Petitions for Modification of Application of Existing Mandatory Safety Standards, 43165-43182 [2019-17832]
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Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices
compensation agreements. The
Employee Retirement Income Security
Act of 1974 section 408(a) authorizes
this information collection. See 29
U.S.C. 1108(a).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
under the PRA approves it and displays
a currently valid OMB Control Number.
In addition, notwithstanding any other
provisions of law, no person shall
generally be subject to penalty for
failing to comply with a collection of
information that does not display a
valid Control Number. See 5 CFR
1320.5(a) and 1320.6. The DOL obtains
OMB approval for this information
collection under Control Number 1210–
0065.
OMB authorization for an ICR cannot
be for more than three (3) years without
renewal, and the current approval for
this collection is scheduled to expire on
August 31, 2019. The DOL seeks to
extend PRA authorization for this
information collection for three (3) more
years, without any change to existing
requirements. The DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
March 27, 2019 (84 FR 11573).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty-(30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1210–0065. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility:
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
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electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–EBSA.
Title of Collection: Securities Lending
by Employee Benefits Plans, Prohibited
Transaction Exemption 2006–16.
OMB Control Number: 1210–0065.
Affected Public: Private Sector—
Businesses or other for-profits, not-forprofit institutions.
Total Estimated Number of
Respondents: 155.
Total Estimated Number of
Responses: 1,550.
Total Estimated Annual Time Burden:
297 hours.
Total Estimated Annual Other Costs
Burden: $12,765.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: August 14, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019–17830 Filed 8–19–19; 8:45 am]
BILLING CODE 4510–29–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:
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 September 19, 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: Roslyn
B. Fontaine, Deputy Director, Office of
Standards, Regulations, and Variances.
Persons delivering documents are
required to check in at the receptionist’s
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43165
desk in Suite 4E401. Individuals may
inspect copies of the petition and
comments during normal business
hours at the address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Roslyn B. Fontaine, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), fontaine.roslyn@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
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–2019–037–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Buffalo Mine, MSHA I.D. No.
46–09528, located in Logan County,
West Virginia.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, within 150 feet of pillar
workings and longwall faces.
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The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, 75.1002(a), and
75.1200, use of the most practical and
accurate surveying equipment is
necessary. It is necessary to determine
the exact location and extent of mine
workings to ensure the safety of miners
in active mines and to protect miners in
future mines which may mine in close
proximity to the active mines.
(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
this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings or longwall
faces will be examined by the person
who operates the equipment prior to
taking the equipment underground to
ensure the equipment is being
maintained in a safe operating
condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
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(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces
will not be put into service until MSHA
has initially inspected the equipment
and determined that it is in compliance
with all the terms and conditions of this
petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn further than 150 feet from
pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be
complied with prior to entering within
150 feet of pillar workings or longwall
faces.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment within 150 feet of pillar
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
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maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment within
150 feet of pillar workings and longwall
faces, methane tests will be made in
accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying
equipment will not be used within 150
feet of pillar workings or longwall faces
when production is occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment within
150 feet of pillar workings and longwall
faces. If there are two people in the
surveying crew, both persons will
continuously monitor for methane. The
other person will either be a qualified
person, as defined in 30 CFR 75.151, or
be in the process of being trained to be
a qualified person but has yet to make
such tests for a period of 6 months, as
required in 30 CFR 75.150. Upon
completion of the 6-month training
period, the second person on the
surveying crew must become qualified,
as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the
surveying crew consists of one person,
that person will monitor for methane
with two separate devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air more than 150 feet
from pillar workings or longwall faces.
Replacement batteries will be carried
only in the compartment provided for a
spare battery in the nonpermissible
electronic surveying equipment carrying
case. Before each shift of surveying, all
batteries for the nonpermissible
electronic surveying equipment will be
charged sufficiently so that they are not
expected to be replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment within
150 feet of pillar workings or longwall
faces, the surveyor will confirm by
measurement or by inquiry of the
person in charge of the section, that the
air quantity on the section, on that shift,
within 150 feet of pillar workings or
longwall faces is at least the minimum
quantity that is required by the mine’s
ventilation plan.
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(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment within 150 feet of
pillar workings or longwall faces. A
record of the training will be kept with
the other training records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces,
regardless of whether the equipment is
used by the operator or by an
independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
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—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
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43167
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–038–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Buffalo Mine, MSHA I.D. No.
46–09528, located in Logan County,
West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, in or inby the last open
crosscut.
The petitioner states that:
(1) 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 to 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
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and similar low-voltage battery-operated
total stations and theodolites if they
have an ingress protection (IP) rating of
66 or greater in or inby the last open
crosscut, subject to this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by the person who operates
the equipment prior to taking the
equipment underground to ensure the
equipment is being maintained in a safe
operating condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used in or inby the
last open crosscut will not be put into
service until MSHA has initially
inspected the equipment and
determined that it is in compliance with
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all the terms and conditions of this
petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn outby the last open crosscut.
All requirements of 30 CFR 75.323 will
be complied with prior to entering in or
inby the last open crosscut.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment within in or inby the last
open crosscut, the surveyor(s) will
conduct a visual examination of the
immediate area for evidence that the
area appears to be sufficiently rockdusted and for the presence of
accumulated float coal dust. If the rockdusting appears insufficient or the
presence of accumulated float coal dust
is observed, the equipment will not be
energized until sufficient rock-dust has
been applied and/or the accumulations
of float coal dust have been cleaned up.
If nonpermissible electronic surveying
equipment is to be used in an area not
rock-dusted within 40 feet of a working
face where a continuous mining
machine is used, the area will be
rocked-dusted prior to energizing the
nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment in or
inby the last open crosscut, methane
tests will be made in accordance with
30 CFR 75.323(a). Nonpermissible
electronic surveying equipment will not
be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment in or
inby the last open crosscut. If there are
two people in the surveying crew, both
persons will continuously monitor for
methane. The other person will either
be a qualified person, as defined in 30
CFR 75.151, or be in the process of
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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
consists of one person, that person will
monitor for methane with two separate
devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air outby the last open
crosscut. Replacement batteries will be
carried only in the compartment
provided for a spare battery in the
nonpermissible electronic surveying
equipment carrying case. Before each
shift of surveying, all batteries for the
nonpermissible electronic surveying
equipment will be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment in or
inby the last open crosscut, the surveyor
will confirm by measurement or by
inquiry of the person in charge of the
section, that the air quantity on the
section, on that shift, in or inby the last
open crosscut is at least the minimum
quantity that is required by the mine’s
ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment in or inby the last
open crosscut. A record of the training
will be kept with the other training
records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
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of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used in or inby the
last open crosscut, regardless of whether
the equipment is used by the operator
or by an independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
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ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–039–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Buffalo Mine, MSHA I.D. No.
46–09528, located in Logan County,
West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
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43169
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(a), 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 this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used in
return airways will be examined by the
person who operates the equipment
prior to taking the equipment
underground to ensure the equipment is
being maintained in a safe operating
condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
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(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used in return
airways will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions of this petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn out of return airways. All
requirements of 30 CFR 75.323 will be
complied with prior to entering in
return airways.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment in return airways, the
surveyor(s) will conduct a visual
examination of the immediate area for
evidence that the area appears to be
sufficiently rock-dusted and for the
presence of accumulated float coal dust.
If the rock-dusting appears insufficient
or the presence of accumulated float
coal dust is observed, the equipment
will not be energized until sufficient
rock-dust has been applied and/or the
accumulations of float coal dust have
been cleaned up. If nonpermissible
electronic surveying equipment is to be
used in an area not rock-dusted within
40 feet of a working face where a
continuous mining machine is used, the
area will be rocked-dusted prior to
energizing the nonpermissible
electronic surveying equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment in
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return airways, methane tests will be
made in accordance with 30 CFR
75.323(a). Nonpermissible electronic
surveying equipment will not be used in
return airways when production is
occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment in
return airways. If there are two people
in the surveying crew, both persons will
continuously monitor for methane. The
other person will either be a qualified
person, as defined in 30 CFR 75.151, or
be in the process of being trained to be
a qualified person but has yet to make
such tests for a period of 6 months, as
required in 30 CFR 75.150. Upon
completion of the 6-month training
period, the second person on the
surveying crew must become qualified,
as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the
surveying crew consists of one person,
that person will monitor for methane
with two separate devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air out of return
airways. Replacement batteries will be
carried only in the compartment
provided for a spare battery in the
nonpermissible electronic surveying
equipment carrying case. Before each
shift of surveying, all batteries for the
nonpermissible electronic surveying
equipment will be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment in
return airways, the surveyor will
confirm by measurement or by inquiry
of the person in charge of the section,
that the air quantity on the section, on
that shift, in return airways is at least
the minimum quantity that is required
by the mine’s ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment in return airways.
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A record of the training will be kept
with the other training records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used in return
airways, regardless of whether the
equipment is used by the operator or by
an independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
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—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
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times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–040–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Washington Mine, MSHA I.D.
No. 46–09294, located in Logan County,
West Virginia.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, within 150 feet of pillar
workings and longwall faces.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, 75.1002(a), and
75.1200, use of the most practical and
accurate surveying equipment is
necessary. It is necessary to determine
the exact location and extent of mine
workings to ensure the safety of miners
in active mines and to protect miners in
future mines which may mine in close
proximity to the active mines.
(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
this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
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43171
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings or longwall
faces will be examined by the person
who operates the equipment prior to
taking the equipment underground to
ensure the equipment is being
maintained in a safe operating
condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces
will not be put into service until MSHA
has initially inspected the equipment
and determined that it is in compliance
with all the terms and conditions of this
petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn further than 150 feet from
pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be
complied with prior to entering within
150 feet of pillar workings or longwall
faces.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
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equipment within 150 feet of pillar
workings or longwall faces, the
surveyor(s) will conduct a visual
examination of the immediate area for
evidence that the area appears to be
sufficiently rock-dusted and for the
presence of accumulated float coal dust.
If the rock-dusting appears insufficient
or the presence of accumulated float
coal dust is observed, the equipment
will not be energized until sufficient
rock-dust has been applied and/or the
accumulations of float coal dust have
been cleaned up. If nonpermissible
electronic surveying equipment is to be
used in an area not rock-dusted within
40 feet of a working face where a
continuous mining machine is used, the
area will be rocked-dusted prior to
energizing the nonpermissible
electronic surveying equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment within
150 feet of pillar workings and longwall
faces, methane tests will be made in
accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying
equipment will not be used within 150
feet of pillar workings or longwall faces
when production is occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment within
150 feet of pillar workings and longwall
faces. If there are two people in the
surveying crew, both persons will
continuously monitor for methane. The
other person will either be a qualified
person, as defined in 30 CFR 75.151, or
be in the process of being trained to be
a qualified person but has yet to make
such tests for a period of 6 months, as
required in 30 CFR 75.150. Upon
completion of the 6-month training
period, the second person on the
surveying crew 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
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equipment will be changed out or
charged in fresh air more than 150 feet
from pillar workings or longwall faces.
Replacement batteries will be carried
only in the compartment provided for a
spare battery in the nonpermissible
electronic surveying equipment carrying
case. Before each shift of surveying, all
batteries for the nonpermissible
electronic surveying equipment will be
charged sufficiently so that they are not
expected to be replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment within
150 feet of pillar workings or longwall
faces, the surveyor will confirm by
measurement or by inquiry of the
person in charge of the section, that the
air quantity on the section, on that shift,
within 150 feet of pillar workings or
longwall faces is at least the minimum
quantity that is required by the mine’s
ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment within 150 feet of
pillar workings or longwall faces. A
record of the training will be kept with
the other training records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
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Fmt 4703
Sfmt 4703
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces,
regardless of whether the equipment is
used by the operator or by an
independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
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surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–041–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Washington Mine, MSHA I.D.
No. 46–09294, located in Logan County,
West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, in or inby the last open
crosscut.
The petitioner states that:
(1) 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
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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 to 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 this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by the person who operates
the equipment prior to taking the
equipment underground to ensure the
equipment is being maintained in a safe
operating condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
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43173
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used in or inby the
last open crosscut will not be put into
service until MSHA has initially
inspected the equipment and
determined that it is in compliance with
all the terms and conditions of this
petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn outby the last open crosscut.
All requirements of 30 CFR 75.323 will
be complied with prior to entering in or
inby the last open crosscut.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment within in or inby the last
open crosscut, the surveyor(s) will
conduct a visual examination of the
immediate area for evidence that the
area appears to be sufficiently rockdusted and for the presence of
accumulated float coal dust. If the rockdusting 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.
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(k) Prior to energizing nonpermissible
electronic surveying equipment in or
inby the last open crosscut, methane
tests will be made in accordance with
30 CFR 75.323(a). Nonpermissible
electronic surveying equipment will not
be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment in or
inby the last open crosscut. If there are
two people in the surveying crew, both
persons will continuously monitor for
methane. The other person will either
be a qualified person, as defined in 30
CFR 75.151, or be in the process of
being trained to be a qualified person
but has yet to make such tests for a
period of 6 months, as required in 30
CFR 75.150. Upon completion of the 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
consists of one person, that person will
monitor for methane with two separate
devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air outby the last open
crosscut. Replacement batteries will be
carried only in the compartment
provided for a spare battery in the
nonpermissible electronic surveying
equipment carrying case. Before each
shift of surveying, all batteries for the
nonpermissible electronic surveying
equipment will be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment in or
inby the last open crosscut, the surveyor
will confirm by measurement or by
inquiry of the person in charge of the
section, that the air quantity on the
section, on that shift, in or inby the last
open crosscut is at least the minimum
quantity that is required by the mine’s
ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
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(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment in or inby the last
open crosscut. A record of the training
will be kept with the other training
records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used in or inby the
last open crosscut, regardless of whether
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.
PO 00000
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—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
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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–2019–042–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Washington Mine, MSHA I.D.
No. 46–09294, located in Logan County,
West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, in return airways.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200(a), 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 this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
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Jkt 247001
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used in
return airways will be examined by the
person who operates the equipment
prior to taking the equipment
underground to ensure the equipment is
being maintained in a safe operating
condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used in return
airways will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions of this petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn out of return airways. All
requirements of 30 CFR 75.323 will be
complied with prior to entering in
return airways.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment in return airways, the
surveyor(s) will conduct a visual
examination of the immediate area for
evidence that the area appears to be
sufficiently rock-dusted and for the
presence of accumulated float coal dust.
PO 00000
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43175
If the rock-dusting appears insufficient
or the presence of accumulated float
coal dust is observed, the equipment
will not be energized until sufficient
rock-dust has been applied and/or the
accumulations of float coal dust have
been cleaned up. If nonpermissible
electronic surveying equipment is to be
used in an area not rock-dusted within
40 feet of a working face where a
continuous mining machine is used, the
area will be rocked-dusted prior to
energizing the nonpermissible
electronic surveying equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment in
return airways, methane tests will be
made in accordance with 30 CFR
75.323(a). Nonpermissible electronic
surveying equipment will not be used in
return airways when production is
occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment in
return airways. If there are two people
in the surveying crew, both persons will
continuously monitor for methane. The
other person will either be a qualified
person, as defined in 30 CFR 75.151, or
be in the process of being trained to be
a qualified person but has yet to make
such tests for a period of 6 months, as
required in 30 CFR 75.150. Upon
completion of the 6-month training
period, the second person on the
surveying crew must become qualified,
as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the
surveying crew consists of one person,
that person will monitor for methane
with two separate devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air out of return
airways. Replacement batteries will be
carried only in the compartment
provided for a spare battery in the
nonpermissible electronic surveying
equipment carrying case. Before each
shift of surveying, all batteries for the
nonpermissible electronic surveying
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equipment will be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment in
return airways, the surveyor will
confirm by measurement or by inquiry
of the person in charge of the section,
that the air quantity on the section, on
that shift, in return airways is at least
the minimum quantity that is required
by the mine’s ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment in return airways.
A record of the training will be kept
with the other training records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
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apply to all nonpermissible electronic
surveying equipment used in return
airways, regardless of whether the
equipment is used by the operator or by
an independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
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date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–043–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Muddy Bridge Mine, MSHA
I.D. No. 46–09514, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, within 150 feet of pillar
workings and longwall faces.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, 75.1002(a), and
75.1200, use of the most practical and
accurate surveying equipment is
necessary. It is necessary to determine
the exact location and extent of mine
workings to ensure the safety of miners
in active mines and to protect miners in
future mines which may mine in close
proximity to the active mines.
(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.
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As an alternative to the existing
standard, the petitioner proposes the
following:
(a) The operator may use the
following total stations and theodolites
and similar low-voltage battery-operated
total stations and theodolites if they
have an ingress protection (IP) rating of
66 or greater within 150 feet of pillar
workings or longwall faces subject to
this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings or longwall
faces will be examined by the person
who operates the equipment prior to
taking the equipment underground to
ensure the equipment is being
maintained in a safe operating
condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
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(g) The nonpermissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces
will not be put into service until MSHA
has initially inspected the equipment
and determined that it is in compliance
with all the terms and conditions of this
petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn further than 150 feet from
pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be
complied with prior to entering within
150 feet of pillar workings or longwall
faces.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment within 150 feet of pillar
workings or longwall faces, the
surveyor(s) will conduct a visual
examination of the immediate area for
evidence that the area appears to be
sufficiently rock-dusted and for the
presence of accumulated float coal dust.
If the rock-dusting appears insufficient
or the presence of accumulated float
coal dust is observed, the equipment
will not be energized until sufficient
rock-dust has been applied and/or the
accumulations of float coal dust have
been cleaned up. If nonpermissible
electronic surveying equipment is to be
used in an area not rock-dusted within
40 feet of a working face where a
continuous mining machine is used, the
area will be rocked-dusted prior to
energizing the nonpermissible
electronic surveying equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment within
150 feet of pillar workings and longwall
faces, methane tests will be made in
accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying
equipment will not be used within 150
feet of pillar workings or longwall faces
when production is occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
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43177
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment within
150 feet of pillar workings and longwall
faces. If there are two people in the
surveying crew, both persons will
continuously monitor for methane. The
other person will either be a qualified
person, as defined in 30 CFR 75.151, or
be in the process of being trained to be
a qualified person but has yet to make
such tests for a period of 6 months, as
required in 30 CFR 75.150. Upon
completion of the 6-month training
period, the second person on the
surveying crew must become qualified,
as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the
surveying crew consists of one person,
that person will monitor for methane
with two separate devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air more than 150 feet
from pillar workings or longwall faces.
Replacement batteries will be carried
only in the compartment provided for a
spare battery in the nonpermissible
electronic surveying equipment carrying
case. Before each shift of surveying, all
batteries for the nonpermissible
electronic surveying equipment will be
charged sufficiently so that they are not
expected to be replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment within
150 feet of pillar workings or longwall
faces, the surveyor will confirm by
measurement or by inquiry of the
person in charge of the section, that the
air quantity on the section, on that shift,
within 150 feet of pillar workings or
longwall faces is at least the minimum
quantity that is required by the mine’s
ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment within 150 feet of
pillar workings or longwall faces. A
record of the training will be kept with
the other training records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
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When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces,
regardless of whether the equipment is
used by the operator or by an
independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
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—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–044–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
PO 00000
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Mines: Muddy Bridge Mine, MSHA
I.D. No. 46–09514, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, in or inby the last open
crosscut.
The petitioner states that:
(1) 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 to 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 this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
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logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by the person who operates
the equipment prior to taking the
equipment underground to ensure the
equipment is being maintained in a safe
operating condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(f) The operator will ensure that all
nonpermissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Dates
of service will be recorded in the
equipment’s logbook and will include a
description of the work performed.
(g) The nonpermissible electronic
surveying equipment used in or inby the
last open crosscut will not be put into
service until MSHA has initially
inspected the equipment and
determined that it is in compliance with
all the terms and conditions of this
petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn outby the last open crosscut.
All requirements of 30 CFR 75.323 will
be complied with prior to entering in or
inby the last open crosscut.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment within in or inby the last
open crosscut, the surveyor(s) will
conduct a visual examination of the
immediate area for evidence that the
area appears to be sufficiently rockdusted and for the presence of
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accumulated float coal dust. If the rockdusting appears insufficient or the
presence of accumulated float coal dust
is observed, the equipment will not be
energized until sufficient rock-dust has
been applied and/or the accumulations
of float coal dust have been cleaned up.
If nonpermissible electronic surveying
equipment is to be used in an area not
rock-dusted within 40 feet of a working
face where a continuous mining
machine is used, the area will be
rocked-dusted prior to energizing the
nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment in or
inby the last open crosscut, methane
tests will be made in accordance with
30 CFR 75.323(a). Nonpermissible
electronic surveying equipment will not
be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment in or
inby the last open crosscut. If there are
two people in the surveying crew, both
persons will continuously monitor for
methane. The other person will either
be a qualified person, as defined in 30
CFR 75.151, or be in the process of
being trained to be a qualified person
but has yet to make such tests for a
period of 6 months, as required in 30
CFR 75.150. Upon completion of the 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
consists of one person, that person will
monitor for methane with two separate
devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air outby the last open
crosscut. Replacement batteries will be
carried only in the compartment
provided for a spare battery in the
nonpermissible electronic surveying
equipment carrying case. Before each
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43179
shift of surveying, all batteries for the
nonpermissible electronic surveying
equipment will be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment in or
inby the last open crosscut, the surveyor
will confirm by measurement or by
inquiry of the person in charge of the
section, that the air quantity on the
section, on that shift, in or inby the last
open crosscut is at least the minimum
quantity that is required by the mine’s
ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment in or inby the last
open crosscut. A record of the training
will be kept with the other training
records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
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electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used in or inby the
last open crosscut, regardless of whether
the equipment is used by the operator
or by an independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
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or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–045–C.
Petitioner: Hampden Coal, LLC, One
Oxford Centre, 301 Grant Street, Suite
4300, Pittsburgh, Pennsylvania 15219.
Mines: Muddy Bridge Mine, MSHA
I.D. No. 46–09514, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers, in return airways.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200(a), 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.
PO 00000
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As an alternative to the existing
standard, the petitioner proposes the
following:
(a) The operator may use the
following total stations and theodolites
and similar low-voltage battery-operated
total stations and theodolites if they
have an ingress protection (IP) rating of
66 or greater in return airways, subject
to this petition:
—Sokkia CX–105
—TopCon 235
(b) The nonpermissible electronic
surveying equipment is low-voltage or
battery-powered nonpermissible total
stations and theodolites. All
nonpermissible electronic total stations
and theodolites will have an IP 66 or
greater rating.
(c) The operator will maintain a
logbook for electronic surveying
equipment with the equipment, or in
the location where mine record books
are kept, or in the location where the
surveying record books are kept. The
logbook will contain the date of
manufacture and/or purchase of each
particular piece of electronic surveying
equipment. The logbook will be made
available to MSHA on request.
(d) All nonpermissible electronic
surveying equipment to be used in
return airways will be examined by the
person who operates the equipment
prior to taking the equipment
underground to ensure the equipment is
being maintained in a safe operating
condition. The result of these
examinations will be recorded in the
logbook and will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case;
(ii) Removing the battery and
inspecting for corrosion;
(iii) Inspecting the contact points to
ensure a secure connection to the
battery;
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(e) The equipment will be examined
at least weekly by a qualified person, as
defined in 30 CFR 75.153. The
examination results will be recorded
weekly in the equipment logbook and
will be maintained for at least 1 year.
(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
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airways will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions of this petition.
(h) Nonpermissible electronic
surveying equipment will not be used if
methane is detected in concentrations at
or above 1.0 percent. When 1.0 percent
or more methane is detected while such
equipment is being used, the equipment
will be de-energized immediately and
withdrawn out of return airways. All
requirements of 30 CFR 75.323 will be
complied with prior to entering in
return airways.
(i) Prior to setting up and energizing
nonpermissible electronic surveying
equipment in return airways, the
surveyor(s) will conduct a visual
examination of the immediate area for
evidence that the area appears to be
sufficiently rock-dusted and for the
presence of accumulated float coal dust.
If the rock-dusting appears insufficient
or the presence of accumulated float
coal dust is observed, the equipment
will not be energized until sufficient
rock-dust has been applied and/or the
accumulations of float coal dust have
been cleaned up. If nonpermissible
electronic surveying equipment is to be
used in an area not rock-dusted within
40 feet of a working face where a
continuous mining machine is used, the
area will be rocked-dusted prior to
energizing the nonpermissible
electronic surveying equipment.
(j) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition, as defined in 30
CFR 75.320. All methane detectors will
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing nonpermissible
electronic surveying equipment in
return airways, methane tests will be
made in accordance with 30 CFR
75.323(a). Nonpermissible electronic
surveying equipment will not be used in
return airways when production is
occurring.
(l) Prior to surveying, the area will be
examined according to 30 CFR 75.360.
If the area has not been examined, a
supplemental examination according to
30 CFR 75.361 will be performed before
any non-certified person enters the area.
(m) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible
electronic surveying equipment in
return airways. If there are two people
in the surveying crew, both persons will
continuously monitor for methane. The
other person will either be a qualified
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20:49 Aug 19, 2019
Jkt 247001
person, as defined in 30 CFR 75.151, or
be in the process of being trained to be
a qualified person but has yet to make
such tests for a period of 6 months, as
required in 30 CFR 75.150. Upon
completion of the 6-month training
period, the second person on the
surveying crew must become qualified,
as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the
surveying crew consists of one person,
that person will monitor for methane
with two separate devices.
(n) Batteries contained in the
nonpermissible electronic surveying
equipment will be changed out or
charged in fresh air out of return
airways. Replacement batteries will be
carried only in the compartment
provided for a spare battery in the
nonpermissible electronic surveying
equipment carrying case. Before each
shift of surveying, all batteries for the
nonpermissible electronic surveying
equipment will be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using nonpermissible
electronic surveying equipment in
return airways, the surveyor will
confirm by measurement or by inquiry
of the person in charge of the section,
that the air quantity on the section, on
that shift, in return airways is at least
the minimum quantity that is required
by the mine’s ventilation plan.
(p) Personnel engaged in the use of
nonpermissible electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment in areas where methane
could be present.
(q) All members of the surveying crew
will receive specific training on the
terms and conditions of the petition
before using nonpermissible electronic
surveying equipment in return airways.
A record of the training will be kept
with the other training records.
(r) If the petition is granted, the
operator will submit within 60 days
after the petition is final, proposed
revisions for its approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions of the petition.
When training is conducted on the
terms and conditions in the petition, an
MSHA Certificate of Training (Form
5000–23) will be completed and will
indicate that it was surveyor training.
(s) The operator will replace or retire
from service any electronic surveying
instrument that was acquired prior to
December 31, 2004 within 1 year of the
petition becoming final. Within 3 years
of the date that the petition becomes
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43181
final, the operator will replace or retire
from service any theodolite that was
acquired more than 5 years prior to the
date that the petition becomes final or
any total station or other electronic
surveying equipment identified in this
petition and acquired more than 10
years prior to the date that the petition
becomes final. After 5 years, the
operator will maintain a cycle of
purchasing new electronic surveying
equipment whereby theodolites will be
no older than 5 years from the date of
manufacture and total stations and other
electronic surveying equipment will be
no older than 10 years from the date of
manufacture.
(t) The operator will ensure that all
surveying contractors hired by the
operator are using nonpermissible
electronic surveying equipment in
accordance with the terms and
conditions of this petition. The
conditions of use in the petition will
apply to all nonpermissible electronic
surveying equipment used in return
airways, regardless of whether the
equipment is used by the operator or by
an independent contractor.
(u) The petitioner states that it may
use nonpermissible electronic surveying
equipment when production is
occurring, subject to the following
conditions:
—On a mechanized mining unit (MMU)
where production is occurring,
nonpermissible electronic surveying
equipment will not be used
downwind of the discharge point of
any face ventilation controls, such as
tubing (including controls such as
‘‘baloney skins’’) or curtains.
—Production may continue while
nonpermissible electronic surveying
equipment is used, if such equipment
is used in a separate split of air from
where production is occurring.
—Nonpermissible electronic surveying
equipment will not be used in a split
of air ventilating an MMU if any
ventilation controls will be disrupted
during such surveying. Disruption of
ventilation controls means any change
to the mine’s ventilation system that
causes the ventilation system not to
function in accordance with the
mine’s approved ventilation plan.
—If, while surveying, a surveyor must
disrupt ventilation, the surveyor will
cease surveying and communicate to
the section foreman that ventilation
must be disrupted. Production will
stop while ventilation is disrupted.
Ventilation controls will be
reestablished immediately after the
disruption is no longer necessary.
Production will only resume after all
ventilation controls are reestablished
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Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
—Any disruption in ventilation will be
recorded in the logbook required by
the petition. The logbook will include
a description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption and the date and time the
surveyor communicated the
disruption to the section foreman, the
date and time production ceased, the
date and time ventilation was
reestablished, and the date and time
production resumed.
—All surveyors, section foremen,
section crew members, and other
personnel who will be involved with
or affected by surveying operations
will receive training in accordance
with 30 CFR 48.7 on the requirements
of the petition within 60 days of the
date the petition becomes final. The
training will be completed before any
nonpermissible electronic surveying
equipment can be used while
production is occurring. The operator
will keep a record of the training and
provide the record to MSHA on
request.
—The operator will provide annual
retraining to all personnel who will be
involved with or affected by
surveying operations in accordance
with 30 CFR 48.8. The operator will
train new miners on the requirements
of the petition in accordance with 30
CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the petition in
accordance with 30 CFR 48.6. The
operator will keep a record of the
training and provide the record to
MSHA on request.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Roslyn B. Fontaine,
Deputy Director, Office of Standards,
Regulations, and Variances.
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2018–0012]
Advisory Committee on Construction
Safety and Health (ACCSH): Notice of
Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Announcement of a
teleconference/WebEx meeting of
ACCSH.
AGENCY:
SUMMARY: ACCSH will hold a
teleconference/WebEx meeting
September 9, 2019, to consider a
proposed rule on occupational exposure
to beryllium and beryllium compounds
in the construction industry.
DATES: ACCSH will meet from 10:00
a.m. to 12:00 p.m., ET, Monday,
September 9, 2019, by teleconference/
WebEx.
ADDRESSES:
Submission of comments and requests
to speak: Submit comments and
requests to speak at the ACCSH meeting
by September 4, 2019, identified by the
docket number for this Federal Register
notice (Docket No. OSHA–2018–0012),
using one of the following methods:
Electronically: You may submit
comments, including attachments,
electronically at: https://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the online
instructions for submitting comments.
Facsimile: If your comments,
including attachments, do not exceed 10
pages, you may fax them to the OSHA
Docket Office at (202) 693–1648.
Regular mail, express mail, hand
delivery, and messenger or courier
service: You may submit comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2018–0012,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3653, 200 Constitution
Avenue NW, Washington, DC 20210.
Deliveries (express mail, hand (courier)
delivery, and messenger service) are
accepted during the OSHA Docket
Office’s normal business hours, 10:00
a.m. to 3:00 p.m., ET.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (Docket No. OSHA–2018–0012).
Because of security-related procedures,
submissions by regular mail may result
in a significant delay in receipt. Please
contact the OSHA Docket Office for
information about security procedures
for making submissions by express mail,
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
hand (courier) delivery, and messenger
service.
Requests for special accommodations:
Please submit requests for special
accommodations for this ACCSH
meeting by September 4, 2019, to Ms.
Gretta Jameson, OSHA, Office of
Communications, Room N–3647, U.S.
Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210;
telephone: (202) 693–1999; email:
jameson.grettah@dol.gov.
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: https://
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:
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.
II. Meeting Information
Attending the meeting: Attendance at
this ACCSH meeting will be by
teleconference/WebEx only. The dial-in
number and passcode for the meeting
are as follows: Dial-in number: 1–888–
E:\FR\FM\20AUN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43165-43182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17832]
-----------------------------------------------------------------------
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 September 19,
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: Roslyn B. Fontaine, Deputy
Director, Office of Standards, Regulations, and Variances. Persons
delivering documents are required to check in at the receptionist's
desk in Suite 4E401. Individuals may inspect copies of the petition and
comments during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Office of
Standards, Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [These
are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
Part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. 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-2019-037-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Buffalo Mine, MSHA I.D. No. 46-09528, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
within 150 feet of pillar workings and longwall faces.
[[Page 43166]]
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most
practical and accurate surveying equipment is necessary. It is
necessary to determine the exact location and extent of mine workings
to ensure the safety of miners in active mines and to protect miners in
future mines which may mine in close proximity to the active mines.
(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
this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings or longwall faces will be examined
by the person who operates the equipment prior to taking the equipment
underground to ensure the equipment is being maintained in a safe
operating condition. The result of these examinations will be recorded
in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used within
150 feet of pillar workings or longwall faces will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions of this
petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
further than 150 feet from pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be complied with prior to entering
within 150 feet of pillar workings or longwall faces.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within 150 feet of pillar workings or longwall
faces, the surveyor(s) will conduct a visual examination of the
immediate area for evidence that the area appears to be sufficiently
rock-dusted and for the presence of accumulated float coal dust. If the
rock-dusting appears insufficient or the presence of accumulated float
coal dust is observed, the equipment will not be energized until
sufficient rock-dust has been applied and/or the accumulations of float
coal dust have been cleaned up. If nonpermissible electronic surveying
equipment is to be used in an area not rock-dusted within 40 feet of a
working face where a continuous mining machine is used, the area will
be rocked-dusted prior to energizing the nonpermissible electronic
surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment within 150 feet of pillar workings and longwall faces,
methane tests will be made in accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying equipment will not be used within
150 feet of pillar workings or longwall faces when production is
occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment within 150 feet of
pillar workings and longwall faces. If there are two people in the
surveying crew, both persons will continuously monitor for methane. The
other person will either be a qualified person, as defined in 30 CFR
75.151, or be in the process of being trained to be a qualified person
but has yet to make such tests for a period of 6 months, as required in
30 CFR 75.150. Upon completion of the 6-month training period, the
second person on the surveying crew must become qualified, as defined
in 30 CFR 75.151, in order to continue on the surveying crew. If the
surveying crew consists of one person, that person will monitor for
methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air more than 150
feet from pillar workings or longwall faces. Replacement batteries will
be carried only in the compartment provided for a spare battery in the
nonpermissible electronic surveying equipment carrying case. Before
each shift of surveying, all batteries for the nonpermissible
electronic surveying equipment will be charged sufficiently so that
they are not expected to be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment within
150 feet of pillar workings or longwall faces, the surveyor will
confirm by measurement or by inquiry of the person in charge of the
section, that the air quantity on the section, on that shift, within
150 feet of pillar workings or longwall faces is at least the minimum
quantity that is required by the mine's ventilation plan.
[[Page 43167]]
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment within 150 feet of pillar
workings or longwall faces. A record of the training will be kept with
the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used within 150 feet of pillar workings
or longwall faces, regardless of whether the equipment is used by the
operator or by an independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-038-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Buffalo Mine, MSHA I.D. No. 46-09528, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in or inby the last open crosscut.
The petitioner states that:
(1) 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 to 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
[[Page 43168]]
and similar low-voltage battery-operated total stations and theodolites
if they have an ingress protection (IP) rating of 66 or greater in or
inby the last open crosscut, subject to this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by the person who
operates the equipment prior to taking the equipment underground to
ensure the equipment is being maintained in a safe operating condition.
The result of these examinations will be recorded in the logbook and
will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in or
inby the last open crosscut will not be put into service until MSHA has
initially inspected the equipment and determined that it is in
compliance with all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
outby the last open crosscut. All requirements of 30 CFR 75.323 will be
complied with prior to entering in or inby the last open crosscut.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within in or inby the last open crosscut, the
surveyor(s) will conduct a visual examination of the immediate area for
evidence that the area appears to be sufficiently rock-dusted and for
the presence of accumulated float coal dust. If the rock-dusting
appears insufficient or the presence of accumulated float coal dust is
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have
been cleaned up. If nonpermissible electronic surveying equipment is to
be used in an area not rock-dusted within 40 feet of a working face
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in or inby the last open crosscut, methane tests will be made
in accordance with 30 CFR 75.323(a). Nonpermissible electronic
surveying equipment will not be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in or inby the last
open crosscut. If there are two people in the surveying crew, both
persons will continuously monitor for methane. The other person will
either be a qualified person, as defined in 30 CFR 75.151, or be in the
process of being trained to be a qualified person but has yet to make
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon
completion of the 6-month training period, the second person on the
surveying crew must become qualified, as defined in 30 CFR 75.151, in
order to continue on the surveying crew. If the surveying crew consists
of one person, that person will monitor for methane with two separate
devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air outby the last
open crosscut. Replacement batteries will be carried only in the
compartment provided for a spare battery in the nonpermissible
electronic surveying equipment carrying case. Before each shift of
surveying, all batteries for the nonpermissible electronic surveying
equipment will be charged sufficiently so that they are not expected to
be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment in or
inby the last open crosscut, the surveyor will confirm by measurement
or by inquiry of the person in charge of the section, that the air
quantity on the section, on that shift, in or inby the last open
crosscut is at least the minimum quantity that is required by the
mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in or inby the last open
crosscut. A record of the training will be kept with the other training
records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years
[[Page 43169]]
of the date that the petition becomes final, the operator will replace
or retire from service any theodolite that was acquired more than 5
years prior to the date that the petition becomes final or any total
station or other electronic surveying equipment identified in this
petition and acquired more than 10 years prior to the date that the
petition becomes final. After 5 years, the operator will maintain a
cycle of purchasing new electronic surveying equipment whereby
theodolites will be no older than 5 years from the date of manufacture
and total stations and other electronic surveying equipment will be no
older than 10 years from the date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in or inby the last open crosscut,
regardless of whether the equipment is used by the operator or by an
independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-039-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Buffalo Mine, MSHA I.D. No. 46-09528, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in return airways.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200(a), 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 this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by the person who operates the
equipment prior to taking the equipment underground to ensure the
equipment is being maintained in a safe operating condition. The result
of these examinations will be recorded in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
[[Page 43170]]
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in
return airways will not be put into service until MSHA has initially
inspected the equipment and determined that it is in compliance with
all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn out
of return airways. All requirements of 30 CFR 75.323 will be complied
with prior to entering in return airways.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment in return airways, the surveyor(s) will conduct a
visual examination of the immediate area for evidence that the area
appears to be sufficiently rock-dusted and for the presence of
accumulated float coal dust. If the rock-dusting appears insufficient
or the presence of accumulated float coal dust is observed, the
equipment will not be energized until sufficient rock-dust has been
applied and/or the accumulations of float coal dust have been cleaned
up. If nonpermissible electronic surveying equipment is to be used in
an area not rock-dusted within 40 feet of a working face where a
continuous mining machine is used, the area will be rocked-dusted prior
to energizing the nonpermissible electronic surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in return airways, methane tests will be made in accordance
with 30 CFR 75.323(a). Nonpermissible electronic surveying equipment
will not be used in return airways when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in return airways. If
there are two people in the surveying crew, both persons will
continuously monitor for methane. The other person will either be a
qualified person, as defined in 30 CFR 75.151, or be in the process of
being trained to be a qualified person but has yet to make such tests
for a period of 6 months, as required in 30 CFR 75.150. Upon completion
of the 6-month training period, the second person on the surveying crew
must become qualified, as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the surveying crew consists of one
person, that person will monitor for methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air out of return
airways. Replacement batteries will be carried only in the compartment
provided for a spare battery in the nonpermissible electronic surveying
equipment carrying case. Before each shift of surveying, all batteries
for the nonpermissible electronic surveying equipment will be charged
sufficiently so that they are not expected to be replaced on that
shift.
(o) When using nonpermissible electronic surveying equipment in
return airways, the surveyor will confirm by measurement or by inquiry
of the person in charge of the section, that the air quantity on the
section, on that shift, in return airways is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in return airways. A
record of the training will be kept with the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in return airways, regardless of
whether the equipment is used by the operator or by an independent
contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
[[Page 43171]]
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-040-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Washington Mine, MSHA I.D. No. 46-09294, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
within 150 feet of pillar workings and longwall faces.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most
practical and accurate surveying equipment is necessary. It is
necessary to determine the exact location and extent of mine workings
to ensure the safety of miners in active mines and to protect miners in
future mines which may mine in close proximity to the active mines.
(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
this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings or longwall faces will be examined
by the person who operates the equipment prior to taking the equipment
underground to ensure the equipment is being maintained in a safe
operating condition. The result of these examinations will be recorded
in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used within
150 feet of pillar workings or longwall faces will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions of this
petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
further than 150 feet from pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be complied with prior to entering
within 150 feet of pillar workings or longwall faces.
(i) Prior to setting up and energizing nonpermissible electronic
surveying
[[Page 43172]]
equipment within 150 feet of pillar workings or longwall faces, the
surveyor(s) will conduct a visual examination of the immediate area for
evidence that the area appears to be sufficiently rock-dusted and for
the presence of accumulated float coal dust. If the rock-dusting
appears insufficient or the presence of accumulated float coal dust is
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have
been cleaned up. If nonpermissible electronic surveying equipment is to
be used in an area not rock-dusted within 40 feet of a working face
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment within 150 feet of pillar workings and longwall faces,
methane tests will be made in accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying equipment will not be used within
150 feet of pillar workings or longwall faces when production is
occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment within 150 feet of
pillar workings and longwall faces. If there are two people in the
surveying crew, both persons will continuously monitor for methane. The
other person will either be a qualified person, as defined in 30 CFR
75.151, or be in the process of being trained to be a qualified person
but has yet to make such tests for a period of 6 months, as required in
30 CFR 75.150. Upon completion of the 6-month training period, the
second person on the surveying crew must become qualified, as defined
in 30 CFR 75.151, in order to continue on the surveying crew. If the
surveying crew consists of one person, that person will monitor for
methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air more than 150
feet from pillar workings or longwall faces. Replacement batteries will
be carried only in the compartment provided for a spare battery in the
nonpermissible electronic surveying equipment carrying case. Before
each shift of surveying, all batteries for the nonpermissible
electronic surveying equipment will be charged sufficiently so that
they are not expected to be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment within
150 feet of pillar workings or longwall faces, the surveyor will
confirm by measurement or by inquiry of the person in charge of the
section, that the air quantity on the section, on that shift, within
150 feet of pillar workings or longwall faces is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment within 150 feet of pillar
workings or longwall faces. A record of the training will be kept with
the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used within 150 feet of pillar workings
or longwall faces, regardless of whether the equipment is used by the
operator or by an independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the
[[Page 43173]]
surveyor communicated the disruption to the section foreman, the date
and time production ceased, the date and time ventilation was
reestablished, and the date and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-041-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Washington Mine, MSHA I.D. No. 46-09294, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in or inby the last open crosscut.
The petitioner states that:
(1) 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 to 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 this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by the person who
operates the equipment prior to taking the equipment underground to
ensure the equipment is being maintained in a safe operating condition.
The result of these examinations will be recorded in the logbook and
will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in or
inby the last open crosscut will not be put into service until MSHA has
initially inspected the equipment and determined that it is in
compliance with all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
outby the last open crosscut. All requirements of 30 CFR 75.323 will be
complied with prior to entering in or inby the last open crosscut.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within in or inby the last open crosscut, the
surveyor(s) will conduct a visual examination of the immediate area for
evidence that the area appears to be sufficiently rock-dusted and for
the presence of accumulated float coal dust. If the rock-dusting
appears insufficient or the presence of accumulated float coal dust is
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have
been cleaned up. If nonpermissible electronic surveying equipment is to
be used in an area not rock-dusted within 40 feet of a working face
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
[[Page 43174]]
(k) Prior to energizing nonpermissible electronic surveying
equipment in or inby the last open crosscut, methane tests will be made
in accordance with 30 CFR 75.323(a). Nonpermissible electronic
surveying equipment will not be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in or inby the last
open crosscut. If there are two people in the surveying crew, both
persons will continuously monitor for methane. The other person will
either be a qualified person, as defined in 30 CFR 75.151, or be in the
process of being trained to be a qualified person but has yet to make
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon
completion of the 6-month training period, the second person on the
surveying crew must become qualified, as defined in 30 CFR 75.151, in
order to continue on the surveying crew. If the surveying crew consists
of one person, that person will monitor for methane with two separate
devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air outby the last
open crosscut. Replacement batteries will be carried only in the
compartment provided for a spare battery in the nonpermissible
electronic surveying equipment carrying case. Before each shift of
surveying, all batteries for the nonpermissible electronic surveying
equipment will be charged sufficiently so that they are not expected to
be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment in or
inby the last open crosscut, the surveyor will confirm by measurement
or by inquiry of the person in charge of the section, that the air
quantity on the section, on that shift, in or inby the last open
crosscut is at least the minimum quantity that is required by the
mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in or inby the last open
crosscut. A record of the training will be kept with the other training
records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in or inby the last open crosscut,
regardless of whether the equipment is used by the operator or by an
independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The
[[Page 43175]]
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-2019-042-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Washington Mine, MSHA I.D. No. 46-09294, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in return airways.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200(a), 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 this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by the person who operates the
equipment prior to taking the equipment underground to ensure the
equipment is being maintained in a safe operating condition. The result
of these examinations will be recorded in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in
return airways will not be put into service until MSHA has initially
inspected the equipment and determined that it is in compliance with
all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn out
of return airways. All requirements of 30 CFR 75.323 will be complied
with prior to entering in return airways.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment in return airways, the surveyor(s) will conduct a
visual examination of the immediate area for evidence that the area
appears to be sufficiently rock-dusted and for the presence of
accumulated float coal dust. If the rock-dusting appears insufficient
or the presence of accumulated float coal dust is observed, the
equipment will not be energized until sufficient rock-dust has been
applied and/or the accumulations of float coal dust have been cleaned
up. If nonpermissible electronic surveying equipment is to be used in
an area not rock-dusted within 40 feet of a working face where a
continuous mining machine is used, the area will be rocked-dusted prior
to energizing the nonpermissible electronic surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in return airways, methane tests will be made in accordance
with 30 CFR 75.323(a). Nonpermissible electronic surveying equipment
will not be used in return airways when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in return airways. If
there are two people in the surveying crew, both persons will
continuously monitor for methane. The other person will either be a
qualified person, as defined in 30 CFR 75.151, or be in the process of
being trained to be a qualified person but has yet to make such tests
for a period of 6 months, as required in 30 CFR 75.150. Upon completion
of the 6-month training period, the second person on the surveying crew
must become qualified, as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the surveying crew consists of one
person, that person will monitor for methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air out of return
airways. Replacement batteries will be carried only in the compartment
provided for a spare battery in the nonpermissible electronic surveying
equipment carrying case. Before each shift of surveying, all batteries
for the nonpermissible electronic surveying
[[Page 43176]]
equipment will be charged sufficiently so that they are not expected to
be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment in
return airways, the surveyor will confirm by measurement or by inquiry
of the person in charge of the section, that the air quantity on the
section, on that shift, in return airways is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in return airways. A
record of the training will be kept with the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in return airways, regardless of
whether the equipment is used by the operator or by an independent
contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-043-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Muddy Bridge Mine, MSHA I.D. No. 46-09514, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
within 150 feet of pillar workings and longwall faces.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most
practical and accurate surveying equipment is necessary. It is
necessary to determine the exact location and extent of mine workings
to ensure the safety of miners in active mines and to protect miners in
future mines which may mine in close proximity to the active mines.
(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.
[[Page 43177]]
As an alternative to the existing standard, the petitioner proposes
the following:
(a) The operator may use the following total stations and
theodolites and similar low-voltage battery-operated total stations and
theodolites if they have an ingress protection (IP) rating of 66 or
greater within 150 feet of pillar workings or longwall faces subject to
this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings or longwall faces will be examined
by the person who operates the equipment prior to taking the equipment
underground to ensure the equipment is being maintained in a safe
operating condition. The result of these examinations will be recorded
in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used within
150 feet of pillar workings or longwall faces will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions of this
petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
further than 150 feet from pillar workings and longwall faces. All
requirements of 30 CFR 75.323 will be complied with prior to entering
within 150 feet of pillar workings or longwall faces.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within 150 feet of pillar workings or longwall
faces, the surveyor(s) will conduct a visual examination of the
immediate area for evidence that the area appears to be sufficiently
rock-dusted and for the presence of accumulated float coal dust. If the
rock-dusting appears insufficient or the presence of accumulated float
coal dust is observed, the equipment will not be energized until
sufficient rock-dust has been applied and/or the accumulations of float
coal dust have been cleaned up. If nonpermissible electronic surveying
equipment is to be used in an area not rock-dusted within 40 feet of a
working face where a continuous mining machine is used, the area will
be rocked-dusted prior to energizing the nonpermissible electronic
surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment within 150 feet of pillar workings and longwall faces,
methane tests will be made in accordance with 30 CFR 75.323(a).
Nonpermissible electronic surveying equipment will not be used within
150 feet of pillar workings or longwall faces when production is
occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment within 150 feet of
pillar workings and longwall faces. If there are two people in the
surveying crew, both persons will continuously monitor for methane. The
other person will either be a qualified person, as defined in 30 CFR
75.151, or be in the process of being trained to be a qualified person
but has yet to make such tests for a period of 6 months, as required in
30 CFR 75.150. Upon completion of the 6-month training period, the
second person on the surveying crew must become qualified, as defined
in 30 CFR 75.151, in order to continue on the surveying crew. If the
surveying crew consists of one person, that person will monitor for
methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air more than 150
feet from pillar workings or longwall faces. Replacement batteries will
be carried only in the compartment provided for a spare battery in the
nonpermissible electronic surveying equipment carrying case. Before
each shift of surveying, all batteries for the nonpermissible
electronic surveying equipment will be charged sufficiently so that
they are not expected to be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment within
150 feet of pillar workings or longwall faces, the surveyor will
confirm by measurement or by inquiry of the person in charge of the
section, that the air quantity on the section, on that shift, within
150 feet of pillar workings or longwall faces is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment within 150 feet of pillar
workings or longwall faces. A record of the training will be kept with
the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition.
[[Page 43178]]
When training is conducted on the terms and conditions in the petition,
an MSHA Certificate of Training (Form 5000-23) will be completed and
will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used within 150 feet of pillar workings
or longwall faces, regardless of whether the equipment is used by the
operator or by an independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-044-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Muddy Bridge Mine, MSHA I.D. No. 46-09514, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in or inby the last open crosscut.
The petitioner states that:
(1) 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 to 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 this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The
[[Page 43179]]
logbook will contain the date of manufacture and/or purchase of each
particular piece of electronic surveying equipment. The logbook will be
made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by the person who
operates the equipment prior to taking the equipment underground to
ensure the equipment is being maintained in a safe operating condition.
The result of these examinations will be recorded in the logbook and
will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(f) The operator will ensure that all nonpermissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and will include a description of the work performed.
(g) The nonpermissible electronic surveying equipment used in or
inby the last open crosscut will not be put into service until MSHA has
initially inspected the equipment and determined that it is in
compliance with all the terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn
outby the last open crosscut. All requirements of 30 CFR 75.323 will be
complied with prior to entering in or inby the last open crosscut.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment within in or inby the last open crosscut, the
surveyor(s) will conduct a visual examination of the immediate area for
evidence that the area appears to be sufficiently rock-dusted and for
the presence of accumulated float coal dust. If the rock-dusting
appears insufficient or the presence of accumulated float coal dust is
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have
been cleaned up. If nonpermissible electronic surveying equipment is to
be used in an area not rock-dusted within 40 feet of a working face
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in or inby the last open crosscut, methane tests will be made
in accordance with 30 CFR 75.323(a). Nonpermissible electronic
surveying equipment will not be used in or inby the last open crosscut
when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in or inby the last
open crosscut. If there are two people in the surveying crew, both
persons will continuously monitor for methane. The other person will
either be a qualified person, as defined in 30 CFR 75.151, or be in the
process of being trained to be a qualified person but has yet to make
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon
completion of the 6-month training period, the second person on the
surveying crew must become qualified, as defined in 30 CFR 75.151, in
order to continue on the surveying crew. If the surveying crew consists
of one person, that person will monitor for methane with two separate
devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air outby the last
open crosscut. Replacement batteries will be carried only in the
compartment provided for a spare battery in the nonpermissible
electronic surveying equipment carrying case. Before each shift of
surveying, all batteries for the nonpermissible electronic surveying
equipment will be charged sufficiently so that they are not expected to
be replaced on that shift.
(o) When using nonpermissible electronic surveying equipment in or
inby the last open crosscut, the surveyor will confirm by measurement
or by inquiry of the person in charge of the section, that the air
quantity on the section, on that shift, in or inby the last open
crosscut is at least the minimum quantity that is required by the
mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in or inby the last open
crosscut. A record of the training will be kept with the other training
records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible
[[Page 43180]]
electronic surveying equipment in accordance with the terms and
conditions of this petition. The conditions of use in the petition will
apply to all nonpermissible electronic surveying equipment used in or
inby the last open crosscut, regardless of whether the equipment is
used by the operator or by an independent contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-045-C.
Petitioner: Hampden Coal, LLC, One Oxford Centre, 301 Grant Street,
Suite 4300, Pittsburgh, Pennsylvania 15219.
Mines: Muddy Bridge Mine, MSHA I.D. No. 46-09514, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in return airways.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200(a), 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 this petition:
--Sokkia CX-105
--TopCon 235
(b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and
theodolites. All nonpermissible electronic total stations and
theodolites will have an IP 66 or greater rating.
(c) The operator will maintain a logbook for electronic surveying
equipment with the equipment, or in the location where mine record
books are kept, or in the location where the surveying record books are
kept. The logbook will contain the date of manufacture and/or purchase
of each particular piece of electronic surveying equipment. The logbook
will be made available to MSHA on request.
(d) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by the person who operates the
equipment prior to taking the equipment underground to ensure the
equipment is being maintained in a safe operating condition. The result
of these examinations will be recorded in the logbook and will include:
(i) Checking the instrument for any physical damage and the
integrity of the case;
(ii) Removing the battery and inspecting for corrosion;
(iii) Inspecting the contact points to ensure a secure connection
to the battery;
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(v) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(e) The equipment will be examined at least weekly by a qualified
person, as defined in 30 CFR 75.153. The examination results will be
recorded weekly in the equipment logbook and will be maintained for at
least 1 year.
(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
[[Page 43181]]
airways will not be put into service until MSHA has initially inspected
the equipment and determined that it is in compliance with all the
terms and conditions of this petition.
(h) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent. When
1.0 percent or more methane is detected while such equipment is being
used, the equipment will be de-energized immediately and withdrawn out
of return airways. All requirements of 30 CFR 75.323 will be complied
with prior to entering in return airways.
(i) Prior to setting up and energizing nonpermissible electronic
surveying equipment in return airways, the surveyor(s) will conduct a
visual examination of the immediate area for evidence that the area
appears to be sufficiently rock-dusted and for the presence of
accumulated float coal dust. If the rock-dusting appears insufficient
or the presence of accumulated float coal dust is observed, the
equipment will not be energized until sufficient rock-dust has been
applied and/or the accumulations of float coal dust have been cleaned
up. If nonpermissible electronic surveying equipment is to be used in
an area not rock-dusted within 40 feet of a working face where a
continuous mining machine is used, the area will be rocked-dusted prior
to energizing the nonpermissible electronic surveying equipment.
(j) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320. All methane detectors will provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing nonpermissible electronic surveying
equipment in return airways, methane tests will be made in accordance
with 30 CFR 75.323(a). Nonpermissible electronic surveying equipment
will not be used in return airways when production is occurring.
(l) Prior to surveying, the area will be examined according to 30
CFR 75.360. If the area has not been examined, a supplemental
examination according to 30 CFR 75.361 will be performed before any
non-certified person enters the area.
(m) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in return airways. If
there are two people in the surveying crew, both persons will
continuously monitor for methane. The other person will either be a
qualified person, as defined in 30 CFR 75.151, or be in the process of
being trained to be a qualified person but has yet to make such tests
for a period of 6 months, as required in 30 CFR 75.150. Upon completion
of the 6-month training period, the second person on the surveying crew
must become qualified, as defined in 30 CFR 75.151, in order to
continue on the surveying crew. If the surveying crew consists of one
person, that person will monitor for methane with two separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment will be changed out or charged in fresh air out of return
airways. Replacement batteries will be carried only in the compartment
provided for a spare battery in the nonpermissible electronic surveying
equipment carrying case. Before each shift of surveying, all batteries
for the nonpermissible electronic surveying equipment will be charged
sufficiently so that they are not expected to be replaced on that
shift.
(o) When using nonpermissible electronic surveying equipment in
return airways, the surveyor will confirm by measurement or by inquiry
of the person in charge of the section, that the air quantity on the
section, on that shift, in return airways is at least the minimum
quantity that is required by the mine's ventilation plan.
(p) Personnel engaged in the use of nonpermissible electronic
surveying equipment will be properly trained to recognize the hazards
and limitations associated with the use of such equipment in areas
where methane could be present.
(q) All members of the surveying crew will receive specific
training on the terms and conditions of the petition before using
nonpermissible electronic surveying equipment in return airways. A
record of the training will be kept with the other training records.
(r) If the petition is granted, the operator will submit within 60
days after the petition is final, proposed revisions for its approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify initial and refresher training regarding the terms and
conditions of the petition. When training is conducted on the terms and
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
(s) The operator will replace or retire from service any electronic
surveying instrument that was acquired prior to December 31, 2004
within 1 year of the petition becoming final. Within 3 years of the
date that the petition becomes final, the operator will replace or
retire from service any theodolite that was acquired more than 5 years
prior to the date that the petition becomes final or any total station
or other electronic surveying equipment identified in this petition and
acquired more than 10 years prior to the date that the petition becomes
final. After 5 years, the operator will maintain a cycle of purchasing
new electronic surveying equipment whereby theodolites will be no older
than 5 years from the date of manufacture and total stations and other
electronic surveying equipment will be no older than 10 years from the
date of manufacture.
(t) The operator will ensure that all surveying contractors hired
by the operator are using nonpermissible electronic surveying equipment
in accordance with the terms and conditions of this petition. The
conditions of use in the petition will apply to all nonpermissible
electronic surveying equipment used in return airways, regardless of
whether the equipment is used by the operator or by an independent
contractor.
(u) The petitioner states that it may use nonpermissible electronic
surveying equipment when production is occurring, subject to the
following conditions:
--On a mechanized mining unit (MMU) where production is occurring,
nonpermissible electronic surveying equipment will not be used downwind
of the discharge point of any face ventilation controls, such as tubing
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying
equipment is used, if such equipment is used in a separate split of air
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a
split of air ventilating an MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the
surveyor will cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production will stop while
ventilation is disrupted. Ventilation controls will be reestablished
immediately after the disruption is no longer necessary. Production
will only resume after all ventilation controls are reestablished
[[Page 43182]]
and are in compliance with approved ventilation or other plans, and
other applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook
required by the petition. The logbook will include a description of the
nature of the disruption, the location of the disruption, the date and
time of the disruption and the date and time the surveyor communicated
the disruption to the section foreman, the date and time production
ceased, the date and time ventilation was reestablished, and the date
and time production resumed.
--All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
will receive training in accordance with 30 CFR 48.7 on the
requirements of the petition within 60 days of the date the petition
becomes final. The training will be completed before any nonpermissible
electronic surveying equipment can be used while production is
occurring. The operator will keep a record of the training and provide
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will
be involved with or affected by surveying operations in accordance with
30 CFR 48.8. The operator will train new miners on the requirements of
the petition in accordance with 30 CFR 48.5, and will train experienced
miners, as defined in 30 CFR 48.6, on the requirements of the petition
in accordance with 30 CFR 48.6. The operator will keep a record of the
training and provide the record to MSHA on request.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Roslyn B. Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-17832 Filed 8-19-19; 8:45 am]
BILLING CODE 4520-43-P
