Petition for Modification of Application of Existing Mandatory Safety Standard, 7739-7741 [2024-02168]

Download as PDF Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 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. 2024–02169 Filed 2–2–24; 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 6, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0060 by any of the following methods: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:56 Feb 02, 2024 Jkt 262001 7739 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) 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. (b) 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 include: (1) Topcon Electric Total Station Model ES–103 (2) Topcon Total Station GM–103 (3) Sokkia IM–52–2 (4) Sokkia CX–103 (5) Spectra Precision Ranger 7 (6) Tripod Data System Ranger (7) Spectra Precision Ranger TSC3 (b) The equipment used is low voltage I. Background or battery-powered non-permissible total stations and theodolites. All nonSection 101(c) of the Federal Mine permissible electronic total stations and Safety and Health Act of 1977 (Mine theodolites shall have an ingress Act) allows the mine operator or protection (IP) 66 or greater rating. representative of miners to file a (c) The operator shall maintain a petition to modify the application of any logbook for electronic surveying mandatory safety standard to a coal or equipment with the equipment, or in other mine if the Secretary of Labor the location where mine record books determines that: 1. An alternative method of achieving are kept or in the location where the the result of such standard exists which surveying record books are kept. The logbook shall contain the date of will at all times guarantee no less than the same measure of protection afforded manufacture and/or purchase of each piece of electronic surveying the miners of such mine by such equipment. The logbook shall be made standard; or 2. The application of such standard to available to MSHA upon request. (d) All non-permissible electronic such mine will result in a diminution of surveying equipment to be used in safety to the miners in such mine. return air outby the last open crosscut In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for shall be examined by the person to operate the equipment prior to taking filing petitions for modification. the equipment underground to ensure II. Petition for Modification the equipment is being maintained in Docket Number: M–2023–030–C. safe operating condition. These Petitioner: Fossil Rock Resources, examinations shall include: LLC, 5125 North Cottonwood Road, (1) Checking the instrument for any Orangeville, Utah 84537. physical damage and the integrity of the Mine: Fossil Rock Mine, MSHA ID No. case; (2) Removing the battery and 42–01211, located in Emery County, inspecting for corrosion; Utah. 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0060. 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 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, and disposition of petitions for modification. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\05FEN1.SGM 05FEN1 lotter on DSK11XQN23PROD with NOTICES1 7740 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices (3) Inspecting the contact points to ensure a secure connection to the battery; (4) Reinserting the battery and powering up and shutting down to ensure proper connections; and (5) Checking the battery compartment cover or battery attachment to ensure that 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. Dates 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 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 VerDate Sep<11>2014 17:56 Feb 02, 2024 Jkt 262001 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 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 air quantity on the section, on that shift, 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 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 becoming 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 granted 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 the 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 this 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 E:\FR\FM\05FEN1.SGM 05FEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 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 an MMU if any ventilation controls will be disrupted during such surveying. Disruption of ventilation controls means any change to the mine’s ventilation system that causes the ventilation system not to function in accordance with the mine’s approved ventilation plan. (4) If 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. 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 within 60 days of the date the PDO becomes final. Such training shall be completed before any non-permissible electronic surveying equipment can be VerDate Sep<11>2014 17:56 Feb 02, 2024 Jkt 262001 7741 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. 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, and disposition of petitions for modification. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. 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. [FR Doc. 2024–02168 Filed 2–2–24; 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 6, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0058 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0058. 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 4th Floor West. Individuals may inspect SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 I. Background II. Petition for Modification Docket Number: M–2023–028–C. Petitioner: Fossil Rock Resources, LLC, 5125 North Cottonwood Road, Orangeville, Utah 84537. Mine: Fossil Rock Mine, MSHA ID No. 42–01211, located in Emery County, Utah. Regulation Affected: 30 CFR 75.1002(a) (Installation of electrical equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of 30 CFR 75.1002(a) to permit the use of nonpermissible battery powered electronic surveying equipment within 150 feet of pillar workings or longwall faces. The petitioner states that: (a) 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. E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7739-7741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02168]


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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 6, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0060 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0060.
    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 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, 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-2023-030-C.
    Petitioner: Fossil Rock Resources, LLC, 5125 North Cottonwood Road, 
Orangeville, Utah 84537.
    Mine: Fossil Rock Mine, MSHA ID No. 42-01211, located in Emery 
County, Utah.
    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) 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.
    (b) 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 include:

(1) Topcon Electric Total Station Model ES-103
(2) Topcon Total Station GM-103
(3) Sokkia IM-52-2
(4) Sokkia CX-103
(5) Spectra Precision Ranger 7
(6) Tripod Data System Ranger
(7) Spectra Precision Ranger TSC3

    (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 ingress 
protection (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;

[[Page 7740]]

    (3) Inspecting the contact points to ensure a secure connection to 
the battery;
    (4) Reinserting the battery and powering up and shutting down to 
ensure proper connections; and
    (5) Checking the battery compartment cover or battery attachment to 
ensure that 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. Dates 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 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 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 becoming 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 granted 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 the 
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 this 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

[[Page 7741]]

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 an MMU if any ventilation controls 
will be disrupted during such surveying. Disruption of ventilation 
controls means any change to the mine's ventilation system that causes 
the ventilation system not to function in accordance with the mine's 
approved ventilation plan.
    (4) If 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. 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 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. 2024-02168 Filed 2-2-24; 8:45 am]
BILLING CODE 4520-43-P


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