Petition for Modification of Application of Existing Mandatory Safety Standard, 68653-68656 [2024-19168]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
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 taken into or used inby the
last 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 the
PDO granted by MSHA. The conditions
of use specified in the PDO shall apply
to all non-permissible electronic
surveying equipment taken into or used
inby the last 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,
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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 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
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68653
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.
(v) The operator shall post this
petition in unobstructed locations on
the bulletin boards and/or in other
conspicuous places where notices to
miners are ordinarily posted, at all the
mines for which this Petition applies,
for a period of not less than 60
consecutive days.
(w) The miners at Fossil Rock Mine
are not represented by a labor
organization and this petition is posted
at the mine.
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. 2024–19165 Filed 8–26–24; 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 September 26, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0024 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0024.
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
SUMMARY:
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Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
(b) Mechanical surveying equipment
has been obsolete for a number of years.
Such equipment of acceptable quality is
not commercially available. It is
difficult, if not impossible, to have such
equipment serviced or repaired.
Electronic surveying equipment is, at a
minimum, 8–10 times more accurate
than mechanical equipment. Fossil Rock
mines utilize the continuous miner and
longwall methods of mining. Accurate
surveying is critical to the safety of the
miners at the Fossil Rock Mine.
(c) 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
I. Background
used include:
Section 101(c) of the Federal Mine
(1) Sokkia IM–52–2, IP 66, LI–ON
Safety and Health Act of 1977 (Mine
7.2V, 2993mAh and 21.54 Wh
Act) allows the mine operator or
(2) An equivalent instrument may be
representative of miners to file a
used with the approval of the District
petition to modify the application of any Manager
mandatory safety standard to a coal or
(b) The equipment used is low voltage
other mine if the Secretary of Labor
or battery-powered non-permissible
determines that:
total stations and theodolites. All non1. An alternative method of achieving permissible electronic total stations and
the result of such standard exists which theodolites shall have an ingress
will at all times guarantee no less than
protection (IP) 66 or greater rating.
the same measure of protection afforded
(c) The operator shall maintain a
the miners of such mine by such
logbook for electronic surveying
standard; or
equipment with the equipment, or in
2. The application of such standard to the location where mine record books
such mine will result in a diminution of are kept or in the location where the
safety to the miners in such mine.
surveying record books are kept. The
In addition, sections 44.10 and 44.11
logbook shall contain the date of
of 30 CFR establish the requirements for manufacture and/or purchase of each
filing petitions for modification.
piece of electronic surveying
equipment. The logbook shall be made
II. Petition for Modification
available to MSHA upon request.
Docket Number: M–2024–010–C.
(d) All non-permissible electronic
Petitioner: Fossil Rock Resources,
surveying equipment to be used in
LLC, 5125 North Cottonwood Road,
return air outby the last open crosscut
Orangeville, Utah 84537.
Mine: Fossil Rock Mine, MSHA ID No. shall be examined by the person to
operate the equipment prior to taking
42–01211, located in Emery County,
the equipment underground to ensure
Utah.
the equipment is being maintained in
Regulation Affected: 30 CFR 75.507–
safe operating condition. These
1(a) (Permissible electric equipment).
examinations shall include:
Modification Request: The petitioner
(1) Checking the instrument for any
requests a modification of 30 CFR
physical
damage and the integrity of the
75.507–1(a) to permit the use of noncase;
permissible battery powered electronic
(2) Removing the battery and
surveying equipment used in return air
inspecting for corrosion;
outby the last open crosscut.
(3) Inspecting the contact points to
The petitioner states that:
ensure a secure connection to the
(a) In order to comply with
battery;
requirements of 30 CFR 75.372 and 30
(4) Reinserting the battery and
CFR 75.1200, use of the most practical
powering up and shutting down to
and accurate surveying equipment is
ensure proper connections; and
necessary.
ddrumheller on DSK120RN23PROD with NOTICES1
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.
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(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 outby the
last open crosscut or out of the return.
All requirements of 30 CFR 75.323 shall
be complied with prior to entering
return air outby the last open crosscut.
(i) Before setting up and energizing
nonpermissible electronic surveying
equipment used 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
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Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
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 used 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 used 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 or out of the return.
Replacement batteries for the nonpermissible 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 the last open crosscut is at least the
minimum quantity required by the
mine’s ventilation plan.
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(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 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.
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68655
(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 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.
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Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / Notices
(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.
(v) The operator shall post this
petition in unobstructed locations on
the bulletin boards and/or in other
conspicuous places where notices to
miners are ordinarily posted, at all the
mines for which this Petition applies,
for a period of not less than 60
consecutive days.
(w) The miners at Fossil Rock Mine
are not represented by a labor
organization and this petition is posted
at the mine.
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. 2024–19168 Filed 8–26–24; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0040]
SGS North America, Inc.: Grant of
Expansion of Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the final decision to expand
the scope of recognition for SGS North
America, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of
recognition becomes effective on August
27, 2024.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor; telephone (202) 693–1999 or
email meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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Jkt 262001
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor; telephone (202) 693–1911 or
email robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the
expansion of the scope of recognition of
SGS North America, Inc., (SGS) as a
NRTL. SGS’s expansion covers the
addition of two test standards to the
NRTL scope of recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified in 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within the scope of recognition.
Each NRTL’s scope of recognition
includes (1) the type of products the
NRTL may test, with each type specified
by the applicable test standard; and (2)
the recognized site(s) that has/have the
technical capability to perform the
product-testing and productcertification activities for test standards
within the NRTL’s scope. Recognition is
not a delegation or grant of government
authority; however, recognition enables
employers to use products approved by
the NRTL to meet OSHA standards that
require product testing and certification.
The agency processes applications by
NRTLs or applicant organizations for
initial recognition, as well as for
expansion or renewal of recognition,
following requirements in Appendix A
to 29 CFR 1910.7. This appendix
requires that the agency publish two
notices in the Federal Register in
processing an application. In the first
notice, OSHA announces the
application and provides a preliminary
finding. In the second notice, the agency
provides the final decision on the
application. These notices set forth the
NRTL’s scope of recognition or
modifications of that scope. OSHA
maintains an informational web page for
each NRTL, including SGS, which
details that NRTL’s scope of recognition.
These pages are available from the
OSHA website at https://www.osha.gov/
dts/otpca/nrtl/.
SGS submitted an application, dated
October 4, 2021 (OSHA–2006–0040–
0080) to expand the NRTL scope of
recognition to include two additional
test standards. OSHA staff performed a
detailed analysis of the application
packet and other pertinent information.
OSHA did not perform any on-site
reviews in relation to this application.
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OSHA published the preliminary
notice announcing SGS’s expansion
application in the Federal Register on
July 17, 2024 (89 FR 58190). The agency
requested comments by August 1, 2024,
but it received no comments in response
to this notice.
To obtain or review copies of all
public documents pertaining to the SGS
application, go to https://
www.regulations.gov or contact the
Docket Office, Occupational Safety and
Health Administration, U.S. Department
of Labor. Docket No. OSHA–2006–0040
contains all materials in the record
concerning SGS’s recognition. Contact
the OSHA Docket Office at (202) 693–
2350 (TTY (877) 889–5627) for
assistance in locating docket
submissions.
II. Final Decision and Order
OSHA staff examined SGS’s
expansion application, its capability to
meet the requirements of the test
standard, and other pertinent
information. Based on its review of this
evidence, OSHA finds that SGS meets
the requirements of 29 CFR 1910.7 for
expansion of its recognition, subject to
the limitations and conditions listed in
this notice. OSHA, therefore, is
proceeding with this final notice to
grant SGS’s expanded scope of
recognition. OSHA limits the expansion
of SGS’s recognition to testing and
certification of products for
demonstration of conformance to the
test standards listed below in Table 1.
TABLE 1—TEST STANDARDS FOR INCLUSION IN SGS’S NRTL SCOPE OF
RECOGNITION
Test
standard
UL 1564
UL 2580
Test standard title
Industrial Battery Chargers.
Batteries for Use in Electric Vehicles.
The American National Standards
Institute (ANSI) may approve the test
standard listed above as an American
National Standard. However, for
convenience, we may use the
designation of the standards-developing
organization for the standard as opposed
to the ANSI designation. Under the
NRTL Program’s policy (see OSHA
Instruction CPL 01–00–004, Chapter 2,
Section VIII), any NRTL recognized for
a particular test standard may use either
the proprietary version of the test
standard or the ANSI version of that
standard. Contact ANSI to determine
whether a test standard is currently
ANSI-approved.
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]]>Agencies
[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68653-68656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19168]
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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.
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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 September 26,
2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0024 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0024.
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
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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-2024-010-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) (Permissible electric
equipment).
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 used 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) Mechanical surveying equipment has been obsolete for a number
of years. Such equipment of acceptable quality is not commercially
available. It is difficult, if not impossible, to have such equipment
serviced or repaired. Electronic surveying equipment is, at a minimum,
8-10 times more accurate than mechanical equipment. Fossil Rock mines
utilize the continuous miner and longwall methods of mining. Accurate
surveying is critical to the safety of the miners at the Fossil Rock
Mine.
(c) 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) Sokkia IM-52-2, IP 66, LI-ON 7.2V, 2993mAh and 21.54 Wh
(2) An equivalent instrument may be used with the approval of the
District Manager
(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;
(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 outby the last open
crosscut or out of the return. All requirements of 30 CFR 75.323 shall
be complied with prior to entering return air outby the last open
crosscut.
(i) Before setting up and energizing nonpermissible electronic
surveying equipment used 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
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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 used 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 used 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 or out of the return. 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 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 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 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 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.
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(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.
(v) The operator shall post this petition in unobstructed locations
on the bulletin boards and/or in other conspicuous places where notices
to miners are ordinarily posted, at all the mines for which this
Petition applies, for a period of not less than 60 consecutive days.
(w) The miners at Fossil Rock Mine are not represented by a labor
organization and this petition is posted at the mine.
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. 2024-19168 Filed 8-26-24; 8:45 am]
BILLING CODE 4520-43-P
