Petitions for Modification of Application of Existing Mandatory Safety Standards, 28083-28100 [2019-12690]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2019–12686 Filed 6–14–19; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice is a summary of 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 July 17, 2019. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Electronic Mail: zzMSHAcomments@dol.gov. 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: Sheila McConnell, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are SUMMARY: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 28083 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: Barbara Barron, Office of Standards, Regulations, and Variances at 202–693– 9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Facsimile). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor (Secretary) 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. That 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 and procedures for filing petitions for modification. II. Petitions for Modification Docket Number: M–2019–007–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Eagle 3 Mine, MSHA I.D. No. 46–09427, located in Wyoming 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 in or inby the last open crosscut, including, but not limited to portable battery-operated mine transits, and total station surveying equipment. E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28084 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices The petitioner states that: (1) 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. (2) The operator utilizes the continuous mining method. Accurate surveying is critical to the safety of the miners at the mine. (3) 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. (4) Electronic surveying equipment is, at a minimum, 8–10 times more accurate than mechanical equipment. (5) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in or inby the last open crosscut, subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in or 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. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used in or inby the last open crosscut will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of the PDO. (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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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. Nonpermissible electronic surveying equipment will not be used in or inby the last open crosscut when production is occurring. (l) Prior to surveying, the area will be examined according to 30 CFR 75.360. If the area has not been examined, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. (m) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible electronic surveying equipment in or inby the last open crosscut. If there are two people in the surveying crew, both persons will continuously monitor for methane. The other person will either be a qualified person, as defined in 30 CFR 75.151, or be in the process of being trained to be a qualified person but has yet to make such tests for a period of 6 months, as required in 30 CFR 75.150. Upon completion of the 6month 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 intake 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 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 E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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 PDO 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) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO 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 operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 28085 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–008–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Eagle 3 Mine, MSHA I.D. No. 46–09427, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, in return airways. The petitioner states that: (1) 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. (2) The operator utilizes the continuous mining method. Accurate surveying is critical to the safety of the miners at the mine. (3) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in return airways, subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28086 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in return airways will be examined by the person who operates the equipment prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used in 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 the PDO. (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 VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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. Nonpermissible electronic surveying equipment will not be used in return airways when production is occurring. (l) Prior to surveying, the area will be examined according to 30 CFR 75.360. If the area has not been examined, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. (m) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible electronic surveying equipment in return airways. If there are two people in the surveying crew, both persons will continuously monitor for methane. The other person will either be a qualified person, as defined in 30 CFR 75.151, or be in the process of being trained to be a qualified person but has yet to make such tests for a period of 6 months, as required in 30 CFR 75.150. Upon completion of the 6-month training period, the second person on the surveying crew must become qualified, as defined in 30 CFR 75.151, in order to continue on the surveying crew. If the surveying crew consists of one person, that person will monitor for methane with two separate devices. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 (n) Batteries contained in the nonpermissible electronic surveying equipment will be changed out or charged in fresh air out of the 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 PDO before using nonpermissible electronic surveying equipment in return airways. A record of the training will be kept with the other training records. (r) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used in return airways, regardless of whether the equipment is used by the operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–009–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mines: Eagle 3 Mine, MSHA I.D. No. 46–09427, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, within 150 feet of pillar workings and longwall faces. The petitioner states that: (1) 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. In order to ensure the safety of the miners in active mines and to protect miners in future mines which may mine in close PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 28087 proximity to these same active mines, it is necessary to determine the exact location and extents of the mine workings. (2) The operator utilizes the continuous mining method. Accurate surveying is critical to the safety of the miners at the mine. (3) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater within 150 feet of pillar workings or longwall faces subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used within 150 feet of pillar workings or longwall faces will be examined by the person who operates the equipment prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28088 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used within 150 feet of pillar workings or longwall faces will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of the PDO. (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. VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 (k) Prior to energizing nonpermissible electronic surveying equipment within 150 of pillar workings and longwall faces, methane tests will be made in accordance with 30 CFR 75.323. 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 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 PDO 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) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO become final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used within 150 feet of pillar workings or longwall faces, regardless of whether the equipment is used by the operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–010–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Flying Eagle Mine, MSHA I.D. No. 46–09471, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, and total station surveying equipment, in or inby the last open crosscut. The petitioner states that: (1) 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. (2) The operator utilizes the continuous mining method. Accurate surveying is critical to the safety of the miners at the mine. (3) 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. (4) Electronic surveying equipment is, at a minimum, 8–10 times more accurate than mechanical equipment. (5) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in or inby the last open crosscut, subject to the Proposed Decision and Order (PDO): —Topcon GPT 3005 LW PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 28089 (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in or 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. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used in or inby the last open crosscut will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of the PDO. (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 E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28090 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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. Nonpermissible electronic surveying equipment will not be used in or inby the last open crosscut when production is occurring. (l) Prior to surveying, the area will be examined according to 30 CFR 75.360. If the area has not been examined, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. (m) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible electronic surveying equipment in or inby the last open crosscut. If there are two people in the surveying crew, both persons will continuously monitor for methane. The other person will either be a qualified person, as defined in 30 CFR 75.151, or be in the process of being trained to be a qualified person but has yet to make such tests for a period of 6 months, as required in 30 CFR 75.150. Upon completion of the 6month training period, the second person on the surveying crew must become qualified, as defined in 30 CFR 75.151, in order to continue on the surveying crew. If the surveying crew VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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 intake 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 the last open crosscut is at least the minimum quantity that is required by the mine’s ventilation plan. (p) Personnel engaged in the use of nonpermissible electronic surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of such equipment in areas where methane could be present. (q) All members of the surveying crew will receive specific training on the terms and conditions of the PDO 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) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO 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 operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. The logbook will include a description of the nature of the disruption, the location of the E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–011–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Flying Eagle Mine, MSHA I.D. No. 46–09471, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, in return airways. The petitioner states that: (1) To comply with requirements for mine ventilation maps and mine maps VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (2) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in return airways, subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in return airways will be examined by the person who operates the equipment prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 28091 weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used in 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 the PDO. (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. 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 E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28092 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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 the 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 PDO before using nonpermissible electronic surveying equipment in return airways. A record of the training will be kept with the other training records. (r) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used in return airways, regardless of whether the equipment is used by the operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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 can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–012–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mines: Flying Eagle Mine, MSHA I.D. No. 46–09471, located in Wyoming County, West Virginia. E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment, including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, within 150 feet of pillar workings and longwall faces. The petitioner states that: (1) 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. In order to ensure the safety of the miners in active mines and to protect miners in future mines which may mine in close proximity to these same active mines, it is necessary to determine the exact location and extents of the mine workings. (2) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater within 150 feet of pillar workings or longwall faces subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used within VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used within 150 feet of pillar workings or longwall faces will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of the PDO. (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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 28093 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. Nonpermissible electronic surveying equipment will not be 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 E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28094 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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 PDO 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) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO will apply to all nonpermissible VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 electronic surveying equipment used within 150 feet of pillar workings or longwall faces, regardless of whether the equipment is used by the operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 of the PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–013–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Glancy Chilton Mine, MSHA I.D. No. 46–09554, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, and total station surveying equipment, in or inby the last open crosscut. The petitioner states that: (1) 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. (2) The operator utilizes the continuous mining method. Accurate surveying is critical to the safety of the miners at the mine. (3) 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. (4) Electronic surveying equipment is, at a minimum, 8–10 times more accurate than mechanical equipment. (5) Application of the existing standard would result in a diminution E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in or inby the last open crosscut subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in or 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. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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 the PDO. (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. Nonpermissible electronic surveying equipment will not be used in or inby the last open crosscut when production is occurring. (l) Prior to surveying, the area will be examined, according to 30 CFR 75.360. If the area has not been examined, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 28095 (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 6month 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 intake 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 the last open crosscut is at least the minimum quantity that is required by the mine’s ventilation plan. (p) Personnel engaged in the use of nonpermissible electronic surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of such equipment in areas where methane could be present. (q) All members of the surveying crew will receive specific training on the terms and conditions of the PDO 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) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28096 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO 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 operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying 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. VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 —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 can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–014–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Mine: Glancy Chilton Mine, MSHA I.D. No. 46–09554, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, in return airways. The petitioner states that: (1) 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. (2) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in return airways, subject to the Proposed Decision and Order (PDO): —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in return airways will be examined by the person who operates the equipment prior to taking the equipment underground to ensure the equipment is E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices being maintained in a safe operating condition. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used in 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 the PDO. (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 VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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. 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 the 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. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 28097 (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 PDO before using nonpermissible electronic surveying equipment in return airways. A record of the training will be kept with the other training records. (r) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used in return airways, regardless of whether the equipment is used by the operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES 28098 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2019–015–C. Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mines: Glancy Chilton Mine, MSHA I.D. No. 46–09554, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, within 150 feet of pillar workings and longwall faces. The petitioner states that: (1) 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. In order to ensure the safety of the miners in active mines and to protect miners in future mines which may mine in close proximity to these same active mines, it is necessary to determine the exact location and extents of the mine workings. (2) 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 operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater within 150 feet of pillar workings or longwall faces subject to the Proposed Decision and Order (PDO): PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 —TopCon GPT 3005 LW (b) The nonpermissible electronic surveying equipment to be used is lowvoltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used within 150 feet of pillar workings and 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. These examinations will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Examination entries in the logbook may be expunged after 1 year. (f) The operator will ensure that all nonpermissible electronic surveying equipment is serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment’s logbook and will include a description of the work performed. (g) The nonpermissible electronic surveying equipment used within 150 feet of pillar workings and 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 the PDO. (h) Nonpermissible electronic surveying equipment will not be used if methane is detected in concentrations at E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices 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 and 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 of pillar workings and longwall faces, methane tests will be made in accordance with 30 CFR 75.323. Nonpermissible electronic surveying equipment will not be used within 150 feet of pillar workings and 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 VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 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 PDO 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) Within 60 days after the PDO becomes final, the operator will submit 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 PDO. When training is conducted on the terms and conditions in the PDO, an MSHA Certificate of Training (Form 5000–23) will be completed and will indicate that it was surveyor training. (s) The operator will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2004 within 1 year of the PDO becoming final. Within 3 years of the date that the PDO becomes final, the operator will replace or retire from PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 28099 service any theodolite that was acquired more than 5 years prior to the date that the PDO becomes final or any total station or other electronic surveying equipment identified in the PDO acquired more than 10 years prior to the date that the PDO becomes final. After 5 years, the operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than 5 years from the date of manufacture and total stations and other electronic surveying equipment will be no older than 10 years from the date of manufacture. (t) The operator will ensure that all surveying contractors hired by the operator are using nonpermissible electronic surveying equipment in accordance with the requirements in the PDO. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used within 150 feet of pillar workings or longwall faces, regardless of whether the equipment is used by the operator or by an independent contractor. (u) The petitioner states that it may use nonpermissible electronic surveying equipment when production is occurring, subject to the following conditions: —On a mechanized mining unit (MMU) where production is occurring, nonpermissible electronic surveying equipment will not be used downwind of the discharge point of any face ventilation controls, such as tubing (including controls such as ‘‘baloney skins’’) or curtains. —Production may continue while nonpermissible electronic surveying equipment is used, if the surveying equipment is used in a separate split of air from where production is occurring. —Nonpermissible electronic surveying equipment will not be used in a split of air ventilating an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. —If, while surveying, a surveyor must disrupt ventilation, the surveyor will cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production can only resume after all ventilation controls are reestablished and are in compliance with approved E:\FR\FM\17JNN1.SGM 17JNN1 28100 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the PDO. 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 PDO within 60 days of the date the PDO becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the PDO in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the PDO in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2019–12690 Filed 6–14–19; 8:45 am] khammond on DSKBBV9HB2PROD with NOTICES BILLING CODE 4520–43–P VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2018–0012] Advisory Committee on Construction Safety and Health (ACCSH): Notice of Membership and Meeting Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of ACCSH membership and meeting. AGENCY: On May 13, 2019, the Secretary of Labor (the Secretary) appointed 15 members to serve on ACCSH. OSHA also announces ACCSH will meet July 17–18, 2019. FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor; telephone (202) 693–1999; email: meilinger.francis2@dol.gov. For general information about ACCSH: Mr. Damon Bonneau, OSHA, Directorate of Construction, U.S. Department of Labor; telephone (202) 693–2183; email: bonneau.damon@ dol.gov. For copies of this Federal Register Notice: Electronic copies of this Federal Register Notice are available at: http:// www.regulations.gov. This notice, as well as news releases and other relevant information, are also available at OSHA’s web page at www.osha.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background ACCSH advises the Secretary of Labor and the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary) in the formulation of standards affecting the construction industry, and on policy matters arising in the administration of the safety and health provisions under the Contract Work Hours and Safety Standards Act (Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH Act and CSA require the Assistant Secretary to consult with ACCSH before the agency proposes any occupational safety and health standard affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704). ACCSH operates in accordance with the CSA, the OSH Act, the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2), and regulations issued pursuant to those statutes (29 CFR part 1912, 41 CFR part 102–3). ACCSH generally meets two times a year. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 II. Appointment of Committee Members ACCSH consists of 15 members appointed by the Secretary. ACCSH members generally serve two-year terms, unless they resign, cease to be qualified, become unable to serve, or the Secretary removes them (29 CFR 1912.3(e)). The Secretary may appoint ACCSH members to successive terms. The allocation of members for each category of ACCSH membership is: • Five members who are qualified by experience and affiliation to present the viewpoint of employees in the construction industry; • Five members who are similarly qualified to present the viewpoint of employers in the construction industry; • Two public members, qualified by knowledge and experience to make a useful contribution to the work of ACCSH, such as those who have professional or technical experience and competence with occupational safety and health in the construction industry; • Two representatives of State safety and health agencies; and • One representative designated by the Secretary of the Department of Health and Human Services. OSHA received nominations of highly qualified individuals in response to the agency’s request for nominations (83 FR 46972, September 17, 2018). The Secretary appointed individuals to serve on the Committee who have broad experience relevant to the issues to be examined by the Committee. The ACCSH membership is as follows: Employee Representatives • Palmer L. Hickman, Electrical Training ALLIANCE; • Randall A. Krocka, Sheet Metal Occupational Health Institute Trust; • Mark S. Mullins, Elevator Industry Work Preservation Fund; • Richard Tessier, United Union of Roofers, Waterproofers, and Allied Workers Representative Research and Education Joint Trust; and • Christina Trahan Cain, North America’s Building Trades Unions. Employer Representatives • Kevin Cannon, Associated General Contractors of America (ACCSH Chair); • Fravel Combs, M.A. Mortenson Company; • Cindy DePrater, Turner Construction Company; • Greg Sizemore, Associated Builders and Contractors; and • Wesley L. Wheeler, National Electrical Contractors Association. Public Representatives • Christopher Fought, General Motors, LLC; and E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28083-28100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12690]


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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.

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

SUMMARY: This notice is a summary of 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 July 17, 2019.

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: Sheila McConnell, 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: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
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. That 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 and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2019-007-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Eagle 3 Mine, MSHA I.D. No. 46-09427, located in Wyoming 
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 in 
or inby the last open crosscut, including, but not limited to portable 
battery-operated mine transits, and total station surveying equipment.

[[Page 28084]]

    The petitioner states that:
    (1) 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.
    (2) The operator utilizes the continuous mining method. Accurate 
surveying is critical to the safety of the miners at the mine.
    (3) 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.
    (4) Electronic surveying equipment is, at a minimum, 8-10 times 
more accurate than mechanical equipment.
    (5) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in or inby the last open crosscut, subject to the Proposed 
Decision and Order (PDO):

--TopCon GPT 3005LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used in 
or 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. 
These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in or 
inby the last open crosscut will not be put into service until MSHA has 
initially inspected the equipment and determined that it is in 
compliance with all the terms and conditions of the PDO.
    (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. Nonpermissible electronic surveying 
equipment will not be used in or inby the last open crosscut when 
production is occurring.
    (l) Prior to surveying, the area will be examined according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment in or inby the last 
open crosscut. If there are two people in the surveying crew, both 
persons will continuously monitor for methane. The other person will 
either be a qualified person, as defined in 30 CFR 75.151, or be in the 
process of being trained to be a qualified person but has yet to make 
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon 
completion of the 6-month training period, the second person on the 
surveying crew 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 intake 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 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

[[Page 28085]]

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 PDO 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) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO 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 operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-008-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Eagle 3 Mine, MSHA I.D. No. 46-09427, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
in return airways.
    The petitioner states that:
    (1) 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.
    (2) The operator utilizes the continuous mining method. Accurate 
surveying is critical to the safety of the miners at the mine.
    (3) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in return airways, subject to the Proposed Decision and Order 
(PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered

[[Page 28086]]

nonpermissible total stations and theodolites. All nonpermissible 
electronic total stations and theodolites will have an IP 66 or greater 
rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by the person who operates the 
equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. These 
examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in 
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 the PDO.
    (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. Nonpermissible electronic surveying equipment will 
not be used in return airways when production is occurring.
    (l) Prior to surveying, the area will be examined according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment in return airways. If 
there are two people in the surveying crew, both persons will 
continuously monitor for methane. The other person will either be a 
qualified person, as defined in 30 CFR 75.151, or be in the process of 
being trained to be a qualified person but has yet to make such tests 
for a period of 6 months, as required in 30 CFR 75.150. Upon completion 
of the 6-month training period, the second person on the surveying crew 
must become qualified, as defined in 30 CFR 75.151, in order to 
continue on the surveying crew. If the surveying crew consists of one 
person, that person will monitor for methane with two separate devices.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air out of the 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 PDO before using 
nonpermissible electronic surveying equipment in return airways. A 
record of the training will be kept with the other training records.
    (r) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying

[[Page 28087]]

equipment will be no older than 10 years from the date of manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO will apply to all nonpermissible electronic surveying 
equipment used in return airways, regardless of whether the equipment 
is used by the operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-009-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mines: Eagle 3 Mine, MSHA I.D. No. 46-09427, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
within 150 feet of pillar workings and longwall faces.
    The petitioner states that:
    (1) 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. In order to ensure the 
safety of the miners in active mines and to protect miners in future 
mines which may mine in close proximity to these same active mines, it 
is necessary to determine the exact location and extents of the mine 
workings.
    (2) The operator utilizes the continuous mining method. Accurate 
surveying is critical to the safety of the miners at the mine.
    (3) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater within 150 feet of pillar workings or longwall faces subject to 
the Proposed Decision and Order (PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
by the person who operates the equipment prior to taking the equipment 
underground to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and

[[Page 28088]]

    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used within 
150 feet of pillar workings or longwall faces will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions of the PDO.
    (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 of pillar workings and longwall faces, methane 
tests will be made in accordance with 30 CFR 75.323. 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 PDO 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) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO become final or any total station or other electronic 
surveying equipment identified in the PDO acquired more than 10 years 
prior to the date that the PDO becomes final. After 5 years, the 
operator will maintain a cycle of purchasing new electronic surveying 
equipment whereby theodolites will be no older than 5 years from the 
date of manufacture and total stations and other electronic surveying 
equipment will be no older than 10 years from the date of manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO will apply to all nonpermissible electronic surveying 
equipment used within 150 feet of pillar workings or longwall faces, 
regardless of whether the equipment is used by the operator or by an 
independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.

[[Page 28089]]

--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-010-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Flying Eagle Mine, MSHA I.D. No. 46-09471, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
and total station surveying equipment, in or inby the last open 
crosscut.
    The petitioner states that:
    (1) 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.
    (2) The operator utilizes the continuous mining method. Accurate 
surveying is critical to the safety of the miners at the mine.
    (3) 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.
    (4) Electronic surveying equipment is, at a minimum, 8-10 times 
more accurate than mechanical equipment.
    (5) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in or inby the last open crosscut, subject to the Proposed 
Decision and Order (PDO):

--Topcon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used in 
or 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. 
These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in or 
inby the last open crosscut will not be put into service until MSHA has 
initially inspected the equipment and determined that it is in 
compliance with all the terms and conditions of the PDO.
    (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

[[Page 28090]]

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. Nonpermissible electronic surveying 
equipment will not be used in or inby the last open crosscut when 
production is occurring.
    (l) Prior to surveying, the area will be examined according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment in or inby the last 
open crosscut. If there are two people in the surveying crew, both 
persons will continuously monitor for methane. The other person will 
either be a qualified person, as defined in 30 CFR 75.151, or be in the 
process of being trained to be a qualified person but has yet to make 
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon 
completion of the 6-month training period, the second person on the 
surveying crew must become qualified, as defined in 30 CFR 75.151, in 
order to continue on the surveying crew. If the surveying crew consists 
of one person, that person will monitor for methane with two separate 
devices.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in intake 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 the last open crosscut is at 
least the minimum quantity that is required by the mine's ventilation 
plan.
    (p) Personnel engaged in the use of nonpermissible electronic 
surveying equipment will be properly trained to recognize the hazards 
and limitations associated with the use of such equipment in areas 
where methane could be present.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the PDO 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) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO 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 operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. The logbook will include a description of the 
nature of the disruption, the location of the

[[Page 28091]]

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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-011-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Flying Eagle Mine, MSHA I.D. No. 46-09471, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
in return airways.
    The petitioner states that:
    (1) 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.
    (2) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in return airways, subject to the Proposed Decision and Order 
(PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by the person who operates the 
equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. These 
examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in 
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 the PDO.
    (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. 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

[[Page 28092]]

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 the 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 PDO before using 
nonpermissible electronic surveying equipment in return airways. A 
record of the training will be kept with the other training records.
    (r) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO will apply to all nonpermissible electronic surveying 
equipment used in return airways, regardless of whether the equipment 
is used by the operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-012-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mines: Flying Eagle Mine, MSHA I.D. No. 46-09471, located in 
Wyoming County, West Virginia.

[[Page 28093]]

    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment, 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
within 150 feet of pillar workings and longwall faces.
    The petitioner states that:
    (1) 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. In order to ensure the 
safety of the miners in active mines and to protect miners in future 
mines which may mine in close proximity to these same active mines, it 
is necessary to determine the exact location and extents of the mine 
workings.
    (2) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater within 150 feet of pillar workings or longwall faces subject to 
the Proposed Decision and Order (PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
by the person who operates the equipment prior to taking the equipment 
underground to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used within 
150 feet of pillar workings or longwall faces will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions of the PDO.
    (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. 
Nonpermissible electronic surveying equipment will not be 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

[[Page 28094]]

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 PDO 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) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO will apply to all nonpermissible electronic surveying 
equipment used within 150 feet of pillar workings or longwall faces, 
regardless of whether the equipment is used by the operator or by an 
independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-013-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Glancy Chilton Mine, MSHA I.D. No. 46-09554, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
and total station surveying equipment, in or inby the last open 
crosscut.
    The petitioner states that:
    (1) 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.
    (2) The operator utilizes the continuous mining method. Accurate 
surveying is critical to the safety of the miners at the mine.
    (3) 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.
    (4) Electronic surveying equipment is, at a minimum, 8-10 times 
more accurate than mechanical equipment.
    (5) Application of the existing standard would result in a 
diminution

[[Page 28095]]

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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in or inby the last open crosscut subject to the Proposed 
Decision and Order (PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used in 
or 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. 
These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in or 
inby the last open crosscut will not be put into service until MSHA has 
initially inspected the equipment and determined that it is in 
compliance with all the terms and conditions of the PDO.
    (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. Nonpermissible electronic surveying 
equipment will not be used in or inby the last open crosscut when 
production is occurring.
    (l) Prior to surveying, the area will be examined, according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment in or inby the last 
open crosscut. If there are two people in the surveying crew, both 
persons will continuously monitor for methane. The other person will 
either be a qualified person, as defined in 30 CFR 75.151, or be in the 
process of being trained to be a qualified person but has yet to make 
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon 
completion of the 6-month training period, the second person on the 
surveying crew 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 intake 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 the last open crosscut is at 
least the minimum quantity that is required by the mine's ventilation 
plan.
    (p) Personnel engaged in the use of nonpermissible electronic 
surveying equipment will be properly trained to recognize the hazards 
and limitations associated with the use of such equipment in areas 
where methane could be present.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the PDO 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) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO.

[[Page 28096]]

When training is conducted on the terms and conditions in the PDO, an 
MSHA Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO 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 operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-014-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Glancy Chilton Mine, MSHA I.D. No. 46-09554, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
in return airways.
    The petitioner states that:
    (1) 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.
    (2) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in return airways, subject to the Proposed Decision and Order 
(PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by the person who operates the 
equipment prior to taking the equipment underground to ensure the 
equipment is

[[Page 28097]]

being maintained in a safe operating condition. These examinations will 
include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in 
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 the PDO.
    (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. 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 the 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 PDO before using 
nonpermissible electronic surveying equipment in return airways. A 
record of the training will be kept with the other training records.
    (r) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO will apply to all nonpermissible electronic surveying 
equipment used in return airways, regardless of whether the equipment 
is used by the operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used

[[Page 28098]]

downwind of the discharge point of any face ventilation controls, such 
as tubing (including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2019-015-C.
    Petitioner: Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mines: Glancy Chilton Mine, MSHA I.D. No. 46-09554, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
within 150 feet of pillar workings and longwall faces.
    The petitioner states that:
    (1) 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. In order to ensure the 
safety of the miners in active mines and to protect miners in future 
mines which may mine in close proximity to these same active mines, it 
is necessary to determine the exact location and extents of the mine 
workings.
    (2) 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 operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater within 150 feet of pillar workings or longwall faces subject to 
the Proposed Decision and Order (PDO):

--TopCon GPT 3005 LW

    (b) The nonpermissible electronic surveying equipment to be used is 
low-voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings and 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. These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Examination entries in the 
logbook may be expunged after 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used within 
150 feet of pillar workings and 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 the PDO.
    (h) Nonpermissible electronic surveying equipment will not be used 
if methane is detected in concentrations at

[[Page 28099]]

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 and 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 of pillar workings and longwall faces, methane 
tests will be made in accordance with 30 CFR 75.323. Nonpermissible 
electronic surveying equipment will not be used within 150 feet of 
pillar workings and 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 PDO 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) Within 60 days after the PDO becomes final, the operator will 
submit 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 PDO. When 
training is conducted on the terms and conditions in the PDO, an MSHA 
Certificate of Training (Form 5000-23) will be completed and will 
indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the PDO becoming final. Within 3 years of the date 
that the PDO becomes final, the operator will replace or retire from 
service any theodolite that was acquired more than 5 years prior to the 
date that the PDO becomes final or any total station or other 
electronic surveying equipment identified in the PDO acquired more than 
10 years prior to the date that the PDO becomes final. After 5 years, 
the operator will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than 5 years 
from the date of manufacture and total stations and other electronic 
surveying equipment will be no older than 10 years from the date of 
manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the requirements in the PDO. The conditions of use 
in the PDO will apply to all nonpermissible electronic surveying 
equipment used within 150 feet of pillar workings or longwall faces, 
regardless of whether the equipment is used by the operator or by an 
independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if the surveying equipment is used in a separate 
split of air from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved

[[Page 28100]]

ventilation or other plans, and other applicable laws, standards, or 
regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the PDO. 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 PDO within 60 days of the date the PDO becomes 
final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the PDO in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the PDO in 
accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-12690 Filed 6-14-19; 8:45 am]
 BILLING CODE 4520-43-P