Petition for Modification of Application of Existing Mandatory Safety Standards, 58769-58772 [2024-15883]
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Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Notices
Federal Register on April 29, 2024 (89
FR 33399).
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–OSHA.
Title of Collection: Safe + Sound
Campaign.
OMB Control Number: 1218–0269.
Affected Public: Private Sector—
Businesses or other for-profits.
Total Estimated Number of
Respondents: 190,155.
Total Estimated Number of
Responses: 190,155.
Total Estimated Annual Time Burden:
20,088 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D)).
Nicole Bouchet,
Certifying Official.
[FR Doc. 2024–15884 Filed 7–18–24; 8:45 am]
BILLING CODE 4510–26–P
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DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Voluntary
Protection Program Information
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Occupational
Safety & Health Administration (OSHA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before August 19, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Nicole Bouchet by telephone at 202–
693–0213, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: The
Voluntary Protection Program (VPP)
recognizes employers and workers in
the private industry and federal
agencies who have implemented
effective safety and health management
systems and maintain injury and illness
rates below national Bureau of Labor
Statistics averages for their respective
industries. In VPP, management, labor,
and OSHA work cooperatively and
proactively to prevent fatalities, injuries,
and illnesses through a system focused
on: hazard prevention and control;
worksite analysis; training; and
management commitment and worker
involvement. OSHA Challenge provides
interested employers and workers the
opportunity to gain assistance in
improving their safety and health
management systems. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on April 24, 2024 (89
FR 31221).
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
SUMMARY:
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58769
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–OSHA.
Title of Collection: Voluntary
Protection Program Information.
OMB Control Number: 1218–0239.
Affected Public: Private Sector—
Businesses or other for-profits.
Total Estimated Number of
Respondents: 3,295.
Total Estimated Number of
Responses: 3,295.
Total Estimated Annual Time Burden:
69,657 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D)).
Nicole Bouchet,
Certifying Official.
[FR Doc. 2024–15885 Filed 7–18–24; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
SUMMARY:
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Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Notices
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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 August 19, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0009 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0009.
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, Suite 4E401, 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 in Suite 4E401.
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, Director, 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 (Mine Act) 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 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.
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II. Petition for Modification
Docket Number: M–2024–005–C.
Petitioner: Banner Blue Coal
Company, 1073 Riverview Street,
Grundy, VA 24614.
Mines: Paw Paw 2 South, MSHA ID
No. 44–07401, located in Buchanan
County, Virginia; Paw Paw 2, MSHA ID
No. 15–19842, located in Pike County,
Kentucky; and Shop Branch, MSHA ID
No. 15–19866, located in Pike County,
Kentucky.
Regulation Affected: 30 CFR
75.500(d), Permissible electric
equipment.
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.500(d), to allow
non-permissible battery-powered
surveying equipment to be taken into or
used inby the last crosscut of the coal
mine.
The petitioner states that:
(a) Both 30 CFR 75.372 and 30 CFR
75.1200 necessitate the use of the most
practicable and accurate survey
equipment in the preparation of mine
maps.
(b) There are currently no
manufacturers of non-electric
permissible surveying equipment that
can provide the accuracy needed for
mine mapping.
(c) Only older, used non-electric
permissible surveying equipment is
available in limited supply.
(d) Older non-electric permissible
surveying equipment is difficult to
service and calibrate as parts are no
longer available.
(e) Accurate surveying and mapping
is critical to the health and safety of
miners. It ensures the mine is developed
as planned around gas wells and under
streams or other geologic anomalies. It
also provides a record of the area mined
in the event of an emergency. The use
of older non-electric permissible
surveying equipment results in a
diminution of safety to miners.
(f) Modern battery-powered nonpermissible surveying equipment is
much more accurate than older style
mechanical instruments.
(g) Several manufacturers and models
of modern battery-powered nonpermissible surveying equipment are
ingress protected for dust and water
with IP66 ratings. Intuitively, this
sealing offers safety from methane and
coal dust.
(h) No manufacturers of modern
battery-powered surveying equipment
have pursued MSHA approval as
permissible for use in or inby the last
open crosscut due to the limited
demand and use of such a surveying
instrument.
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The petitioner proposes the following
alternative method:
(a) Surveying equipment shall consist
of battery-powered non-permissible
total stations and theodolites with an
ingress protection rating for dust and
water resistance at a minimum of IP 66.
(b) The surveying instruments
proposed in the petition are the Sokkia
Digital Theodolite DT 950 LG/PS and/or
the Stonex R1 Plus.
(c) A logbook shall be maintained for
the battery-powered non-permissible
surveying equipment documenting the
manufacturer, model number, and date
of manufacture or purchase. The
logbook shall be maintained at the mine
office with other logbooks. The logbooks
shall be made available to MSHA for
inspection, upon request.
(d) The battery-powered nonpermissible surveying equipment shall
be examined by the person operating it
prior to taking it underground to ensure
the equipment is being maintained in a
safe operating condition. The
examination shall include:
(1) Checking the instrument for any
physical damage and the integrity of the
case;
(2) Removing the battery and
inspecting it for corrosion;
(3) Inspecting the contact points to
ensure a secure connection to the
battery;
(4) Reinstalling the battery, powering
the instrument up, and shutting it down
to ensure proper connections; and
(5) Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
The results of the examination shall
be recorded in the logbook.
(e) At least weekly, the equipment
shall be examined by a qualified person
as defined in 30 CFR 75.153. The
examination results shall be recorded
weekly in the equipment’s logbook.
Examination entries in the logbook may
be expunged after one year.
(f) The battery-powered nonpermissible surveying equipment shall
be serviced in accordance with the
manufacturer’s recommendations. Dates
of service and a description of the
service shall be recorded in the logbook.
(g) The battery-powered nonpermissible surveying equipment shall
not be put in service at the mine until
MSHA has inspected the equipment and
determined that it is in compliance with
all the requirements in this petition.
(h) All areas to be surveyed shall 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
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been examined according to 30 CFR
75.361, an additional examination is not
required.
(i) Prior to energizing any of the nonpermissible surveying equipment in or
inby the last open crosscut, methane
tests shall be conducted in accordance
with 30 CFR 75.323(a).
(j) A qualified person as defined in 30
CFR 75.151 shall continuously monitor
for methane immediately before and
during the use of non-permissible
surveying equipment in or inby 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. The second person
shall 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 by
30 CFR 75.151. Upon completion of the
6-month training period the second
person on the surveying crew shall
become qualified in order to continue
on the surveying crew. If the surveying
crew consists of one person, rather than
two, the individual shall monitor for
methane with two separate devices.
(k) 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.
(l) The battery-powered nonpermissible surveying equipment shall
not be used if methane concentrations at
or above 1.0 percent are detected. When
methane concentrations at or above 1.0
percent are detected while the
equipment is being used, the equipment
shall be de-energized immediately and
withdrawn outby the last open crosscut.
Prior to being taken into or inby the last
open crosscut all the requirements of 30
CFR 75.323 for excess methane shall be
complied with.
(m) Personnel engaged in the use of
surveying equipment shall be properly
trained to recognize the hazards and
limitations associated with the use of
surveying equipment in areas where
methane could be present.
(n) When using battery-powered nonpermissible electronic surveying
equipment in or inby the last open
crosscut, the surveyor shall confirm
with the person in charge of the section
that the air quantity in the section, on
that shift, in the last open crosscut, is at
least the minimum quantity that is
required by the mine’s ventilation plan.
(o) A safety check shall be performed
by the surveyor(s), prior to setting up
and energizing non-permissible
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electronic equipment in or inby the last
open crosscut of any coal mine. 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 equipment
may not be energized until sufficient
rock dust has been applied and/or the
accumulations of float coal dust has
been cleaned up.
(p) Batteries contained in the
surveying equipment shall be ‘‘changed
out’’ in the intake air outby the last open
crosscut. Replacement batteries for the
electronic surveying equipment shall be
carried only in the compartment
provided for a spare battery in the
electronic equipment carrying case.
Before each shift of surveying, all
batteries for the electronic surveying
equipment shall be charged sufficiently
such that they are not expected to be
replaced on that shift. Lithium ion
batteries shall not be charged
underground. Lithium ion batteries
shall only be charged on the surface area
of the underground mine.
(q) All members of the surveying crew
using battery-powered non-permissible
surveying equipment shall receive
specific training on the terms and
conditions of this plan prior to using the
equipment in or inby the last open
crosscut. A record of the training shall
be kept with other training records.
(r) Within 60 days after the Proposed
Decision and Order (PDO) is granted by
MSHA, the operator shall submit
proposed revisions for its approved 30
CFR part 48 training plan to the Coal
Mine Safety and Health District
Manager. The proposed revisions shall
specify initial and refresher training
regarding the terms and conditions
stated in this petition. The training shall
be documented on a MSHA Certificate
of Training (Form 5000–23). Comments
shall be included on the Certificate of
Training indicating that surveying
training was completed.
(s) Battery-powered non-permissible
theodolites (Sokkia DT 950 LG/PS) shall
not be taken or used inby the last
crosscut of the coal mine after they are
five (5) years old. Battery-powered total
stations (Stonex R1 Plus) shall not be
taken or used inby the last crosscut of
the coal mine after they are ten (10)
years old. The operator shall maintain a
cycle of purchasing new electronic
surveying equipment whereby
theodolites shall be no older than five
years from the date of manufacture and
total stations and other electronic
surveying equipment shall be no older
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than 10 years from the date of
manufacture.
(t) Any surveying contractors hired by
the operator that are using electronic
equipment shall do so in accordance
with the requirements of section (s). The
conditions of use in this petition 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) Battery-powered non-permissible
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 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 plans.
(4) If, while surveying, a surveyor
must disrupt ventilation, the surveyor
shall cease surveying and communicate
to the section foreman that the
ventilation must be disrupted.
Production must stop while ventilation
is disrupted. Ventilation control shall be
reestablished immediately after the
disruption is no longer necessary.
Production can only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans, and other
applicable laws, standards, or
regulations.
(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 foreman,
section crew members and other
personnel who shall be involved with or
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affected by surveying operations shall
receive training in accordance with 30
CFR 48.7 on the requirements of this
plan within 60 days of the PDO granted
by MSHA. Such training shall be
completed before any non-permissible
surveying equipment can be used while
production is occurring. The operator
shall keep a record of such training and
provide such record 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 this plan
in accordance with 30 CFR 48.6. The
operator shall keep a record of such
training and provide such record to
MSHA, upon request.
In support of the proposed surveying
equipment, the petitioner submitted
specifications for the Sokkia Digital
Theodolite DT 950 LG/PS and the
Stonex R1 Plus.
The petitioner asserts that the
alternative method proposed in the
petition will at all times guarantee no
less than the same measure of protection
afforded by 30 CFR 75.500(d).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–15883 Filed 7–18–24; 8:45 am]
BILLING CODE 4520–43–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2024–047]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
National Archives and Records
Administration (NARA).
ACTION: Notice.
AGENCY:
We have submitted a request
to the Office of Management and Budget
(OMB) for approval to continue to
collect information from people who
participate in the National Historical
Publications and Records Commission
(NHPRC) grant programs. Organizations
requesting a grant from the NHPRC must
submit certain information the NHPRC
staff, reviewers, and the Commission
use to determine if the applicant and
proposed project are eligible for an
NHPRC grant; if the request is
recommended for approval, the
prospective grantee provides additional
information acknowledging the offer of
the grant and regulatory requirements;
and, grantees must respond to an
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accounting questionnaire designed to
identify potential recipients with
limited experience managing Federal
funds and provide appropriate training
or additional safeguards for Federal
funds. We invite you to comment on the
proposed information collections.
DATES: OMB must receive written
comments on or before August 19, 2024.
ADDRESSES: Send any comments and
recommendations on the proposed
information collection in writing to
www.reginfo.gov/public/do/PRAMain.
You can find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
FOR FURTHER INFORMATION CONTACT:
Tamee Fechhelm, Paperwork Reduction
Act Officer, by email at
tamee.fechhelm@nara.gob or by
telephone at 301.837.1694 with any
requests for additional information.
SUPPLEMENTARY INFORMATION: Pursuant
to the Paperwork Reduction Act of 1995
(Public Law 104–13), we invite the
public and other Federal agencies to
comment on proposed information
collections. We published a notice of
proposed collection for these
information collections on May 13, 2024
(89 FR 41476) and we received no
comments. We are therefore submitting
the described information collections to
OMB for approval.
If you have comments or suggestions,
they should address one or more of the
following points: (a) whether the
proposed information collections are
necessary for NARA to properly perform
its functions; (b) our estimate of the
burden of the proposed information
collections and its accuracy; (c) ways we
could enhance the quality, utility, and
clarity of the information we collect; (d)
ways we could minimize the burden on
respondents of collecting the
information, including through
information technology; and (e) whether
these collections affect small businesses.
In this notice, we solicit comments
concerning the following information
collections:
1. Title: National Historical
Publications and Records Commission
(NHPRC) Grant Program Budget Form
and Instructions and NHPRC Grant
Offer Acknowledgement.
OMB Number: 3095–0013.
Agency form number: NA Form 17001
and 17001a.
Type of review: Regular.
Affected public: Nonprofit
organizations and institutions, state and
local government agencies, and
Federally-acknowledged or staterecognized Native American tribes or
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groups, who apply for and receive
NHPRC grants for support of historical
documentary editions, archival
preservation and planning projects, and
other records projects.
Estimated number of respondents:
244 per year submit applications;
approximately 25 grantees need to
submit revised budgets.
Estimated time per response: 10 hours
per application; five hours per revised
budget.
Frequency of response: On occasion
for the application; as needed for
revised budget. Currently, the NHPRC
considers grant applications two times
per year. Respondents usually submit
no more than one application per year,
and, for those who need to submit
revised budgets, only one revised
budget per year.
Estimated total annual burden hours:
1,765 hours.
Abstract: The NHPRC posts grant
announcements to their website and to
grants.gov (www.grants.gov), where the
information will be specific to the grant
opportunity named. The basic
information collection remains the
same. The NA Form 17001 is used by
the NHPRC staff, reviewers, and the
Commission to determine if the
applicant and proposed project are
eligible for an NHPRC grant, and
whether the proposed project is
methodologically sound and suitable for
support. The NA Form 17001a, NHPRC
Grant Offer Acknowledgement, is used
after the Archivist of the United States,
as chair of the Commission,
recommends a grant for approval. The
prospective grantee must acknowledge
the offer of the grant and agree to meet
the requirements of applicable Federal
regulations. In addition, they must
verify the existence of an indirect cost
agreement with a cognizant Federal
agency if they are claiming indirect
costs in the project’s budget.
2. Title: Accounting System and
Financial Capability Questionnaire.
OMB number: 3095–0072.
Agency form numbers: NA Form
17003.
Type of review: Regular.
Affected public: Not-for-profit
institutions and state, local, or tribal
government.
Estimated number of respondents: 75.
Estimated time per response: 4 hours.
Frequency of response: On occasion.
Estimated total annual burden hours:
300.
Abstract: Pursuant to title 2, section
215 of the Code of Federal Regulations,
Grants and Agreements with Institutions
of Higher Education, Hospitals, and
Other Non-Profit Organizations
(formerly OMB Circular A–110), and
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]]>Agencies
[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58769-58772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15883]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition 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 a petition for modification
submitted to
[[Page 58770]]
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 August 19, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0009 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0009.
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, Suite 4E401,
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 in Suite 4E401. 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, Director, 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 (Mine Act) 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 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-2024-005-C.
Petitioner: Banner Blue Coal Company, 1073 Riverview Street,
Grundy, VA 24614.
Mines: Paw Paw 2 South, MSHA ID No. 44-07401, located in Buchanan
County, Virginia; Paw Paw 2, MSHA ID No. 15-19842, located in Pike
County, Kentucky; and Shop Branch, MSHA ID No. 15-19866, located in
Pike County, Kentucky.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.500(d), to allow non-permissible battery-
powered surveying equipment to be taken into or used inby the last
crosscut of the coal mine.
The petitioner states that:
(a) Both 30 CFR 75.372 and 30 CFR 75.1200 necessitate the use of
the most practicable and accurate survey equipment in the preparation
of mine maps.
(b) There are currently no manufacturers of non-electric
permissible surveying equipment that can provide the accuracy needed
for mine mapping.
(c) Only older, used non-electric permissible surveying equipment
is available in limited supply.
(d) Older non-electric permissible surveying equipment is difficult
to service and calibrate as parts are no longer available.
(e) Accurate surveying and mapping is critical to the health and
safety of miners. It ensures the mine is developed as planned around
gas wells and under streams or other geologic anomalies. It also
provides a record of the area mined in the event of an emergency. The
use of older non-electric permissible surveying equipment results in a
diminution of safety to miners.
(f) Modern battery-powered non-permissible surveying equipment is
much more accurate than older style mechanical instruments.
(g) Several manufacturers and models of modern battery-powered non-
permissible surveying equipment are ingress protected for dust and
water with IP66 ratings. Intuitively, this sealing offers safety from
methane and coal dust.
(h) No manufacturers of modern battery-powered surveying equipment
have pursued MSHA approval as permissible for use in or inby the last
open crosscut due to the limited demand and use of such a surveying
instrument.
The petitioner proposes the following alternative method:
(a) Surveying equipment shall consist of battery-powered non-
permissible total stations and theodolites with an ingress protection
rating for dust and water resistance at a minimum of IP 66.
(b) The surveying instruments proposed in the petition are the
Sokkia Digital Theodolite DT 950 LG/PS and/or the Stonex R1 Plus.
(c) A logbook shall be maintained for the battery-powered non-
permissible surveying equipment documenting the manufacturer, model
number, and date of manufacture or purchase. The logbook shall be
maintained at the mine office with other logbooks. The logbooks shall
be made available to MSHA for inspection, upon request.
(d) The battery-powered non-permissible surveying equipment shall
be examined by the person operating it prior to taking it underground
to ensure the equipment is being maintained in a safe operating
condition. The examination shall include:
(1) Checking the instrument for any physical damage and the
integrity of the case;
(2) Removing the battery and inspecting it for corrosion;
(3) Inspecting the contact points to ensure a secure connection to
the battery;
(4) Reinstalling the battery, powering the instrument up, and
shutting it down to ensure proper connections; and
(5) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
The results of the examination shall be recorded in the logbook.
(e) At least weekly, the equipment shall be examined by a qualified
person as defined in 30 CFR 75.153. The examination results shall be
recorded weekly in the equipment's logbook. Examination entries in the
logbook may be expunged after one year.
(f) The battery-powered non-permissible surveying equipment shall
be serviced in accordance with the manufacturer's recommendations.
Dates of service and a description of the service shall be recorded in
the logbook.
(g) The battery-powered non-permissible surveying equipment shall
not be put in service at the mine until MSHA has inspected the
equipment and determined that it is in compliance with all the
requirements in this petition.
(h) All areas to be surveyed shall 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
[[Page 58771]]
been examined according to 30 CFR 75.361, an additional examination is
not required.
(i) Prior to energizing any of the non-permissible surveying
equipment in or inby the last open crosscut, methane tests shall be
conducted in accordance with 30 CFR 75.323(a).
(j) A qualified person as defined in 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of non-permissible surveying equipment in or inby 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. The
second person shall 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
by 30 CFR 75.151. Upon completion of the 6-month training period the
second person on the surveying crew shall become qualified in order to
continue on the surveying crew. If the surveying crew consists of one
person, rather than two, the individual shall monitor for methane with
two separate devices.
(k) 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.
(l) The battery-powered non-permissible surveying equipment shall
not be used if methane concentrations at or above 1.0 percent are
detected. When methane concentrations at or above 1.0 percent are
detected while the equipment is being used, the equipment shall be de-
energized immediately and withdrawn outby the last open crosscut. Prior
to being taken into or inby the last open crosscut all the requirements
of 30 CFR 75.323 for excess methane shall be complied with.
(m) Personnel engaged in the use of surveying equipment shall be
properly trained to recognize the hazards and limitations associated
with the use of surveying equipment in areas where methane could be
present.
(n) When using battery-powered non-permissible electronic surveying
equipment in or inby the last open crosscut, the surveyor shall confirm
with the person in charge of the section that the air quantity in the
section, on that shift, in the last open crosscut, is at least the
minimum quantity that is required by the mine's ventilation plan.
(o) A safety check shall be performed by the surveyor(s), prior to
setting up and energizing non-permissible electronic equipment in or
inby the last open crosscut of any coal mine. 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
equipment may not be energized until sufficient rock dust has been
applied and/or the accumulations of float coal dust has been cleaned
up.
(p) Batteries contained in the surveying equipment shall be
``changed out'' in the intake air outby the last open crosscut.
Replacement batteries for the electronic surveying equipment shall be
carried only in the compartment provided for a spare battery in the
electronic equipment carrying case. Before each shift of surveying, all
batteries for the electronic surveying equipment shall be charged
sufficiently such that they are not expected to be replaced on that
shift. Lithium ion batteries shall not be charged underground. Lithium
ion batteries shall only be charged on the surface area of the
underground mine.
(q) All members of the surveying crew using battery-powered non-
permissible surveying equipment shall receive specific training on the
terms and conditions of this plan prior to using the equipment in or
inby the last open crosscut. A record of the training shall be kept
with other training records.
(r) Within 60 days after the Proposed Decision and Order (PDO) is
granted by MSHA, the operator shall submit proposed revisions for its
approved 30 CFR part 48 training plan to the Coal Mine Safety and
Health District Manager. The proposed revisions shall specify initial
and refresher training regarding the terms and conditions stated in
this petition. The training shall be documented on a MSHA Certificate
of Training (Form 5000-23). Comments shall be included on the
Certificate of Training indicating that surveying training was
completed.
(s) Battery-powered non-permissible theodolites (Sokkia DT 950 LG/
PS) shall not be taken or used inby the last crosscut of the coal mine
after they are five (5) years old. Battery-powered total stations
(Stonex R1 Plus) shall not be taken or used inby the last crosscut of
the coal mine after they are ten (10) years old. The operator shall
maintain a cycle of purchasing new electronic surveying equipment
whereby theodolites shall be no older than five 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) Any surveying contractors hired by the operator that are using
electronic equipment shall do so in accordance with the requirements of
section (s). The conditions of use in this petition 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) Battery-powered non-permissible 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 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 plans.
(4) If, while surveying, a surveyor must disrupt ventilation, the
surveyor shall cease surveying and communicate to the section foreman
that the ventilation must be disrupted. Production must stop while
ventilation is disrupted. Ventilation control shall be reestablished
immediately after the disruption is no longer necessary. Production can
only resume after all ventilation controls are reestablished and are in
compliance with approved ventilation or other plans, and other
applicable laws, standards, or regulations.
(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 foreman, section crew members and other
personnel who shall be involved with or
[[Page 58772]]
affected by surveying operations shall receive training in accordance
with 30 CFR 48.7 on the requirements of this plan within 60 days of the
PDO granted by MSHA. Such training shall be completed before any non-
permissible surveying equipment can be used while production is
occurring. The operator shall keep a record of such training and
provide such record 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 this plan in accordance with 30 CFR 48.6. The operator
shall keep a record of such training and provide such record to MSHA,
upon request.
In support of the proposed surveying equipment, the petitioner
submitted specifications for the Sokkia Digital Theodolite DT 950 LG/PS
and the Stonex R1 Plus.
The petitioner asserts that the alternative method proposed in the
petition will at all times guarantee no less than the same measure of
protection afforded by 30 CFR 75.500(d).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-15883 Filed 7-18-24; 8:45 am]
BILLING CODE 4520-43-P
