Petitions for Modification of Application of Existing Mandatory Safety Standards

Citation85 FR 47404
Record Number2020-17017
Published date05 August 2020
SectionNotices
CourtMine Safety And Health Administration
Federal Register, Volume 85 Issue 151 (Wednesday, August 5, 2020)
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
                [Notices]
                [Pages 47404-47417]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-17017]
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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 6 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 September 4,
                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: Aromie Noe, Office of Standards,
                Regulations, and Variances at 202-693-9557 (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
                [[Page 47405]]
                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
                 Docket Number: M-2020-008-C.
                 Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport,
                West Virginia 26330.
                 Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour
                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 total station surveying equipment, distance meters,
                theodolites, and data loggers, in or inby the last open crosscut.
                 The petitioner states that:
                 (a) The Longview mine will utilize room and pillar and longwall
                coal mining methods.
                 (b) Coal extraction will be at an average mining height of 6.5
                feet; at the Longview Portal, the coal seam will be 880 feet below the
                surface. It will be ventilated by a 16-foot diameter intake air shaft
                and fan at the portal site. A 24-foot combination return and hoist
                divided shaft will be used for exhaust air and personnel access through
                a 5-ton rated hoist and cage.
                 (c) Coal will be transported from the seam to the surface using a
                72-inch mine conveyor.
                 (d) To support mining operations, specifically for accurately
                locating entries, bore holes, gas wells, and other features, mine
                surveying will be used. Surveying technology such as total stations and
                theodolites have advanced greatly in recent years, allowing for
                increased accuracy and precision for calculating distances and angles.
                These new surveying systems are not currently MSHA-certified and do not
                meet the requirements of 30 CFR 75.500(d). For this equipment to be
                employed in the Longview mine, the mine operator has submitted this
                petition for modification of 30 CFR 75.500(d).
                 As an alternative to the existing standard, the petitioner proposes
                the following:
                 (a) The operator proposes to 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:
                (1) Sokkia Electronic Total Station Model SET 350RX-3
                (2) Sokkia Electronic Total Station Model SET 350R
                (3) Sokkia Electronic Total Station Model SETS 50 RX
                (4) Sokkia Electronic Total Station Model SET-300
                (5) Sokkia Compact X-ellence Station CX
                (6) Sokkia Compact X-ellence Station CX-60
                (7) Sokkia Intelligence Measurement Station iM-100
                (8) Sokkia SHC250 Data Collector
                (9) Topcon Electronic Total Station Model GTS-225
                (10) Topcon Electronic Total Station Model GTS-300W
                (11) Topcon Digital Theodolite Model DT-270L
                (12) Topcon Digital Theodolite Model DT-209L
                (13) Topcon Electronic Total Station Model GTS-301D
                (14) Topcon Electronic Total Station Model GTS-235W
                (15) Topcon Electronic Total Station Model GM-50
                (16) Topcon Electronic Total Station Model GM-100
                (17) Topcon FC-5000 Handheld Controller
                (18) Topcon FC-500 Handheld Controller
                 (b) The survey equipment will only be used if the equipment has an
                IP 66 rating or higher when available, if such a rating is not
                available then the highest IP rating available will be used. If the
                equipment contains lithium batteries, they will meet the lithium
                battery safety standard UL 1642 or IEC 62133.
                 (c) A record of the equipment will be kept on mine property in
                either a secure book or electronically in a secure computer where the
                records will not be alterable. The record will contain: The date of
                manufacture and/or the purchase information of each piece of survey
                equipment; proof of compliance with lithium battery standards; the
                original equipment manufacturers' user and maintenance manuals. These
                records will be available to the Authorized Representatives of the
                Secretary and miners at the mine.
                 (d) Survey equipment will be examined by a qualified person, as in
                30 CFR 75.153, before the equipment is taken underground to ensure safe
                operating conditions. The minimum requirements of the examination by a
                qualified person are the following:
                 (1) Check the equipment for physical damage and the integrity of
                the case;
                 (2) Remove the battery and check for corrosion, if removable;
                 (3) Inspect the contact points to ensure a secure connection to the
                battery, if removable;
                 (4) Reinsert the battery, power up and shut down to ensure proper
                connections, if accessible;
                 (5) Check the battery compartment cover or battery attachment to
                ensure that it is securely fastened; and
                 (6) For equipment utilizing lithium cells, the cells will be
                inspected to ensure they are not damaged or swelled in size.
                 (7) The results of the examinations will be recorded.
                 (e) A qualified person, as in 30 CFR 75.512-2, will examine the
                equipment weekly and record the results. Records will be expunged after
                one year.
                 (f) The equipment will be serviced per the manufacturers'
                recommendation, dates of service and a description of the work
                performed will be recorded.
                 (g) 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. Batteries will not be removed to de-energize equipment due to
                the possibility of accidental short-circuiting. All requirements of 30
                CFR 75.323 will be complied with prior to entering in or inby the last
                open crosscut.
                 (h) A qualified person, as in 30 CFR 75.100, will conduct a visual
                examination of the location that the survey equipment will be used in
                before the equipment is taken into or energized in that area. The
                visual examination will include: Evidence that the area is properly
                rock dusted and whether there is an accumulation of combustible
                material (such as float coal dust). If float coal dust is observed in
                suspension then the equipment cannot be energized until sufficient rock
                dusting has been applied and/or the combustible material has been
                cleaned up or removed.
                 (i) A methane test will be made at least 12 inches from the roof,
                face, ribs, and floor (as set out by 30 CFR 75.323)
                [[Page 47406]]
                before energizing equipment in the subject area.
                 (j) Hand-held methane detectors will be MSHA-approved as set forth
                by 30 CFR 75.320. Measurement devices will be calibrated or bump tested
                before each shift to ensure that they function properly. Methane
                detectors will provide visual and audible warnings when methane is
                detected above 1.0 percent.
                 (k) As required by 30 CFR 75.360, the subject area must be pre-
                shift examined before using surveying equipment. If not examined pre-
                shift, a supplemental examination will be conducted (as in 30 CFR
                75.361) before a noncertified person enters the subject area.
                 (l) A qualified person must confirm, either by measurement or
                inquiry of the certified person in charge of the section, that the air
                quantity meets the minimum quantity required by the mine's approved
                ventilation plan.
                 (m) Methane will be continuously monitored before and during the
                use of equipment in the subject area by a qualified person.
                 (n) Batteries must be ``changed out'' in the intake area and no
                work will be performed on the equipment listed in the petition while in
                the subject area. Replacement batteries will not be brought into the
                subject area; all batteries for equipment listed will be charged and
                protected (using equipment carrying cases or in the equipment) during
                each entry into the mine.
                 (o) The following maintenance and use conditions are required for
                lithium batteries:
                 (1) The battery pack will not be disassembled or modified by anyone
                other than permitted by the manufacturer of the equipment.
                 (2) The battery pack will only be charged using the original
                equipment manufacturer's recommended charger.
                 (3) The battery will not be exposed to water or allowed to get wet;
                not precluding incidental exposure of sealed battery packs.
                 (4) The battery will not be placed in direct sunlight or used or
                stored near a source of heat.
                 (5) The battery will not be used at the end of its life cycle (when
                there is a performance decrease of greater than 20% in battery operated
                equipment).
                 (6) The battery will be properly disposed of.
                 (p) Personnel using the equipment will be qualified, as in 30 CFR
                75.153, and trained according to the manufacturer's recommended safe
                use procedures, including recognizing hazards associated with using
                equipment where methane could be present.
                 (q) The above non-permissible survey equipment will be used when
                production is occurring, if the following conditions are met:
                 (1) 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.
                 (2) Production will continue while nonpermissible electronic
                surveying equipment is used, if such equipment is used in a separate
                split of air from where production is occurring, or the surveying
                equipment is upwind of the production equipment.
                 (3) 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.
                 (4) 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.
                 (5) 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. 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.
                 (6) 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 personnel on request.
                 (r) 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-2020-009-C.
                 Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport,
                West Virginia 26330.
                 Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour
                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 the use of nonpermissible electronic
                testing and diagnostic equipment, in or inby the last open crosscut.
                 The petitioner states that:
                 (a) The Longview mine will utilize room and pillar and longwall
                coal mining methods.
                 (b) Coal extraction will be at an average mining height of 6.5
                feet; at the Longview Portal, the coal seam will be 880 feet below the
                surface. It will be ventilated by a 16-foot diameter intake air shaft
                and fan at the portal site. A 24-foot combination return and hoist
                shaft will be used for exhaust air and personnel access through a 5-ton
                rated hoist and cage.
                 (c) Coal will be transported from the seam to the top of the slope
                using a 72-inch mine conveyor.
                 (d) To support mining, electrical testing and diagnostic equipment
                is necessary. Modern mining equipment includes programmable logic
                controllers which use digital signals from machine sensors to govern
                machine systems. To troubleshoot such modern systems, as required by 30
                CFR 75.503, certain electronic tools are needed such as electronic
                tachometers. This electronic equipment includes: Laptop computers to
                communicate with machine control systems; vibration, temperature, and
                electronic tachometers to support preventative and predictive
                maintenance to identify hazards; cable fault detectors and insulation
                testers (meggers), which identify and locate insulation failures in
                trailing cables, electric motors, and control cables with power
                removed; oscilloscopes to view machine control and communication
                signals for proper wave forms frequency and amplitude, removing
                improper control signals that can create hazards to mine personnel;
                voltage, current, resistance, and power test meters for troubleshooting
                that mining machines and systems are properly functioning. These
                electronic systems are not currently MSHA-certified and do not meet the
                requirements of 30 CFR
                [[Page 47407]]
                75.500(d). For this equipment to be employed in the Longview mine, the
                mine operator has submitted this petition for modification of 30 CFR
                75.500(d).
                 As an alternative to the existing standard, the petitioner proposes
                the following:
                 (a) The petitioner proposes using the following testing and
                diagnostic equipment inby the last open crosscut: Laptop computers,
                oscilloscopes, vibration analysis machines, cable fault detectors,
                point temperature probes, infrared temperature devices, insulation
                testers (meggers), voltage, current, resistance meters, power testers,
                and electronic tachometers. Other testing and diagnostic equipment
                would also be used if approved in advance by MSHA's District Manager.
                The petitioner will use more than one piece of testing equipment at the
                same time.
                 (b) The petition excludes MSHA's already approved list of
                permissible electronic testing and diagnostic equipment.
                 (c) The testing or diagnostic equipment will only be used:
                 (1) Until equal MSHA-approved permissible electronic testing and
                diagnostic equipment is available.
                 (2) When commercially available, the operator must use equipment
                that meets IEC 60079-11 or the ANSI/UL 60079-11 for two-fault IS
                (marked ia), one-fault IS (marked ib), or no-fault IS (marked ic) in
                that order of preference. The equipment must have an IP 66 rating or
                higher when available; if IP 66 is not available, the highest available
                IP rating available will be used.
                 (3) If any of the equipment uses lithium batteries, they must meet
                lithium battery safety standards UL1642, IEC 62133, or current equal
                standards.
                 (d) A record of the equipment will be kept on mine property in
                either a secure book or electronically in a secure computer where the
                records will not be alterable. The record will contain: The date of
                manufacture and/or the purchase information of each piece of equipment;
                proof of compliance with lithium battery standards; the original
                equipment manufacturers' user and maintenance manuals. These records
                will be available to the Authorized Representatives of the Secretary
                and miners at the mine.
                 (e) Testing or diagnostic equipment will be examined by a qualified
                person, as in 30 CFR 75.153, before the equipment is taken underground
                to ensure safe operating conditions. The minimum requirements of the
                examination by a qualified person are the following:
                 (1) Check the instrument for physical damage and the integrity of
                the case;
                 (2) Check that the battery compartment cover or attachment is
                securely fastened if equipped; and
                 (3) For equipment utilizing lithium cells, the cells will be
                inspected to ensure they are not damaged or swelled in size.
                 (4) The results of the examinations will be recorded.
                 (f) A qualified person, as in 30 CFR 75.512-2, will examine the
                equipment weekly and record the results. Records will be expunged after
                one year.
                 (g) The equipment will be serviced per the manufacturers'
                recommendation, dates of service and a description of the work
                performed will be recorded.
                 (h) 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. Batteries will not be removed to de-energize equipment due to
                the possibility of accidental short-circuiting. All requirements of 30
                CFR 75.323 will be complied with prior to entering in or inby the last
                open crosscut.
                 (i) A qualified person, as in 30 CFR 75.100, will conduct a visual
                examination of the location that the testing equipment will be used in
                before the equipment is taken into or energized in that area. The
                visual examination will include: Evidence that the area is properly
                rock dusted and whether there is an accumulation of combustible
                material (such as float coal dust). If float coal dust is observed in
                suspension then the equipment will not be energized until sufficient
                rock dusting has been applied and/or the combustible material has been
                cleaned up or removed.
                 (j) All hand-held methane detectors will be MSHA-approved as set
                forth by 30 CFR 75.320. Measurement devices will be calibrated or bump
                tested before each shift to ensure that they function properly. Methane
                detectors will provide visual and audible warnings when methane is
                detected above 1.0 percent.
                 (k) Methane tests will be made at least 12 inches from the roof,
                face, ribs and floor, as in 30 CFR 75.323(a), before energizing
                equipment in the subject area.
                 (l) As required by 30 CFR 75.360, the subject area will be pre-
                shift examined before using equipment. If not examined pre-shift, a
                supplemental examination will be conducted (as in 30 CFR 75.361) before
                a noncertified person enters the subject area.
                 (m) A qualified person will confirm, either by measurement or
                inquiry of the certified person in charge of the section, that the air
                quantity for that shift meets the minimum quantity required by the
                mine's approved ventilation plan before using any testing or diagnostic
                equipment.
                 (n) A qualified person will continuously monitor methane
                immediately before and during use of testing and diagnostic equipment
                in the area. Monitoring will be conducted using a hand-held methane
                detector, positioned in locations with the best possibility of
                detecting hazardous gas in the area where equipment is being used; a
                qualified person will be with the equipment while it is in use.
                 (o) Batteries must be ``changed out'' in intake area and no work
                will be conducted on the equipment while in the subject area.
                Replacement batteries will not be brought into the subject area; all
                batteries for equipment listed will be charged and protected (using
                equipment carrying cases or in the equipment) each entry into the mine.
                 (p) The following maintenance and use conditions will apply to
                lithium batteries:
                 (1) The battery pack will not be disassembled or modified by anyone
                other than permitted by the manufacturer of the equipment.
                 (2) The battery pack will only be charged using the original
                equipment manufacturer's recommended charger.
                 (3) The battery will not be exposed to water or allowed to get wet;
                not precluding incidental exposure of sealed battery packs.
                 (4) The battery will not be placed in direct sunlight or used or
                stored near a source of heat.
                 (5) The battery will not be used at the end of its life cycle (when
                there is a performance decrease of greater than 20% in battery operated
                equipment).
                 (6) The battery will be properly disposed.
                 (q) Personnel using the equipment will be qualified, as in 30 CFR
                75.153, and trained according to the manufacturer's recommended safe
                use procedures, including recognizing hazards associated with using
                equipment where methane could be present.
                 (r) All qualified persons and miners affected by this petition will
                receive specific training on the conditions of this petition before
                using testing and diagnostic equipment in the subject area. A record of
                training will be: Maintained, provided upon request by an Authorized
                Representative of the Secretary, documented on a MSHA Certificate of
                Training form (form 5000-
                [[Page 47408]]
                23); a notation will be included on the certificate of training to
                indicate that it was for non-permissible testing equipment.
                 (s) Testing or diagnostic equipment will not be used when coal
                production is occurring on the MMU and all mining on the MMU will stop
                before use of testing or diagnostic equipment in the subject area. If
                troubleshooting or testing without power, the petitioner will de-
                energize, lock, and tag-out the circuit on the equipment. Personal
                protective equipment (like electrically rated gloves), will be worn
                when troubleshooting or testing energized low and medium voltage
                circuits. Once the issue is determined, before performing electrical
                work, petitioners will open the circuit breaker, disconnect, and lock-
                out and tag-out the visual disconnect device. High voltage circuits
                will be grounded before conducting repairs.
                 (t) 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-2020-010-C.
                 Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport,
                West Virginia 26330.
                 Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour
                County, West Virginia.
                 Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
                 Modification Request: The petitioner requests a modification of the
                existing standard, 30 CFR 75.1700, as it relates to vertical oil and
                gas wells at the Longview mine. The operator is petitioning in order to
                mine through existing wells as they are met.
                 The petitioner states that:
                 (a) The Longview mine will utilize room and pillar and longwall
                coal mining methods.
                 (b) Coal extraction will be at an average mining height of 6.5
                feet; at the Longview Portal, the coal seam will be 880 feet below the
                surface. It will be ventilated by a 16-foot diameter intake air shaft
                and fan at the portal site. A 24-foot combination return and hoist
                divided shaft will be used for exhaust air and personnel access through
                a 5-ton rated hoist and cage.
                 (c) Coal will be transported from the seam to the surface using a
                72-inch mine conveyor.
                 (d) In order to efficiently develop and mine the reserve, the
                petitioner is planning to mine through conventional vertical and coal
                bed methane (CBM) wells, instead of utilizing the 300' barrier that is
                required by 30 CFR 75.1700, by cleaning out, preparing, plugging, and/
                or re-plugging each well and follow safety precautions as outlined
                below. CBM wells are drilled from the surface to develop horizontal
                branches within the coal seam; multiple branches can be developed from
                a single well and multiple seams from a single well. The proprietary
                drilling process is generically known as surface directional drilled
                (SDD) wells.
                 (e) In the Longview mine, there are approximately 194 conventional
                or CBM wells. 116 are active, 19 are abandoned, and 59 are plugged.
                There are 4 CBM wells, 5 horizontal wells, and 185 vertical wells
                restricting Longview mining operations. The petitioner proposes to
                address potential hazards to miners, presented by CBM wells, through
                plugging procedures, water infusion, ventilation methods, and other
                safety precautions.
                 As an alternative to the existing standard, the petitioner proposes
                the following:
                 (a) The following are proposed for safety barriers:
                 (1) A safety barrier will be constructed and maintained around each
                conventional vertical oil and gas wells (active, inactive, abandoned,
                shut-in, and previously plugged wells, including water injections
                wells) until mining is allowed to continue by the district manager. The
                safety barrier will be 300 feet in diameter and 150 feet between a
                mined area and conventional vertical well. The petitioner will request
                a permit to lower the 300-foot safety barrier if the operator's planned
                mining operations will not intersect a well but will mine within the
                300-foot barrier.
                 (2) There is a probability of error of location due to estimated
                location systems, which depending on the equipment and techniques are
                accurate to within one or two degrees. Probability of error is
                dependent on a cone described by the accuracy of angular measurements
                around the hole. Other errors include: Underground survey errors,
                surface survey errors, and random survey errors.
                 (3) The minimum working barrier surrounding a coalbed methane well
                or any branches of a coalbed methane well will be 50 feet plus the
                probable error of location. 50 feet is considered by the petitioner to
                be a reasonable distance between the well and mining operations.
                 (4) The petitioner will provide the district manager with a sworn
                affidavit or declaration by a company official (accompanied by logs and
                records requested) that procedures for cleaning out, preparing, and
                plugging oil or gas wells have been done according to the terms and
                condition of this petition, before mining within the safety barrier
                around the well.
                 (b) Proposed procedures for cleaning out, preparing, plugging, and
                replugging oil or gas wells:
                 (1) For preparing conventional vertical oil and gas wells before
                plugging or replugging:
                 (i) The petitioner will completely clean out the well from the
                surface to at least 200 feet below the base of the lowest mineable coal
                seam, removing material from the well (wall to wall).
                 (ii) Down-hole logs will be prepared for each well consisting of
                caliper survey logs suitable for determining the top, bottom, and
                thickness of all coal seams and potential hydrocarbon producing strata
                and the location for the bridge plug. A journal will be kept describing
                the depth and nature of materials encountered, the bit size and type
                used to drill each portion of the hole; the length and type of material
                for plugging the well, the length of casing removed, perforated or
                ripped or left in place, any sections where casing was cut or milled,
                or any other information for cleaning and sealing the well. Invoices,
                work-orders, and other related records will be maintained and available
                to MSHA at request.
                 (iii) When cleaning out the well, a diligent effort will be made to
                remove all the casing in the well, but if it is not possible then the
                petitioner will make sure that the annulus between the casing and well
                walls are filled with expanding cement (at a minimum 0.5% expansion
                upon setting) with no voids. If the casing cannot be removed, it will
                be cut or milled at all mineable coal seam levels. Remaining casing
                will be perforated or ripped every 50 feet from 200 feet below the base
                of the lowest mineable coal seam and up to 100 feet above the uppermost
                part of the mineable coal seam. If the petitioner, using a casing bond,
                can demonstrate the annuli in the wells are adequately sealed with
                cement, the petitioner will not perforate or rip casing for that well.
                If there are multiple casing and tubing strings present in the coal
                horizon(s), remaining casing can be ripped or perforated and filled
                with expanding cement, as directed above. An acceptable casing bond log
                for each casing and tubing string will be provided if used instead of
                ripping or perforating multiple strings.
                 (iv) If the cleaned-out well is emitting excessive gas, a
                mechanical bridge plug will be placed in the well in a competent
                stratum at least 200 feet below the base of the lowest mineable coal
                seam, but above the top of the uppermost hydrocarbon-producing
                [[Page 47409]]
                stratum. If this is not possible, a properly sized packer will be used.
                 (v) If the uppermost hydrocarbon-producing stratum is within 300
                feet of the base of the lowest minable coal seam, the properly placed
                mechanical bridge plugs, described in subparagraph (b)(1)(iv) above,
                will be used to isolate the hydrocarbon-producing stratum from the
                expanding cement plug. Nonetheless, a minimum of 200 feet of expanding
                cement will be placed below the lowest mineable coal seam.
                 (2) For plugging or replugging conventional vertical oil or gas
                wells to the surface: A cement plug will be set by pumping an expanding
                cement slurry down the well from at least 200 feet below the base of
                the lowest mineable coal seam under 200 pounds per square inch of
                pressure, using Portland cement or another lightweight cement to fill
                from 100 feet above the top of the uppermost mineable coal seam to the
                surface; steel turnings or small magnetic particles will be embedded in
                the top of the cement near the surface as a permanent magnetic monument
                of the well, or alternatively, a 4.5 inch or larger casing set in
                cement will be extended 36 inches above ground level with the API well
                number engraved or welded on the casing (if not marked physically,
                high-resolution GPS coordinates will be provided).
                 (3) For plugging or replugging conventional vertical oil and gas
                wells for use as degasification boreholes:
                 (i) A cement plug will be set in the well by pumping an expanding
                cement slurry down the tubing to provide at least 200 feet of expanding
                cement below the lowest mineable coal seam under 200 pounds per square
                inch of pressure. The top of the expanding cement will extend above the
                coal seam being mined by at least 30 feet.
                 (ii) The bedrock will be grouted into the upper part of the
                degasification well to protect it and the remainder will be cased or
                uncased.
                 (iii) The top of the degasification casing will be fitted with a
                wellhead. Such equipment will include check valves, shut-in valves,
                sampling ports, flame arrestor equipment, and security fencing.
                 (iv) The ventilation plan will address the operation of the
                degasification well, including periodic methane tests and limits on the
                extraction of methane concentrations.
                 (v) After the part of the coal mine that has been degassed by a
                well is sealed or if the coal mine is abandoned, degassed holes will be
                sealed by: Inserting a tube to the bottom of the hole (if not possible
                then not greater than 100 feet above the mined seam) and removing any
                blockage. A cement plug will be set in the well by pumping Portland
                cement or another lightweight cement mixture down the tubing until the
                well is filled to the surface; steel turnings or small magnetic
                particles will be embedded in the top of the cement near the surface to
                serve as a permanent magnetic monument for the well, alternatively a
                4.5 inch or larger casing, set in cement, will be extended 36 inches
                above ground level with the API well number engraved or welded on the
                casing (if not marked physically, a high-resolution GPS coordinates
                will be provided).
                 (4) An alternative to preparing and plugging or replugging
                conventional vertical oil or gas wells:
                 (i) The below provisions apply to wells that cannot be cleaned out
                because of damage, caused by subsidence, caving, or other factors.
                 (ii) A hole will be drilled adjacent and parallel to the well to a
                depth of at least 200 feet below the lowest mineable coal seam.
                 (iii) A geophysical sensing device will be used to locate casings
                remaining in the well.
                 (iv) If there are casing(s) present in the well, the petitioner
                will access the well from a parallel hole, the peitioner will perforate
                or rip all casings at intervals of at least 5 feet, from 10 feet below
                the coal seam to 10 feet above the coal seam. After that, the
                petitioner will perforate or rip at least every 50 feet from 200 feet
                below the base of the lowest mineable coal seam up to 100 feet above
                the seam mined. The annulus between casings and the well wall will be
                filled with expanding cement (at a minimum 0.5% expansion upon
                setting), with no voids. If the petitioner, using a casing bond, can
                demonstrate that the annulus of the well is adequately sealed with
                cement, the petitioner will not perforate or rip casing for that well.
                When there are multiple casings and tubing strings in the coal horizon,
                remaining casing will be ripped or perforated and filled with expanding
                cement. A casing bond log for casing and tubing string will be used
                instead of ripping or perforating multiple strings.
                 (v) If there is not enough casing in the well, a horizontal
                hydraulic fracturing technique can be used to intercept the original
                well. The petitioner will fracture at least six places at intervals
                agreed on with the district manager after taking into account
                geological strata and well pressure. These fractures will be from at
                least 200 feet below the base of the lowest mineable coal seam to at
                least 50 feet above the seam mined. Expanding cement will be pumped
                into the fractured well to intercept voids.
                 (vi) Down-hole logs will be prepared for each well consisting of a
                caliper survey and log(s) suitable for determining the top, bottom, and
                thickness of coal seams and the potential hydrocarbon-producing strata
                and the location for the bridge plug. Logs can be obtained from an
                adjacent hole if the conditions of the well makes it impractical to
                insert the equipment necessary to obtain the log. Down hole camera
                surveys will be used instead of down-hole logs if the logs are not
                suitable for obtaining the data or are impractical to obtain, due to
                the condition of the drill hole. A journal will be kept describing the
                depth and nature of materials encountered, the bit size and type used
                to drill each portion of the hole, the length and type of materials for
                plugging the well, the length of casing removed, perforated, ripped, or
                left in place, and other information concerning sealing the well.
                Invoices, work-orders, and other related records will be maintained and
                available to MSHA at request.
                 (vii) Once the well has been plugged, the petitioner will use
                Portland cement or another lightweight cement mixture to plug open
                portions of both holes from the bottom to the surface. The petitioner
                will embed steel turnings or small magnetic particles in the top of the
                cement near the top of the surface as a permanent magnetic monument of
                the well, alternatively a 4.5 inch or larger casing, set in cement,
                will be extended 36 inches above ground level with the API well number
                engraved or welded on the casing.
                 (5) The petitioner proposes the following procedures for plugging
                or replugging SDD wells:
                 (i) Approved methods will be completed on each SDD well before
                mining near the minimum working barrier around the well; if methane
                leakage is an issue during retreat mining, the minimum working barrier
                must be maintained around wells for a safe intersection.
                 (ii) Cement plugs will be used to fill the SDD hole system using
                squeeze cementing due to the lack of tubing. Cement will be used to
                eliminate methane leakage. After the cement has cured, the SDD system
                will be intersected multiple times without additional hole preparation.
                Gas cutting will occur if the cement placement pressure is less than
                the methane pressure. If done, gas will bubble out of the seam into the
                unset cement creating pressurized voids or interconnected pressurized
                voids. Water cutting occurs when water in the hole enters unset cement.
                Standing water will be bailed out of the hole or driven into the
                [[Page 47410]]
                formation with compressed gas to lessen water cutting. Cement pressure
                must be kept higher than the formation pressure until its sets to avoid
                water and gas cutting. Because of the amount of cement and potential
                problems, pumping units with back-up capacity will be used. Additives
                such as retarders, lightweight extenders, viscosity modifiers,
                thixotropic modifiers, and fly ash will be added to the cement mix. The
                volume of the cement pumped will exceed the hole volume to fill voids.
                Safety Data Sheets for all materials, cements, additives, components of
                protective equipment, and techniques protecting workers from potential
                harm from cement (along with cement components) will be kept in records
                at the mine office along with records of the mixes, materials,
                pressures, flow rates and times for each plugged hole.
                 (iii) SDD holes plugged before mining will have appropriate
                documentation of the cement plugging.
                 (iv) Polymer gels will be pumped into the SDD system; they start as
                low viscosity, water-based mixtures of organic polymers that are
                crosslinked using time-delayed activators to create water-insoluble,
                high viscosity gel after being pumped into the SDD system. Although
                polymer gel never solidify, the activated gel should develop sufficient
                strength to resist gas flow. Such gel suitable for treating SDD wells
                for mine intersection will reliably fill the SDD system and prevent
                gas-filled voids.
                 (v) These gels will be resistant to bacteria and chemical
                degradation and will stay stable throughout the mining of an SDD
                system. The following are considerations for polymer gels: (1) Water
                can dilute the gel, making it unable to set to the applicable strength.
                Water will be removed from holes before gel is injected, which will be
                accomplished through bailing and injecting compressed gas to push water
                that is in low spots into formation. This process of gas pressurization
                will continue until the hole is dry. Dissolved salts in the formation
                waters can also pose a potential problem because they can interfere
                with the cross-linking reactions using gels. (2) The equipment to mix
                and pump gels will be able to fill the hole before the gel sets and
                backup units will be on hand in case issues arise. The volume of gel
                pumped will exceed estimated hole volume to make sure voids are filled
                and for gel to infiltrate joints surrounding the hole. To reduce the
                potential for inundation of gel, the level will be close to the level
                of the coal seam and the rest of the hole will be open to atmosphere
                until mining in the SDD system vicinity is completed. To isolate
                portions of the SDD system, packers will be used. (3) Safety Data
                Sheets will be maintained in the mine office for all gel components,
                and any protective equipment, and techniques used to protect miners
                from harmful effects of the gel (or gel components). A record of hole
                volume, gel quantities, gel formation, pump pressures, and flow rates
                and times will also be kept for holes treated with gel.
                 (vi) Bentonite gel will be injected into the SDD system to
                infiltrate the cleat and butt joints of the coal seam near the well
                bore to seal conduits against the flow of methane by filling and
                sealing the borehole. Bentonite gel is a thixotropic fluid that sets
                when it stops moving. Bentonite gel has a significantly lower viscosity
                than polymer gel. While the gels seal the borehole, lower strength
                bentonite gel will penetrate fractures and jointing in the coal seem to
                be effective. Bentonite gel will only be used for depleted CBM
                applications with low abandonment pressure and a limited recharge
                potential. The following are procedures for using this gel: (1) A slug
                of water is injected before using bentonite gel to lessen moisture-
                loss, the volume of gel injected should exceed the estimated hole
                volume to make sure that the gel accesses the joints in the coal seam
                around the hole. Additives will be needed to change viscosity, lessen
                filtrates, reduce surface tension, and increase sealing of cracks and
                joints. The level of the gel should approximate the elevation of the
                coal seam and the rest of the hole should be open to atmosphere. (2) If
                a water column is used to pressure gel, it will be taken out to the
                coal seam elevation before intersection occurs. (3) The Safety Data
                Sheets for all gel or protective equipment and techniques to protect
                workers from the potentially harmful effects of the gel and additives
                must be maintained at the office. A record of the hole preparation, gel
                quantities, gel formulation, pump pressures, and flow rates will be
                kept for each hole that is treated by bentonite gel.
                 (vii) To facilitate the safe intersection of a hole near a coal
                mine, the technique of reducing pressure to less than atmospheric
                pressure (using a vacuum blower connected to the wellhead) will be
                used. Negative pressure in the hole limits the amount of methane
                released into higher-pressure mine atmosphere. If the intersection is
                near the end of the horizontal branch of the SDD system, air will go
                into the upstream side of the hole and be reduced through a surface
                blower. On the downstream side of the intersection, if the hole length
                is short, ventilation will dilute methane to safe levels. Intersection
                near the bottom of the vertical hole will not be possible because of
                the difficulty of diluting methane released. The rate of methane
                emissions is directly related to the length of the open hole. Vacuum
                systems will be limited due to caving or water collected in the SDD
                system. The methane liberation rate of coal formation around the well
                is an important factor for the success of vacuum systems. This
                technique is more likely to be successful in more depleted wells with
                lower methane emissions.
                 (viii) To reduce methane inflow after intersection, packers will be
                used. All packers on the downstream side must have a center pipe to
                inject water and measure methane pressure, subsequent intersections
                will not be completed if pressure in a packer-sealed hole is too high.
                Alternatively, methane from the downstream hole can be piped to an in-
                mine degas system to safely transport methane away from the mine or to
                pipe to the return air course for dilution. In-mine methane piping
                should be protected, as required by ``Piping Methane in Underground
                Coal Mines'' (MSHA IR 1094, 1978). Protected methane diffusion zones
                will be established in return air courses, if needed.
                 (ix) Water infusion prior to intersecting the well will temporarily
                limit methane flow. Water infusion will also help control coal dust
                levels during mining. High water infusion pressures will be obtained
                prior to the initial intersection by the hydraulic head resulting from
                the hole depth or by pumping.
                 (x) Water infusion pressure is limited by leakage around in-mine
                packers and issues with the water distribution system; the water level
                in the hole should be lowered to that of the coal seam elevation if
                infusing before the initial intersection.
                 (xi) Negative pressures applied to the system, methane release, use
                of packers, and any water infusion pressures and application time will
                all be recorded and kept for each intersection.
                 (xii) If there are issues during a safe intersection, then remedial
                actions will be taken to counteract those issues.
                 (xiii) If problems are encountered in preparing the holes for safe
                intersection, then remedial measures must be taken to protect the
                miners. For example: If only one-half of the calculated volume of
                cement could be placed into a SDD well due to hole blockage, holes
                should be drilled near each branch that will be intersected and squeeze
                cemented using pressures sufficient to fracture into the potentially
                empty SDD holes.
                [[Page 47411]]
                 (c) The following are proposed methods for mining within the safety
                barrier, or mining through a plugged or replugged well:
                 (1) At least 48 hours before the intended intersection of any well
                or the initial intersection of any branch of an SDD well, the
                petitioner will notify the District Manager, the State, and the miner's
                representative.
                 (2) No person will be permitted in the area of the mining-through
                operation except those actually engaged in the operation, company
                personnel, representatives of the miners, personnel from MSHA, and
                personnel from the appropriate State agency.
                 (3) Before the planned intersection, the petitioner will alert all
                personnel in the mine, to be repeated for all shifts until the well is
                mined through.
                 (4) The mine-through operation will be under the direct supervision
                of a certified individual. Instructions concerning the mine-through
                operation will be issued only by the certified individual in charge.
                 (5) The first intersection of a well or branch of a well is a
                higher risk then ensuing intersections because it is the point where
                well or branch preparation is enough to prevent the release of methane
                into the mine. The following procedures will be required for the first
                intersection encountered:
                 (i) When using continuous mining methods, the petitioner will
                install drivage sights at the last open crosscut near the place to be
                mined to ensure intersection of the well. The drivage sites will not be
                more than 50 feet from the well. When using longwall-mining methods,
                drivage sights will be installed on 10-foot centers for a distance of
                50 feet in advance of the well. Sights will be installed in both the
                headgate and tailgate.
                 (ii) Firefighting equipment will be available and usable in the
                mining site, including fire extinguishers, rock dust, and a fire hose
                that can reach the working face area of the mining-through will be
                available when either the conventional or continuous mining method is
                used.. The fire hose will be located in the last open crosscut of the
                entry or room. The petitioner will maintain the water line to the belt
                conveyor tailpiece as well as a hose long enough to reach the furthest
                point of penetration on the section. For longwall mining, a hose to the
                longwall water supply is enough. All fire hoses will be ready for
                operation during the mining-through.
                 (iii) Sufficient supplies of roof support and ventilation materials
                will be available and located at the last open crosscut. In addition,
                an emergency plug and suitable sealing materials will be available in
                the immediate area of the well intersection.
                 (iv) All equipment will be checked for permissibility and serviced
                on the shift prior to mining-through the well.
                 (v) The methane monitor on the continuous mining machine, or
                cutting machine and loading machine, will be calibrated on the shift
                prior to mining-through the well.
                 (vi) When mining is in progress, tests for methane will be made
                with a hand-held methane detector at least every 10 minutes from the
                time that mining with the continuous mining machine is within 30 feet
                of the well until the well is intersected and immediately prior to
                mining through. During the actual cutting through process, no
                individual will be allowed on the return side until mining-through has
                been completed and the area has been examined and declared safe. All
                workplace exams will be completed on the return side of the shearer
                while the shearer is idle.
                 (vii) When using continuous or conventional mining methods, the
                working place will be free from accumulations of coal dust and coal
                spillages, and rock dust will be placed on the roof, rib and floor
                within 20 feet of the face when mining through or near the well on the
                shift or shifts during which the cut-through will occur. For longwell
                sections, rock dusting will be conducted and placed on the roof, rib,
                and floor up to the headgate and tailgate gob.
                 (viii) When the wellbore is intersected, all equipment will be
                deenergized and the place thoroughly examined and determined safe
                before mining is resumed. After a well has been intersected and the
                working place determined safe, mining will continue inby the well a
                sufficient distance to permit adequate ventilation around the area of
                the well.
                 (ix) The use of torches will not be necessary if the casing is cut
                or milled at the seam level, but in rare circumstance, torches will be
                utilized for improperly cut or milled casings. An open flame will not
                be allowed in the area until methane levels are less than 1.0% (in the
                area exposed to torch flames and sparks) and adequate ventilation is
                established in the area around the well bore. A thick layer of rock
                dust will be applied by the petitioner to the roof, face, floor, ribs
                and any other exposed coal inside of 20 feet of the casing before using
                torches.
                 (x) Non-sparking (brass) tools will be located at and used on the
                working section so as to expose and examine cased wells.
                 (5) The borehole location will be identified when the initial
                intersection with the well or branch is made. The borehole location
                will be identified as the wellbore plot adjusted to reduce the
                established safety zone of 20 feet for ensuing lateral intercepts. At
                each new intersection of a branch of the well, the same process will
                take place except for the reduction of the safety zone.
                 (6) Upon encountering a void at the mine through (i.e., the
                presence of backfill material is not detected), if the methane reading
                is below 1%, then the mining will continue, but if it is greater than
                1%, mining will halt. A mechanical air packer will be installed in the
                rib near the wellhead to correct the situation, the packer will be
                sealed so that leakage does not occur. If this does not address the
                issue, an alternative approach will be approved.
                 (7) Upon encountering a void at the initial mine through (i.e.,
                presence of backfill material not detected), after finishing mining in
                that block, a mechanical or air packer will be installed on the inby
                side of the mined through hole (the first intercept). The void will be
                sealed at the opening using water infusion or grout, before the second
                intercept and expected mine through. These procedures will be repeated
                when new hole intercepts are encountered and where expected mine
                through situations are met for voids.
                 (d) 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-2020-011-C.
                 Petitioner: Jarisa, Inc., 935 State Hwy 317, Neon, KY 41840.
                 Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County,
                Kentucky.
                 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:
                 (a) 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.
                 (b) The petitioner utilizes the continuous mining method.
                [[Page 47412]]
                 (c) Accurate survey equipment is an important safety feature for
                this mine.
                 (d) Mechanical surveying equipment has been obsolete for a number
                of years. Such equipment of acceptable quality is not commercially
                available. Further, it is difficult, if not impossible, to have such
                equipment serviced or repaired.
                 (e) Electronic surveying equipment is, at a minimum, 8 to 10 times
                more accurate than mechanical equipment.
                 (f) 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.
                 As an alternative to the existing standard, the petitioner proposes
                the following:
                 (a) The petitioner will 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:
                --Topcon GTS-233 W 7.2 Volts DC
                --Topcon GPT-3003 LW 7.2 Volts DC
                --Topcon GTS 223 7.2 Volts DC
                --Topcon GTS 243 NW 7.2 Volts DC
                 (b) The nonpermissible electronic surveying equipment is low-
                voltage or battery-powered nonpermissible total stations and
                theodolites, data loggers, and laser distance meters. All
                nonpermissible electronic total stations and theodolites will have an
                IP 66 or greater rating.
                 (c) The petitioner 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 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:
                 (1) Checking the instrument for any physical damage and the
                integrity of the case;
                 (2) Removing the battery and inspecting for corrosion;
                 (3) Inspecting the contact points to ensure a secure connection to
                the battery;
                 (4) Reinserting the battery and powering up and shutting down to
                ensure proper connections; and
                 (5) Checking the battery compartment cover or battery attachment to
                ensure that it is securely fastened.
                 (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 petitioner 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 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 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 will 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
                [[Page 47413]]
                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 petitioner 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 petitioner 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 petitioner 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 petitioner 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 petitioner will ensure that all surveying contractors hired
                by the petitioner 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 the equipment is used by the petitioner or by an
                independent contractor.
                 (u) The petitioner states that it will 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 will 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 will disrupt ventilation, the
                surveyor will cease surveying and communicate to the section foreman
                that ventilation will 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 petitioner will keep a record of the training and
                provide the record to MSHA on request.
                --The petitioner 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 petitioner 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
                petitioner 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-2020-012-C.
                 Petitioner: Jarisa, Inc., 935 State Hwy. 317, Neon, KY 41840.
                 Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County,
                Kentucky.
                 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:
                 (a) 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.
                 (b) The petitioner utilizes the continuous mining method.
                 (c) Accurate survey equipment is an important safety feature for
                this mine.
                 (d) Mechanical surveying equipment has been obsolete for a number
                of years. Such equipment of acceptable quality is not commercially
                available. Further, it is difficult, if not impossible, to have such
                equipment serviced or repaired.
                 (e) Electronic surveying equipment is, at a minimum, 8 to 10 times
                more accurate than mechanical equipment.
                 (f) 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.
                 As an alternative to the existing standard, the petitioner proposes
                the following:
                 (a) The petitioner will 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:
                [[Page 47414]]
                --Topcon GTS-233 W 7.2 Volts DC
                --Topcon GPT-3003 LW 7.2 Volts DC
                --Topcon GTS 223 7.2 Volts DC
                --Topcon GTS 243 NW 7.2 Volts DC
                 (b) The nonpermissible electronic surveying equipment is low-
                voltage or battery-powered nonpermissible total stations and
                theodolites, data loggers, and laser distance meters. All
                nonpermissible electronic total stations and theodolites will have an
                IP 66 or greater rating.
                 (c) The petitioner 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:
                 (1) Checking the instrument for any physical damage and the
                integrity of the case;
                 (2) Removing the battery and inspecting for corrosion;
                 (3) Inspecting the contact points to ensure a secure connection to
                the battery;
                 (4) Reinserting the battery and powering up and shutting down to
                ensure proper connections; and
                 (5) Checking the battery compartment cover or battery attachment to
                ensure that it is securely fastened.
                 (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 petitioner 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
                will 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 petitioner 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 petitioner 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 petitioner 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
                [[Page 47415]]
                years prior to the date that the petition becomes final. After 5 years,
                the petitioner 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 petitioner will ensure that all surveying contractors hired
                by the petitioner 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 petitioner or by an independent
                contractor.
                 (u) The petitioner states that it will 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 will 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 will disrupt ventilation, the
                surveyor will cease surveying and communicate to the section foreman
                that ventilation will 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 petitioner will keep a record of the training and
                provide the record to MSHA on request.
                --The petitioner 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 petitioner 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
                petitioner 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-2019-013-C.
                 Petitioner: Jarisa, Inc., 935 State Hwy. 317, Neon, KY 41840.
                 Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County,
                Kentucky.
                 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:
                 (a) 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.
                 (b) The petitioner utilizes the continuous mining method.
                 (c) Accurate survey equipment is an important safety feature for
                this mine.
                 (d) Mechanical surveying equipment has been obsolete for a number
                of years. Such equipment of acceptable quality is not commercially
                available. Further, it is difficult, if not impossible, to have such
                equipment serviced or repaired.
                 (e) Electronic surveying equipment is, at a minimum, 8 to 10 times
                more accurate than mechanical equipment.
                 (f) 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.
                 As an alternative to the existing standard, the petitioner proposes
                the following:
                 (a) The petitioner will 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:
                --Topcon GTS-233 W 7.2 Volts DC
                --Topcon GPT-3003 LW 7.2 Volts DC
                --Topcon GTS 223 7.2 Volts DC
                --Topcon GTS 243 NW 7.2 Volts DC
                 (b) The nonpermissible electronic surveying equipment is low-
                voltage or battery-powered nonpermissible total stations and
                theodolites, data loggers, and laser distance meters. All
                nonpermissible electronic total stations and theodolites will have an
                IP 66 or greater rating.
                 (c) The petitioner 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:
                [[Page 47416]]
                 (1) Checking the instrument for any physical damage and the
                integrity of the case;
                 (2) Removing the battery and inspecting for corrosion;
                 (3) Inspecting the contact points to ensure a secure connection to
                the battery;
                 (4) Reinserting the battery and powering up and shutting down to
                ensure proper connections; and
                 (5) Checking the battery compartment cover or battery attachment to
                ensure that it is securely fastened.
                 (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 petitioner 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 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 will 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 petitioner 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 petitioner 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 petitioner 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 petitioner 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 petitioner will ensure that all surveying contractors hired
                by the petitioner 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
                petitioner or by an independent contractor.
                [[Page 47417]]
                 (u) The petitioner states that it will 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 will 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 will disrupt ventilation, the
                surveyor will cease surveying and communicate to the section foreman
                that ventilation will 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 petitioner will keep a record of the training and
                provide the record to MSHA on request.
                --The petitioner 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 petitioner 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
                petitioner 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.
                Roslyn Fontaine,
                Deputy Director, Office of Standards, Regulations, and Variances.
                [FR Doc. 2020-17017 Filed 8-4-20; 8:45 am]
                BILLING CODE 4520-43-P
                

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