Petitions for Modification of Application of Existing Mandatory Safety Standards, 19162-19168 [2020-07063]

Download as PDF 19162 Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices identifiable information (PII), criminal history and other background information, in order to determine an individual’s suitability to serve as an ATF CI. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 300 respondents will utilize the form annually, and it will take each respondent approximately 120 minutes to complete their responses. (6) An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 600 hours, which is equal to 300 (# of respondents annually) * 1 (# of responses per respondent) * 2 hours (120 minutes). If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. 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), 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. Dated: April 1, 2020. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. I. Background [FR Doc. 2020–07162 Filed 4–3–20; 8:45 am] BILLING CODE 4410–14–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice is a summary of three petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petitions must be received by MSHA’s Office of Standards, Regulations, and Variances on or before May 6, 2020. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Electronic Mail: 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, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. The application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements for filing petitions for modification. II. Petitions for Modification Three petitions for modifications are summarized below. Docket Number: M–2020–002–C. Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650. Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46–09495, Stonecoal Branch Mine No. 2, MSHA I.D. No. 46–08663, No. 2 Gas, MSHA I.D. No. 46–09541, located in Logan County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, in or inby the last open crosscut. The petitioner states that: (1) The operator is seeking a modification of this standard, which relates to battery powered, nonpermissible surveying equipment, including battery operated mine transits, total station surveying equipment, distance meters and data loggers. (2) The operator seeks a petition for modification relating to batterypowered, non-permissible surveying equipment. (3) To comply with requirements for mine ventilation maps and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (4) Application of the existing standard would result in a diminution of safety to miners. Underground mining by its nature, size, and complexity of mine plans requires that accurate and precise measurements be completed in a prompt and efficient manner. (5) The alternative method will at all times guarantee no less than the same measure of protection afforded by this standard. As an alternative to the existing standard, the petitioner proposes the following: (a) The operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in or inby the last open crosscut, subject to this petition: —Sokkia CX–105LN (b) The nonpermissible electronic surveying equipment is low-voltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in or E:\FR\FM\06APN1.SGM 06APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices 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 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. VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 19163 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 E:\FR\FM\06APN1.SGM 06APN1 jbell on DSKJLSW7X2PROD with NOTICES 19164 Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices 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 VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the petition in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the petition in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2020–003–C. Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650. Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46–09495, Stonecoal Branch Mine No. 2, MSHA I.D. No. 46–08663, No. 2 Gas, MSHA I.D. No. 46–09541, located in Logan County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, in return airways. The petitioner states that: (1) The operator is seeking a modification of this standard, which relates to battery powered, nonpermissible surveying equipment, including battery operated mine transits, total station surveying equipment, distance meters and data loggers. (2) The operator seeks a petition for modification relating to batterypowered, non-permissible surveying equipment. (3) To comply with requirements for mine ventilation maps and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (4) Application of the existing standard would result in a diminution of safety to miners. Underground PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 mining by its nature, size, and complexity of mine plans requires that accurate and precise measurements be completed in a prompt and efficient manner. (5) The alternative method will at all times guarantee no less than the same measure of protection afforded by this standard. As an alternative to the existing standard, the petitioner proposes the following: (a) The operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater in return airways, subject to this petition: —Sokkia CX–105LN (b) The nonpermissible electronic surveying equipment is low-voltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books are kept, or in the location where the surveying record books are kept. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (d) All nonpermissible electronic surveying equipment to be used in return airways will be examined by the person who operates the equipment prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. The result of these examinations will be recorded in the logbook and will include: (i) Checking the instrument for any physical damage and the integrity of the case; (ii) Removing the battery and inspecting for corrosion; (iii) Inspecting the contact points to ensure a secure connection to the battery; (iv) Reinserting the battery and powering up and shutting down to ensure proper connections; and (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (e) The equipment will be examined at least weekly by a qualified person, as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook and will be maintained for at least 1 year. E:\FR\FM\06APN1.SGM 06APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices (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. VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 (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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 19165 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 E:\FR\FM\06APN1.SGM 06APN1 jbell on DSKJLSW7X2PROD with NOTICES 19166 Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices cease surveying and communicate to the section foreman that ventilation must be disrupted. Production will stop while ventilation is disrupted. Ventilation controls will be reestablished immediately after the disruption is no longer necessary. Production will only resume after all ventilation controls are reestablished and are in compliance with approved ventilation or other plans, and other applicable laws, standards, or regulations. —Any disruption in ventilation will be recorded in the logbook required by the petition. The logbook will include a description of the nature of the disruption, the location of the disruption, the date and time of the disruption and the date and time the surveyor communicated the disruption to the section foreman, the date and time production ceased, the date and time ventilation was reestablished, and the date and time production resumed. —All surveyors, section foremen, section crew members, and other personnel who will be involved with or affected by surveying operations will receive training in accordance with 30 CFR 48.7 on the requirements of the petition within 60 days of the date the petition becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the petition in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the petition in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2020–004–C. Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650. Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46–09495, Stonecoal Branch Mine No. 2, MSHA I.D. No. 46–08663, No. 2 Gas, MSHA I.D. No. 46–09541, located in Logan County, West Virginia. VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible surveying equipment including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers, within 150 feet of pillar workings and longwall faces. The petitioner states that: (1) The operator is seeking a modification of this standard, which relates to battery powered, nonpermissible surveying equipment, including battery operated mine transits, total station surveying equipment, distance meters and data loggers. (2) The operator seeks a petition for modification relating to batterypowered, non-permissible surveying equipment. (3) To comply with requirements for mine ventilation maps and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (4) Application of the existing standard would result in a diminution of safety to miners. Underground mining by its nature, size, and complexity of mine plans requires that accurate and precise measurements be completed in a prompt and efficient manner. (5) The alternative method will at all times guarantee no less than the same measure of protection afforded by this standard. As an alternative to the existing standard, the petitioner proposes the following: (a) The operator may use the following total stations and theodolites and similar low-voltage battery-operated total stations and theodolites if they have an ingress protection (IP) rating of 66 or greater within 150 feet of pillar workings or longwall faces subject to this petition: —Sokkia CX–105LN (b) The nonpermissible electronic surveying equipment is low-voltage or battery-powered nonpermissible total stations and theodolites. All nonpermissible electronic total stations and theodolites will have an IP 66 or greater rating. (c) The operator will maintain a logbook for electronic surveying equipment with the equipment, or in the location where mine record books PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06APN1.SGM 06APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices 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 VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 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 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 19167 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 E:\FR\FM\06APN1.SGM 06APN1 19168 Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Notices disruption to the section foreman, the date and time production ceased, the date and time ventilation was reestablished, and the date and time production resumed. —All surveyors, section foremen, section crew members, and other personnel who will be involved with or affected by surveying operations will receive training in accordance with 30 CFR 48.7 on the requirements of the petition within 60 days of the date the petition becomes final. The training will be completed before any nonpermissible electronic surveying equipment can be used while production is occurring. The operator will keep a record of the training and provide the record to MSHA on request. —The operator will provide annual retraining to all personnel who will be involved with or affected by surveying operations in accordance with 30 CFR 48.8. The operator will train new miners on the requirements of the petition in accordance with 30 CFR 48.5, and will train experienced miners, as defined in 30 CFR 48.6, on the requirements of the petition in accordance with 30 CFR 48.6. The operator will keep a record of the training and provide the record to MSHA on request. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2020–07063 Filed 4–3–20; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration [OMB Control No. 1219–0143] Proposed Extension of Information Collection; Qualification/Certification Program Request for MSHA Individual Identification Number (MIIN) Mine Safety and Health Administration, Labor. ACTION: Request for public comments. AGENCY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:47 Apr 03, 2020 Jkt 250001 with the Paperwork Reduction Act of 1995. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Qualification/ Certification Program Request for MSHA Individual Identification Number (MIIN). All comments must be received on or before June 5, 2020. ADDRESSES: You may submit comment as follows. Please note that late, untimely filed comments will not be considered. Electronic Submissions: Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for docket number MSHA–2020–0009. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket, with no changes. Because your comment will be made public, you are responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as your or anyone else’s Social Security number or confidential business information. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission. Written/Paper Submissions: Submit written/paper submissions in the following way: • Mail/Hand Delivery: Mail or visit DOL–MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, VA 22202–5452. • MSHA will post your comment as well as any attachments, except for information submitted and marked as confidential, in the docket at https:// www.regulations.gov. DATES: FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at MSHA.information.collections@dol.gov (email); (202) 693–9440 (voice); or (202) 693–9441 (facsimile). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 I. Background Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 813(h), authorizes MSHA to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811, authorizes the Secretary of Labor to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal and metal and nonmetal mines. MSHA issues certifications, qualifications, and approvals to the nation’s miners to conduct specific work within the mines. Miners requiring qualification or certification from MSHA will register for an MIIN. MSHA uses this unique number in place of individual Social Security numbers (SSNs) for all MSHA collections. The MIIN identifier fulfills Executive Order 13402, Strengthening Federal Efforts Against Identity Theft, which requires Federal agencies to better secure government held data. II. Desired Focus of Comments MSHA is soliciting comments concerning the proposed information collection related to Qualification/ Certification Program Request for MSHA Individual Identification Number (MIIN). MSHA is particularly interested in comments that: • Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information has practical utility; • Evaluate the accuracy of MSHA’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; • Suggest methods to 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, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Background documents related to this information collection request are available at https://regulations.gov and in DOL–MSHA located at 201 12th Street South, Suite 4E401, Arlington, VA 22202–5452. Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION section of E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19162-19168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07063]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of three petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before May 6, 2020.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Roslyn B. Fontaine, Deputy 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petition and 
comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Office of 
Standards, Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (facsimile). [These 
are not toll-free numbers.]

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

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements for filing petitions for modification.

II. Petitions for Modification

    Three petitions for modifications are summarized below.
    Docket Number: M-2020-002-C.
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650.
    Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal 
Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-
09541, located in Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
in or inby the last open crosscut.
    The petitioner states that:
    (1) The operator is seeking a modification of this standard, which 
relates to battery powered, non-permissible surveying equipment, 
including battery operated mine transits, total station surveying 
equipment, distance meters and data loggers.
    (2) The operator seeks a petition for modification relating to 
battery-powered, non-permissible surveying equipment.
    (3) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (4) Application of the existing standard would result in a 
diminution of safety to miners. Underground mining by its nature, size, 
and complexity of mine plans requires that accurate and precise 
measurements be completed in a prompt and efficient manner.
    (5) The alternative method will at all times guarantee no less than 
the same measure of protection afforded by this standard.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in or inby the last open crosscut, subject to this petition:

--Sokkia CX-105LN

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

[[Page 19163]]

inby the last open crosscut will be examined by the person who operates 
the equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. The result 
of these examinations will be recorded in the logbook and will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook and will be maintained for at 
least 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in or 
inby the last open crosscut will not be put into service until MSHA has 
initially inspected the equipment and determined that it is in 
compliance with all the terms and conditions of this petition.
    (h) Nonpermissible electronic surveying equipment will not be used 
if methane is detected in concentrations at or above 1.0 percent. When 
1.0 percent or more methane is detected while such equipment is being 
used, the equipment will be de-energized immediately and withdrawn 
outby the last open crosscut. All requirements of 30 CFR 75.323 will be 
complied with prior to entering in or inby the last open crosscut.
    (i) Prior to setting up and energizing nonpermissible electronic 
surveying equipment within in or inby the last open crosscut, the 
surveyor(s) will conduct a visual examination of the immediate area for 
evidence that the area appears to be sufficiently rock-dusted and for 
the presence of accumulated float coal dust. If the rock-dusting 
appears insufficient or the presence of accumulated float coal dust is 
observed, the equipment will not be energized until sufficient rock-
dust has been applied and/or the accumulations of float coal dust have 
been cleaned up. If nonpermissible electronic surveying equipment is to 
be used in an area not rock-dusted within 40 feet of a working face 
where a continuous mining machine is used, the area will be rocked-
dusted prior to energizing the nonpermissible electronic surveying 
equipment.
    (j) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition, as defined in 
30 CFR 75.320. All methane detectors will provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (k) Prior to energizing nonpermissible electronic surveying 
equipment in or inby the last open crosscut, methane tests will be made 
in accordance with 30 CFR 75.323(a). Nonpermissible electronic 
surveying equipment will not be used in or inby the last open crosscut 
when production is occurring.
    (l) Prior to surveying, the area will be examined according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment in or inby the last 
open crosscut. If there are two people in the surveying crew, both 
persons will continuously monitor for methane. The other person will 
either be a qualified person, as defined in 30 CFR 75.151, or be in the 
process of being trained to be a qualified person but has yet to make 
such tests for a period of 6 months, as required in 30 CFR 75.150. Upon 
completion of the 6-month training period, the second person on the 
surveying crew must become qualified, as defined in 30 CFR 75.151, in 
order to continue on the surveying crew. If the surveying crew consists 
of one person, that person will monitor for methane with two separate 
devices.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air outby the last 
open crosscut. Replacement batteries will be carried only in the 
compartment provided for a spare battery in the nonpermissible 
electronic surveying equipment carrying case. Before each shift of 
surveying, all batteries for the nonpermissible electronic surveying 
equipment will be charged sufficiently so that they are not expected to 
be replaced on that shift.
    (o) When using nonpermissible electronic surveying equipment in or 
inby the last open crosscut, the surveyor will confirm by measurement 
or by inquiry of the person in charge of the section, that the air 
quantity on the section, on that shift, in or inby the last open 
crosscut is at least the minimum quantity that is required by the 
mine's ventilation plan.
    (p) Personnel engaged in the use of nonpermissible electronic 
surveying equipment will be properly trained to recognize the hazards 
and limitations associated with the use of such equipment in areas 
where methane could be present.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the petition before using 
nonpermissible electronic surveying equipment in or inby the last open 
crosscut. A record of the training will be kept with the other training 
records.
    (r) If the petition is granted, the operator will submit within 60 
days after the petition is final, proposed revisions for its approved 
30 CFR part 48 training plans to the District Manager. These revisions 
will specify initial and refresher training regarding the terms and 
conditions of the petition. When training is conducted on the terms and 
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the petition becoming final. Within 3 years of the 
date that the petition becomes final, the operator will replace or 
retire from service any theodolite that was acquired more than 5 years 
prior to the date that the petition becomes final or any total station 
or other electronic surveying equipment identified in this petition and 
acquired more than 10 years prior to the date that the petition becomes 
final. After 5 years, the operator will maintain a cycle of purchasing 
new electronic surveying equipment whereby theodolites will be no older 
than 5 years from the date of manufacture and total stations and other 
electronic surveying equipment will be no older than 10 years from the 
date of manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the terms and conditions of this petition. The 
conditions of use in the petition will apply to all nonpermissible 
electronic surveying equipment used in or inby the last open crosscut, 
regardless of whether

[[Page 19164]]

the equipment is used by the operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if such equipment is used in a separate split of air 
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production will stop while 
ventilation is disrupted. Ventilation controls will be reestablished 
immediately after the disruption is no longer necessary. Production 
will only resume after all ventilation controls are reestablished and 
are in compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the petition. The logbook will include a description of the 
nature of the disruption, the location of the disruption, the date and 
time of the disruption and the date and time the surveyor communicated 
the disruption to the section foreman, the date and time production 
ceased, the date and time ventilation was reestablished, and the date 
and time production resumed.
--All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
will receive training in accordance with 30 CFR 48.7 on the 
requirements of the petition within 60 days of the date the petition 
becomes final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the petition in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the petition 
in accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2020-003-C.
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650.
    Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal 
Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-
09541, located in Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
in return airways.
    The petitioner states that:
    (1) The operator is seeking a modification of this standard, which 
relates to battery powered, non-permissible surveying equipment, 
including battery operated mine transits, total station surveying 
equipment, distance meters and data loggers.
    (2) The operator seeks a petition for modification relating to 
battery-powered, non-permissible surveying equipment.
    (3) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (4) Application of the existing standard would result in a 
diminution of safety to miners. Underground mining by its nature, size, 
and complexity of mine plans requires that accurate and precise 
measurements be completed in a prompt and efficient manner.
    (5) The alternative method will at all times guarantee no less than 
the same measure of protection afforded by this standard.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater in return airways, subject to this petition:

--Sokkia CX-105LN

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

[[Page 19165]]

    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used in 
return airways will not be put into service until MSHA has initially 
inspected the equipment and determined that it is in compliance with 
all the terms and conditions of this petition.
    (h) Nonpermissible electronic surveying equipment will not be used 
if methane is detected in concentrations at or above 1.0 percent. When 
1.0 percent or more methane is detected while such equipment is being 
used, the equipment will be de-energized immediately and withdrawn out 
of return airways. All requirements of 30 CFR 75.323 will be complied 
with prior to entering in return airways.
    (i) Prior to setting up and energizing nonpermissible electronic 
surveying equipment in return airways, the surveyor(s) will conduct a 
visual examination of the immediate area for evidence that the area 
appears to be sufficiently rock-dusted and for the presence of 
accumulated float coal dust. If the rock-dusting appears insufficient 
or the presence of accumulated float coal dust is observed, the 
equipment will not be energized until sufficient rock-dust has been 
applied and/or the accumulations of float coal dust have been cleaned 
up. If nonpermissible electronic surveying equipment is to be used in 
an area not rock-dusted within 40 feet of a working face where a 
continuous mining machine is used, the area will be rocked-dusted prior 
to energizing the nonpermissible electronic surveying equipment.
    (j) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition, as defined in 
30 CFR 75.320. All methane detectors will provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (k) Prior to energizing nonpermissible electronic surveying 
equipment in return airways, methane tests will be made in accordance 
with 30 CFR 75.323(a). Nonpermissible electronic surveying equipment 
will not be used in return airways when production is occurring.
    (l) Prior to surveying, the area will be examined according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment in return airways. If 
there are two people in the surveying crew, both persons will 
continuously monitor for methane. The other person will either be a 
qualified person, as defined in 30 CFR 75.151, or be in the process of 
being trained to be a qualified person but has yet to make such tests 
for a period of 6 months, as required in 30 CFR 75.150. Upon completion 
of the 6-month training period, the second person on the surveying crew 
must become qualified, as defined in 30 CFR 75.151, in order to 
continue on the surveying crew. If the surveying crew consists of one 
person, that person will monitor for methane with two separate devices.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air out of return 
airways. Replacement batteries will be carried only in the compartment 
provided for a spare battery in the nonpermissible electronic surveying 
equipment carrying case. Before each shift of surveying, all batteries 
for the nonpermissible electronic surveying equipment will be charged 
sufficiently so that they are not expected to be replaced on that 
shift.
    (o) When using nonpermissible electronic surveying equipment in 
return airways, the surveyor will confirm by measurement or by inquiry 
of the person in charge of the section, that the air quantity on the 
section, on that shift, in return airways is at least the minimum 
quantity that is required by the mine's ventilation plan.
    (p) Personnel engaged in the use of nonpermissible electronic 
surveying equipment will be properly trained to recognize the hazards 
and limitations associated with the use of such equipment in areas 
where methane could be present.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the petition before using 
nonpermissible electronic surveying equipment in return airways. A 
record of the training will be kept with the other training records.
    (r) If the petition is granted, the operator will submit within 60 
days after the petition is final, proposed revisions for its approved 
30 CFR part 48 training plans to the District Manager. These revisions 
will specify initial and refresher training regarding the terms and 
conditions of the petition. When training is conducted on the terms and 
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the petition becoming final. Within 3 years of the 
date that the petition becomes final, the operator will replace or 
retire from service any theodolite that was acquired more than 5 years 
prior to the date that the petition becomes final or any total station 
or other electronic surveying equipment identified in this petition and 
acquired more than 10 years prior to the date that the petition becomes 
final. After 5 years, the operator will maintain a cycle of purchasing 
new electronic surveying equipment whereby theodolites will be no older 
than 5 years from the date of manufacture and total stations and other 
electronic surveying equipment will be no older than 10 years from the 
date of manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the terms and conditions of this petition. The 
conditions of use in the petition will apply to all nonpermissible 
electronic surveying equipment used in return airways, regardless of 
whether the equipment is used by the operator or by an independent 
contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

--On a mechanized mining unit (MMU) where production is occurring, 
nonpermissible electronic surveying equipment will not be used downwind 
of the discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
--Production may continue while nonpermissible electronic surveying 
equipment is used, if such equipment is used in a separate split of air 
from where production is occurring.
--Nonpermissible electronic surveying equipment will not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
--If, while surveying, a surveyor must disrupt ventilation, the 
surveyor will

[[Page 19166]]

cease surveying and communicate to the section foreman that ventilation 
must be disrupted. Production will stop while ventilation is disrupted. 
Ventilation controls will be reestablished immediately after the 
disruption is no longer necessary. Production will only resume after 
all ventilation controls are reestablished and are in compliance with 
approved ventilation or other plans, and other applicable laws, 
standards, or regulations.
--Any disruption in ventilation will be recorded in the logbook 
required by the petition. The logbook will include a description of the 
nature of the disruption, the location of the disruption, the date and 
time of the disruption and the date and time the surveyor communicated 
the disruption to the section foreman, the date and time production 
ceased, the date and time ventilation was reestablished, and the date 
and time production resumed.
--All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
will receive training in accordance with 30 CFR 48.7 on the 
requirements of the petition within 60 days of the date the petition 
becomes final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the petition in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the petition 
in accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2020-004-C.
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, WV 25650.
    Mines: Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal 
Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-
09541, located in Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and data loggers, 
within 150 feet of pillar workings and longwall faces.
    The petitioner states that:
    (1) The operator is seeking a modification of this standard, which 
relates to battery powered, non-permissible surveying equipment, 
including battery operated mine transits, total station surveying 
equipment, distance meters and data loggers.
    (2) The operator seeks a petition for modification relating to 
battery-powered, non-permissible surveying equipment.
    (3) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (4) Application of the existing standard would result in a 
diminution of safety to miners. Underground mining by its nature, size, 
and complexity of mine plans requires that accurate and precise 
measurements be completed in a prompt and efficient manner.
    (5) The alternative method will at all times guarantee no less than 
the same measure of protection afforded by this standard.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The operator may use the following total stations and 
theodolites and similar low-voltage battery-operated total stations and 
theodolites if they have an ingress protection (IP) rating of 66 or 
greater within 150 feet of pillar workings or longwall faces subject to 
this petition:

--Sokkia CX-105LN

    (b) The nonpermissible electronic surveying equipment is low-
voltage or battery-powered nonpermissible total stations and 
theodolites. All nonpermissible electronic total stations and 
theodolites will have an IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept, or in the location where the surveying record books are 
kept. The logbook will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (d) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
by the person who operates the equipment prior to taking the equipment 
underground to ensure the equipment is being maintained in a safe 
operating condition. The result of these examinations will be recorded 
in the logbook and will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (v) Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The equipment will be examined at least weekly by a qualified 
person, as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook and will be maintained for at 
least 1 year.
    (f) The operator will ensure that all nonpermissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations. Dates of service will be recorded in the equipment's 
logbook and will include a description of the work performed.
    (g) The nonpermissible electronic surveying equipment used within 
150 feet of pillar workings or longwall faces will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions of this 
petition.
    (h) Nonpermissible electronic surveying equipment will not be used 
if methane is detected in concentrations at or above 1.0 percent. When 
1.0 percent or more methane is detected while such equipment is being 
used, the equipment will be de-energized immediately and withdrawn 
further than 150 feet from pillar workings and longwall faces. All 
requirements of 30 CFR 75.323 will be complied with prior to entering 
within 150 feet of pillar workings or longwall faces.
    (i) Prior to setting up and energizing nonpermissible electronic 
surveying equipment within 150 feet of pillar

[[Page 19167]]

workings or longwall faces, the surveyor(s) will conduct a visual 
examination of the immediate area for evidence that the area appears to 
be sufficiently rock-dusted and for the presence of accumulated float 
coal dust. If the rock-dusting appears insufficient or the presence of 
accumulated float coal dust is observed, the equipment will not be 
energized until sufficient rock-dust has been applied and/or the 
accumulations of float coal dust have been cleaned up. If 
nonpermissible electronic surveying equipment is to be used in an area 
not rock-dusted within 40 feet of a working face where a continuous 
mining machine is used, the area will be rocked-dusted prior to 
energizing the nonpermissible electronic surveying equipment.
    (j) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition, as defined in 
30 CFR 75.320. All methane detectors will provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (k) Prior to energizing nonpermissible electronic surveying 
equipment within 150 feet of pillar workings and longwall faces, 
methane tests will be made in accordance with 30 CFR 75.323(a). 
Nonpermissible electronic surveying equipment will not be used within 
150 feet of pillar workings or longwall faces when production is 
occurring.
    (l) Prior to surveying, the area will be examined according to 30 
CFR 75.360. If the area has not been examined, a supplemental 
examination according to 30 CFR 75.361 will be performed before any 
non-certified person enters the area.
    (m) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic surveying equipment within 150 feet of 
pillar workings and longwall faces. If there are two people in the 
surveying crew, both persons will continuously monitor for methane. The 
other person will either be a qualified person, as defined in 30 CFR 
75.151, or be in the process of being trained to be a qualified person 
but has yet to make such tests for a period of 6 months, as required in 
30 CFR 75.150. Upon completion of the 6-month training period, the 
second person on the surveying crew must become qualified, as defined 
in 30 CFR 75.151, in order to continue on the surveying crew. If the 
surveying crew consists of one person, that person will monitor for 
methane with two separate devices.
    (n) Batteries contained in the nonpermissible electronic surveying 
equipment will be changed out or charged in fresh air more than 150 
feet from pillar workings or longwall faces. Replacement batteries will 
be carried only in the compartment provided for a spare battery in the 
nonpermissible electronic surveying equipment carrying case. Before 
each shift of surveying, all batteries for the nonpermissible 
electronic surveying equipment will be charged sufficiently so that 
they are not expected to be replaced on that shift.
    (o) When using nonpermissible electronic surveying equipment within 
150 feet of pillar workings or longwall faces, the surveyor will 
confirm by measurement or by inquiry of the person in charge of the 
section, that the air quantity on the section, on that shift, within 
150 feet of pillar workings or longwall faces is at least the minimum 
quantity that is required by the mine's ventilation plan.
    (p) Personnel engaged in the use of nonpermissible electronic 
surveying equipment will be properly trained to recognize the hazards 
and limitations associated with the use of such equipment in areas 
where methane could be present.
    (q) All members of the surveying crew will receive specific 
training on the terms and conditions of the petition before using 
nonpermissible electronic surveying equipment within 150 feet of pillar 
workings or longwall faces. A record of the training will be kept with 
the other training records.
    (r) If the petition is granted, the operator will submit within 60 
days after the petition is final, proposed revisions for its approved 
30 CFR part 48 training plans to the District Manager. These revisions 
will specify initial and refresher training regarding the terms and 
conditions of the petition. When training is conducted on the terms and 
conditions in the petition, an MSHA Certificate of Training (Form 5000-
23) will be completed and will indicate that it was surveyor training.
    (s) The operator will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2004 
within 1 year of the petition becoming final. Within 3 years of the 
date that the petition becomes final, the operator will replace or 
retire from service any theodolite that was acquired more than 5 years 
prior to the date that the petition becomes final or any total station 
or other electronic surveying equipment identified in this petition and 
acquired more than 10 years prior to the date that the petition becomes 
final. After 5 years, the operator will maintain a cycle of purchasing 
new electronic surveying equipment whereby theodolites will be no older 
than 5 years from the date of manufacture and total stations and other 
electronic surveying equipment will be no older than 10 years from the 
date of manufacture.
    (t) The operator will ensure that all surveying contractors hired 
by the operator are using nonpermissible electronic surveying equipment 
in accordance with the terms and conditions of this petition. The 
conditions of use in the petition will apply to all nonpermissible 
electronic surveying equipment used within 150 feet of pillar workings 
or longwall faces, regardless of whether the equipment is used by the 
operator or by an independent contractor.
    (u) The petitioner states that it may use nonpermissible electronic 
surveying equipment when production is occurring, subject to the 
following conditions:

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

[[Page 19168]]

disruption to the section foreman, the date and time production ceased, 
the date and time ventilation was reestablished, and the date and time 
production resumed.
--All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
will receive training in accordance with 30 CFR 48.7 on the 
requirements of the petition within 60 days of the date the petition 
becomes final. The training will be completed before any nonpermissible 
electronic surveying equipment can be used while production is 
occurring. The operator will keep a record of the training and provide 
the record to MSHA on request.
--The operator will provide annual retraining to all personnel who will 
be involved with or affected by surveying operations in accordance with 
30 CFR 48.8. The operator will train new miners on the requirements of 
the petition in accordance with 30 CFR 48.5, and will train experienced 
miners, as defined in 30 CFR 48.6, on the requirements of the petition 
in accordance with 30 CFR 48.6. The operator will keep a record of the 
training and provide the record to MSHA on request.

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

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-07063 Filed 4-3-20; 8:45 am]
BILLING CODE 4520-43-P


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