwall faces,
methane tests will be made in accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying equipment will not be used within
150 feet of pillar workings or longwall faces when production is
occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment within 150 feet of
pillar workings and longwall faces. If there are two people in the
surveying crew, both persons will continuously monitor for methane. The
other person will either be a qualified person, as defined in 30 CFR
75.151, or be in the process of being trained to be a qualified person
but has yet to make such tests for a period of 6 months, as required in
30 CFR 75.150. Upon completion of the 6-month training period, the
second person on the surveying crew must become qualified, as defined
in 30 CFR 75.151, in order to continue on the surveying crew. If the
surveying crew consists of one person, that person will monitor for
methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air more than 150
feet from pillar workings or longwall faces. Replacement batteries will
be carried only in the compartment provided for a spare battery in the
nonpermissible electronic surveying equipment carrying case. Before
each shift of surveying, all batteries for the nonpermissible
electronic surveying equipment will be charged sufficiently so that
they are not expected to be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment within
150 feet of pillar workings or longwall faces, the surveyor will
confirm by measurement or by inquiry of the person in charge of the
section, that the air quantity on the section, on that shift, within
150 feet of pillar workings or longwall faces is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment within 150 feet of pillar
workings or longwall faces. A record of the training will be kept with
the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used within 150 feet of pillar workings
or longwall faces, regardless of whether the equipment is used by the
operator or by an independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the
[[Page 19168]]
disruption to the section foreman, the date and time production ceased,
the date and time ventilation was reestablished, and the date and time
production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-07063 Filed 4-3-20; 8:45 am]
BILLING CODE 4520-43-P
