Petition for Modification of Application of Existing Mandatory Safety Standard, 7415-7417 [2024-02090]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
operator shall submit proposed
revisions for its approved 30 CFR part
48 training plans to the Coal Mine
Safety and Health District Manager.
These proposed revisions shall specify
initial and refresher training regarding
the terms and conditions of the PDO.
When training is conducted on the
terms and conditions of the PDO, a
MSHA Certificate of Training (Form
5000–23) shall be completed and shall
include comments indicating it was
surveyor training.
(s) The operator shall replace or retire
from service any non-permissible
electronic surveying instrument
acquired prior to December 31, 2004,
within 1 year of the PDO granted by
MSHA becomes final. Within 3 years of
the date the PDO becomes final, the
operator shall replace or retire from
service any theodolite acquired more
than 5 years prior to the date the PDO
became final and any total station or
other electronic surveying equipment
identified in the PDO acquired more
than10 years prior to the date the PDO
became final. After 5 years, the operator
shall maintain a cycle of purchasing
new electronic surveying equipment so
that theodolites shall be no older than
5 years from the date of manufacture
and total stations and other electronic
surveying equipment shall be no older
than 10 years from date of manufacture.
(t) The operator is responsible for
ensuring that all surveying contractors
hired by the operator use nonpermissible electronic surveying
equipment in accordance with the
requirements of paragraph (s) of the
PDO granted by MSHA. The conditions
of use specified in the PDO shall apply
to all non-permissible electronic
surveying equipment used in or inby the
last open crosscut, regardless of whether
the equipment is used by the operator
or by an independent contractor.
(u) Non-permissible surveying
electronic surveying equipment may be
used when production is occurring,
subject to these conditions:
(1) On a mechanized mining unit
(MMU) where production is occurring,
non-permissible electronic surveying
equipment shall not be used downwind
of the discharge point of any face
ventilation controls, such as tubing
(including controls such as ‘‘baloney
skins’’) or curtains.
(2) Production may continue while
non-permissible electronic surveying
equipment is used if the surveying
equipment is used in a separate split of
air from where production is occurring.
(3) Non-permissible electronic
surveying equipment shall not be used
in a split of air ventilating an MMU if
any ventilation controls will be
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17:08 Feb 01, 2024
Jkt 262001
disrupted during such surveying.
Disruption of ventilation controls means
any change to the mine’s ventilation
system that causes the ventilation
system not to function in accordance
with the mine’s approved ventilation
plan.
(4) If a surveyor must disrupt
ventilation while surveying, the
surveyor shall cease surveying and
communicate to the section foreman
that ventilation must be disrupted.
Production shall stop while ventilation
is disrupted. Ventilation controls shall
be reestablished immediately after the
disruption is no longer necessary.
Production shall only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans and other
applicable laws, standards, or
regulations.
(5) Any disruption in ventilation shall
be recorded in the logbook required by
the PDO granted by MSHA. The logbook
shall include a description of the nature
of the disruption, the location of the
disruption, the date and time of the
disruption, 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.
(6) All surveyors, section foremen,
section crew members, and other
personnel who will be involved with or
affected by surveying operations shall
receive training in accordance with 30
CFR 48.7 on the requirements of the
PDO granted by MSHA within 60 days
of the date the PDO becomes final. Such
training shall be completed before any
non-permissible electronic surveying
equipment can be used while
production is occurring. The operator
shall keep a record of such training and
provide it to MSHA upon request.
(7) The operator shall 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 shall train new
miners on the requirements of the PDO
granted by MSHA in accordance with 30
CFR 48.5 and shall train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the PDO in
accordance with 30 CFR 48.6. The
operator shall keep a record of such
training and provide it to MSHA upon
request.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
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7415
measure of protection afforded the
miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–02071 Filed 2–1–24; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the party
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before March 4, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2023–
0055 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2023–0055.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, 4th Floor West, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk, 4th Floor West.
Individuals may inspect copies of the
petition and comments during normal
business hours at the address listed
above. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (email), or 202–693–9441 (fax).
[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 (CFR) part
44 govern the application, processing,
SUMMARY:
E:\FR\FM\02FEN1.SGM
02FEN1
7416
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
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, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Petition for Modification
Docket Number: M–2023–026–C.
Petitioner: Panther Creek Mining,
LLC, 903 Dawes Hollow, Dawes, West
Virginia 25054.
Mine: Winchester 2 Mine, MSHA ID
No. 46–09615, located in Kanawha
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 30 CFR
75.507–1(a) to permit the use of nonpermissible battery-powered electronic
surveying equipment in return air outby
the last open crosscut.
The petitioner states that:
(a) The mine utilizes the continuous
miner method of mining.
(b) In order to comply with
requirements of 30 CFR 75.372 and 30
CFR 75.1200, use of the most practical
and accurate surveying equipment is
necessary.
(c) Mechanical surveying equipment
has been obsolete for several years. Such
equipment of acceptable quality is not
commercially available. It is difficult to
have such equipment serviced or
repaired.
(d) Battery-powered electronic
surveying equipment is, at a minimum,
8–10 times more accurate than
mechanical equipment.
(e) Accurate surveying is critical to
the safety of the miners at the
Winchester 2 Mine.
(f) Underground mining by its nature,
size and complexity of mine plans
requires that accurate and precise
measurements be completed in a
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17:08 Feb 01, 2024
Jkt 262001
prompt and efficient manner. Use of
electronic surveying equipment
provides significant safety benefits.
The petitioner proposes the following
alternative method:
(a) Non-permissible battery-powered
electronic surveying equipment to be
used includes:
(1) Topcom GM 52 Total Station.
(b) The equipment used is low voltage
or battery-powered non-permissible
total stations and theodolites. All nonpermissible electronic total stations and
theodolites shall have an IP 66 or greater
rating.
(c) The operator shall 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 shall contain the date of
manufacture and/or purchase of each
piece of electronic surveying
equipment. The logbook shall be made
available to MSHA upon request.
(d) All non-permissible electronic
surveying equipment to be used in
return air outby the last open crosscut
shall be examined by the person to
operate the equipment prior to taking
the equipment underground to ensure
the equipment is being maintained in
safe operating condition. These
examinations shall include:
(1) Checking the instrument for any
physical damage and the integrity of the
case;
(2) Removing the battery and
inspecting for corrosion;
(3) Inspecting the contact points to
ensure a secure connection to the
battery;
(4) Reinserting the battery and
powering up and shutting down to
ensure proper connections; and
(5) Checking the battery compartment
cover or batter attachment to ensure that
is securely fastened.
The results of this examination shall
be recorded in the logbook.
(e) The equipment shall be examined
at least weekly by a qualified person as
defined in 30 CFR 75.153. The
examination results shall be recorded
weekly in the equipment’s logbook.
These records shall be retained for 1
year.
(f) The operator shall ensure that all
non-permissible electronic surveying
equipment is serviced according to the
manufacturer’s recommendations. Date
of service shall be recorded in the
equipment’s logbook and shall include
a description of the work performed.
(g) The non-permissible electronic
surveying equipment to be used in
return air outby the last open crosscut
shall not be put into service until MSHA
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Fmt 4703
Sfmt 4703
has initially inspected the equipment
and determined that it is in compliance
with all the terms and conditions of the
Proposed Decision and Order (PDO)
granted by MSHA.
(h) Non-permissible electronic
surveying equipment shall not be used
if methane is detected in concentrations
at or above 1.0 percent. When 1.0
percent or more of methane is detected
while the non-permissible electronic
surveying equipment is being used, the
equipment shall be de-energized
immediately and withdrawn out of the
return air outby the last open crosscut.
All requirements of 30 CFR 75.323 shall
be complied with prior to entering in
return air outby the last open crosscut.
(i) Before setting up and energizing
nonpermissible electronic surveying
equipment in return air outby the last
open crosscut, the surveyor(s) shall
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 nonpermissible
electronic surveying equipment shall
not be energized until sufficient rock
dust has been applied and/or the
accumulations of float coal dust have
been removed. If nonpermissible
electronic surveying equipment is to be
used in an area that has not been rockdusted within 40 feet of a working face
where a continuous mining machine is
used to extract coal, the area shall be
rock-dusted prior to energizing the nonpermissible electronic surveying
equipment.
(j) All hand-held methane detectors
shall be MSHA-approved and
maintained in permissible and proper
operating condition as defined by 30
CFR 75.320. All methane detectors shall
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(k) Prior to energizing any of the nonpermissible electronic surveying
equipment in return air outby the last
open crosscut, methane tests shall be
made in accordance with 30 CFR
75.323(a).
(l) All areas to be surveyed must be
pre-shifted according to 30 CFR 75.360
prior to surveying. If the area was not
pre-shifted, a supplemental examination
according to 30 CFR 75.361 shall be
performed before any non-certified
person enters the area. If the area has
been examined according to 30 CFR
75.360 or 30 CFR 75.361, additional
examination is not required.
(m) A qualified person as defined in
30 CFR 75.151 shall continuously
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02FEN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
monitor for methane immediately before
and during the use of non-permissible
electronic surveying equipment in
return air outby the last open crosscut.
A second person in the surveying crew,
if there are two people in the crew, shall
also continuously monitor for methane.
That person shall 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 have yet to ‘‘make such tests
for a period of 6 months’’ as required by
30 CFR 75.150. Upon completion of the
6-month training period, the second
person on the surveying crew shall
become qualified to continue on the
surveying crew. If the surveying crew
consists of only one person, the person
shall monitor for methane with two
separate devices.
(n) Batteries contained in the nonpermissible electronic surveying
equipment shall be changed out or
charged in intake air outby the last open
crosscut. Replacement batteries for the
non-permissible electronic surveying
equipment shall be carried only in the
electronic equipment carrying case
spare battery compartment. Before each
surveying shift, all batteries for the nonpermissible electronic surveying
equipment shall be charged sufficiently
so that they are not expected to be
replaced on that shift.
(o) When using non-permissible
electronic surveying equipment in
return air outby the last open crosscut,
the surveyor shall 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 in return air outby the last open
crosscut is at least the minimum
quantity required by the mine’s
ventilation plan.
(p) Personnel engaged in the use of
non-permissible electronic surveying
equipment shall be properly trained to
recognize the hazards and limitations
associated with the use of nonpermissible electronic surveying
equipment in areas where methane
could be present.
(q) All members of the surveying crew
shall receive specific training on the
terms and conditions of the PDO
granted by MSHA before using nonpermissible electronic surveying
equipment in return air outby the last
open crosscut. A record of the training
shall be kept with the other training
records.
(r) Within 60 days after the PDO
granted by MSHA becomes final, the
operator shall submit proposed
revisions for its approved 30 CFR part
48 training plans to the Coal Mine
Safety and Health District Manager.
These proposed revisions shall specify
VerDate Sep<11>2014
17:08 Feb 01, 2024
Jkt 262001
initial and refresher training regarding
the terms and conditions of the PDO.
When training is conducted on the
terms and conditions of the PDO, a
MSHA Certificate of Training (Form
5000–23) shall be completed and shall
include comments indicating it was
surveyor training.
(s) The operator shall replace or retire
from service any non-permissible
electronic surveying instrument
acquired prior to December 31, 2004,
within 1 year of the PDO granted by
MSHA becomes final. Within 3 years of
the date the PDO becomes final, the
operator shall replace or retire from
service any theodolite acquired more
than 5 years prior to the date the PDO
became final and any total station or
other electronic surveying equipment
identified in the PDO acquired more
than10 years prior to the date the PDO
became final. After 5 years, the operator
shall maintain a cycle of purchasing
new electronic surveying equipment so
that theodolites shall be no older than
5 years from the date of manufacture
and total stations and other electronic
surveying equipment shall be no older
than 10 years from date of manufacture.
(t) The operator is responsible for
ensuring that all surveying contractors
hired by the operator use nonpermissible electronic surveying
equipment in accordance with the
requirements of paragraph (s) of the
PDO granted by MSHA. The conditions
of use specified in the PDO shall apply
to all non-permissible electronic
surveying equipment used in return air
outby the last open crosscut, regardless
of whether the equipment is used by the
operator or by an independent
contractor.
(u) Non-permissible electronic
surveying equipment may be used when
production is occurring, subject to these
conditions:
(1) On a mechanized mining unit
(MMU) where production is occurring,
non-permissible electronic surveying
equipment shall not be used downwind
of the discharge point of any face
ventilation controls, such as tubing
(including controls such as ‘‘baloney
skins’’) or curtains.
(2) Production may continue while
non-permissible electronic surveying
equipment is used if the surveying
equipment is used in a separate split of
air from where production is occurring.
(3) Non-permissible electronic
surveying equipment shall not be used
in a split of air ventilating a 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
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
7417
function in accordance with the mine’s
approved ventilation plan.
(4) If a surveyor must disrupt
ventilation while surveying, the
surveyor shall cease surveying and
communicate to the section foreman
that ventilation must be disrupted.
Production shall stop while ventilation
is disrupted. Ventilation controls shall
be reestablished immediately after the
disruption is no longer necessary.
Production shall only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans and other
applicable laws, standards, or
regulations.
(5) Any disruption in ventilation shall
be recorded in the logbook required by
the PDO granted by MSHA. The logbook
shall include a description of the nature
of the disruption, the location of the
disruption, the date and time of the
disruption, 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.
(6) All surveyors, section foremen,
section crew members, and other
personnel who will be involved with or
affected by surveying operations shall
receive training in accordance with 30
CFR 48.7 on the requirements of the
PDO granted by MSHA within 60 days
of the date the PDO becomes final. Such
training shall be completed before any
non-permissible electronic surveying
equipment can be used while
production is occurring. The operator
shall keep a record of such training and
provide it to MSHA upon request.
(7) The operator shall 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 shall train new
miners on the requirements of the PDO
granted by MSHA in accordance with 30
CFR 48.5 and shall train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the PDO in
accordance with 30 CFR 48.6. The
operator shall keep a record of such
training and provide it to MSHA upon
request.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–02090 Filed 2–1–24; 8:45 am]
BILLING CODE 4520–43–P
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7415-7417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02090]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before March 4, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0055 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2023-0055.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk, 4th Floor West. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (fax). [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
(CFR) part 44 govern the application, processing,
[[Page 7416]]
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, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2023-026-C.
Petitioner: Panther Creek Mining, LLC, 903 Dawes Hollow, Dawes,
West Virginia 25054.
Mine: Winchester 2 Mine, MSHA ID No. 46-09615, located in Kanawha
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 30
CFR 75.507-1(a) to permit the use of non-permissible battery-powered
electronic surveying equipment in return air outby the last open
crosscut.
The petitioner states that:
(a) The mine utilizes the continuous miner method of mining.
(b) In order to comply with requirements of 30 CFR 75.372 and 30
CFR 75.1200, use of the most practical and accurate surveying equipment
is necessary.
(c) Mechanical surveying equipment has been obsolete for several
years. Such equipment of acceptable quality is not commercially
available. It is difficult to have such equipment serviced or repaired.
(d) Battery-powered electronic surveying equipment is, at a
minimum, 8-10 times more accurate than mechanical equipment.
(e) Accurate surveying is critical to the safety of the miners at
the Winchester 2 Mine.
(f) 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. Use of electronic surveying equipment
provides significant safety benefits.
The petitioner proposes the following alternative method:
(a) Non-permissible battery-powered electronic surveying equipment
to be used includes:
(1) Topcom GM 52 Total Station.
(b) The equipment used is low voltage or battery-powered non-
permissible total stations and theodolites. All non-permissible
electronic total stations and theodolites shall have an IP 66 or
greater rating.
(c) The operator shall 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 shall contain the date of manufacture and/or purchase
of each piece of electronic surveying equipment. The logbook shall be
made available to MSHA upon request.
(d) All non-permissible electronic surveying equipment to be used
in return air outby the last open crosscut shall be examined by the
person to operate the equipment prior to taking the equipment
underground to ensure the equipment is being maintained in safe
operating condition. These examinations shall include:
(1) Checking the instrument for any physical damage and the
integrity of the case;
(2) Removing the battery and inspecting for corrosion;
(3) Inspecting the contact points to ensure a secure connection to
the battery;
(4) Reinserting the battery and powering up and shutting down to
ensure proper connections; and
(5) Checking the battery compartment cover or batter attachment to
ensure that is securely fastened.
The results of this examination shall be recorded in the logbook.
(e) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.153. The examination results shall be
recorded weekly in the equipment's logbook. These records shall be
retained for 1 year.
(f) The operator shall ensure that all non-permissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Date of service shall be recorded in the equipment's
logbook and shall include a description of the work performed.
(g) The non-permissible electronic surveying equipment to be used
in return air outby the last open crosscut shall not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions of the
Proposed Decision and Order (PDO) granted by MSHA.
(h) Non-permissible electronic surveying equipment shall not be
used if methane is detected in concentrations at or above 1.0 percent.
When 1.0 percent or more of methane is detected while the non-
permissible electronic surveying equipment is being used, the equipment
shall be de-energized immediately and withdrawn out of the return air
outby the last open crosscut. All requirements of 30 CFR 75.323 shall
be complied with prior to entering in return air outby the last open
crosscut.
(i) Before setting up and energizing nonpermissible electronic
surveying equipment in return air outby the last open crosscut, the
surveyor(s) shall 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 nonpermissible electronic surveying equipment shall not
be energized until sufficient rock dust has been applied and/or the
accumulations of float coal dust have been removed. If nonpermissible
electronic surveying equipment is to be used in an area that has not
been rock-dusted within 40 feet of a working face where a continuous
mining machine is used to extract coal, the area shall be rock-dusted
prior to energizing the non-permissible electronic surveying equipment.
(j) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition as defined by
30 CFR 75.320. All methane detectors shall provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing any of the non-permissible electronic
surveying equipment in return air outby the last open crosscut, methane
tests shall be made in accordance with 30 CFR 75.323(a).
(l) All areas to be surveyed must be pre-shifted according to 30
CFR 75.360 prior to surveying. If the area was not pre-shifted, a
supplemental examination according to 30 CFR 75.361 shall be performed
before any non-certified person enters the area. If the area has been
examined according to 30 CFR 75.360 or 30 CFR 75.361, additional
examination is not required.
(m) A qualified person as defined in 30 CFR 75.151 shall
continuously
[[Page 7417]]
monitor for methane immediately before and during the use of non-
permissible electronic surveying equipment in return air outby the last
open crosscut. A second person in the surveying crew, if there are two
people in the crew, shall also continuously monitor for methane. That
person shall 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 have yet to
``make such tests for a period of 6 months'' as required by 30 CFR
75.150. Upon completion of the 6-month training period, the second
person on the surveying crew shall become qualified to continue on the
surveying crew. If the surveying crew consists of only one person, the
person shall monitor for methane with two separate devices.
(n) Batteries contained in the non-permissible electronic surveying
equipment shall be changed out or charged in intake air outby the last
open crosscut. Replacement batteries for the non-permissible electronic
surveying equipment shall be carried only in the electronic equipment
carrying case spare battery compartment. Before each surveying shift,
all batteries for the non-permissible electronic surveying equipment
shall be charged sufficiently so that they are not expected to be
replaced on that shift.
(o) When using non-permissible electronic surveying equipment in
return air outby the last open crosscut, the surveyor shall 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 in return air outby
the last open crosscut is at least the minimum quantity required by the
mine's ventilation plan.
(p) Personnel engaged in the use of non-permissible electronic
surveying equipment shall be properly trained to recognize the hazards
and limitations associated with the use of non-permissible electronic
surveying equipment in areas where methane could be present.
(q) All members of the surveying crew shall receive specific
training on the terms and conditions of the PDO granted by MSHA before
using non-permissible electronic surveying equipment in return air
outby the last open crosscut. A record of the training shall be kept
with the other training records.
(r) Within 60 days after the PDO granted by MSHA becomes final, the
operator shall submit proposed revisions for its approved 30 CFR part
48 training plans to the Coal Mine Safety and Health District Manager.
These proposed revisions shall specify initial and refresher training
regarding the terms and conditions of the PDO. When training is
conducted on the terms and conditions of the PDO, a MSHA Certificate of
Training (Form 5000-23) shall be completed and shall include comments
indicating it was surveyor training.
(s) The operator shall replace or retire from service any non-
permissible electronic surveying instrument acquired prior to December
31, 2004, within 1 year of the PDO granted by MSHA becomes final.
Within 3 years of the date the PDO becomes final, the operator shall
replace or retire from service any theodolite acquired more than 5
years prior to the date the PDO became final and any total station or
other electronic surveying equipment identified in the PDO acquired
more than10 years prior to the date the PDO became final. After 5
years, the operator shall maintain a cycle of purchasing new electronic
surveying equipment so that theodolites shall be no older than 5 years
from the date of manufacture and total stations and other electronic
surveying equipment shall be no older than 10 years from date of
manufacture.
(t) The operator is responsible for ensuring that all surveying
contractors hired by the operator use non-permissible electronic
surveying equipment in accordance with the requirements of paragraph
(s) of the PDO granted by MSHA. The conditions of use specified in the
PDO shall apply to all non-permissible electronic surveying equipment
used in return air outby the last open crosscut, regardless of whether
the equipment is used by the operator or by an independent contractor.
(u) Non-permissible electronic surveying equipment may be used when
production is occurring, subject to these conditions:
(1) On a mechanized mining unit (MMU) where production is
occurring, non-permissible electronic surveying equipment shall not be
used downwind of the discharge point of any face ventilation controls,
such as tubing (including controls such as ``baloney skins'') or
curtains.
(2) Production may continue while non-permissible electronic
surveying equipment is used if the surveying equipment is used in a
separate split of air from where production is occurring.
(3) Non-permissible electronic surveying equipment shall not be
used in a split of air ventilating a MMU if any ventilation controls
will be disrupted during such surveying. Disruption of ventilation
controls means any change to the mine's ventilation system that causes
the ventilation system not to function in accordance with the mine's
approved ventilation plan.
(4) If a surveyor must disrupt ventilation while surveying, the
surveyor shall cease surveying and communicate to the section foreman
that ventilation must be disrupted. Production shall stop while
ventilation is disrupted. Ventilation controls shall be reestablished
immediately after the disruption is no longer necessary. Production
shall only resume after all ventilation controls are reestablished and
are in compliance with approved ventilation or other plans and other
applicable laws, standards, or regulations.
(5) Any disruption in ventilation shall be recorded in the logbook
required by the PDO granted by MSHA. The logbook shall include a
description of the nature of the disruption, the location of the
disruption, the date and time of the disruption, 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.
(6) All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
shall receive training in accordance with 30 CFR 48.7 on the
requirements of the PDO granted by MSHA within 60 days of the date the
PDO becomes final. Such training shall be completed before any non-
permissible electronic surveying equipment can be used while production
is occurring. The operator shall keep a record of such training and
provide it to MSHA upon request.
(7) The operator shall 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 shall train new miners on the
requirements of the PDO granted by MSHA in accordance with 30 CFR 48.5
and shall train experienced miners, as defined in 30 CFR 48.6, on the
requirements of the PDO in accordance with 30 CFR 48.6. The operator
shall keep a record of such training and provide it to MSHA upon
request.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-02090 Filed 2-1-24; 8:45 am]
BILLING CODE 4520-43-P