Notice2021-27655
Petition for Modification of Application of Existing Mandatory Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 22, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of seven petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.
Full Text
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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72630-72638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27655]
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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 seven petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
[[Page 72631]]
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or January 21, 2022.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Email: <a href="/cdn-cgi/l/email-protection#453f3f08160d0468262a2828202b313605212a296b222a33"><span class="__cf_email__" data-cfemail="4f3535021c070e622c2022222a213b3c0f2b202361282039">[email protected]</span></a>. Include the docket number of the
petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: 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, Acting Director, Office of Standards, Regulations, and
Variances. MSHA will consider only comments postmarked by the U.S.
Postal Service or proof of delivery from another delivery service such
as UPS or Federal Express on or before the deadline for comments.
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, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice), <a href="/cdn-cgi/l/email-protection#5f11303a710c303138721e3a711e1f3b303371383029"><span class="__cf_email__" data-cfemail="1a54757f344975747d375b7f345b5a7e7576347d756c">[email protected]</span></a> (email), or 202-693-9441 (facsimile). [These are not toll-
free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
(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. Petitions for Modification
Docket Number: M-2021-035-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
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), as it relates to the use of low
voltage, battery-powered non-permissible testing and diagnostic
equipment in or inby the last open crosscut. Specifically, the
petitioner requests to use low voltage, battery-powered non-permissible
testing and diagnostic equipment, including, but not limited to laptop
computers; oscilloscopes; vibration analysis machines; cable fault
detectors; point temperature probes; infrared temperature devices;
insulation testers (meggers); voltage, current resistance, and power
testers; and electronic tachometers, as well as other testing and
diagnostic equipment if approved in advance by the MSHA District
Manager.
The petitioner states that:
(a) The petitioner utilizes the continuous mining machine and
longwall method of mining.
(b) Accurate testing and diagnostic tools for troubleshooting
equipment problems in or inby the last open crosscut are critical to
the safety of the miners at the Shoal Creek Mine.
(c) Mining equipment sometimes breaks down in areas of a mine where
permissible equipment is required and the equipment cannot be moved
into intake air to perform diagnosis or repairs as it may not be
possible to move the equipment, or it is unsafe to move it.
(d) Permissible diagnostic and testing equipment is not available
for all types of testing and diagnostics. While certain types of
equipment, such as vibration analysis machines, point temperature and
infrared temperature devices, and voltage current and resistance meters
are currently on the list of MSHA-approved permissible products, the
petitioner includes such devices in the event approved devices may not
be readily available on the market.
The petitioner proposes the following alternative method:
(a) Non-permissible electronic testing and diagnostic equipment to
be used includes laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; insulation testers (meggers); voltage testers,
current resistance testers, and power testers; and electronic
tachometers. Other testing and diagnostic equipment may be used if
approved in advance by the MSHA District Manager.
(b) All non-permissible testing and diagnostic equipment used in or
inby the last open crosscut will be examined by a qualified person as
defined in 30 CFR 75.153 prior to use to ensure the equipment is being
maintained in a safe operating condition. The examination results will
be recorded in the weekly examination book and will be made available
to MSHA and the miners at the mine.
(c) A qualified person as defined in 30 CFR part 75.151 will
continuously monitor for methane immediately before and during the use
of non-permissible electronic testing and diagnostic equipment in or
inby the last open crosscut.
(d) Non-permissible electronic testing and diagnostic equipment
will not be used if methane is detected in concentrations at or above
1.0 percent. When 1.0 percent or more methane is detected while the
non-permissible electronic equipment is being used, the equipment will
be de-energized immediately and withdrawn outby the last open crosscut.
(e) All hand-held methane detectors will be MSHA-approved and will
be maintained in permissible and proper operating condition as defined
in 30 CFR 75.320.
(f) Coal production in the section will cease except for time
necessary to troubleshoot under actual mining conditions. However, coal
may remain in or on the equipment to test and diagnose the equipment
under ``load.''
(g) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(h) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-036-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
[[Page 72632]]
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.507-1(a), as it relates to the use of low
voltage, battery-powered nonpermissible testing and diagnostic
equipment in return air. Specifically, the petitioner requests to use
low voltage, battery-powered non-permissible testing and diagnostic
equipment, including, but not limited to laptop computers;
oscilloscopes; vibration analysis machines; cable fault detectors;
point temperature probes; infrared temperature devices; insulation
testers (meggers); voltage, current resistance, and power testers; and
electronic tachometers, as well as other testing and diagnostic
equipment if approved in advance by the MSHA District Manager.
The petitioner states that:
(a) The petitioner utilizes the continuous mining machine and
longwall method of mining.
(b) Accurate testing and diagnostic tools for troubleshooting
equipment problems in return air are critical to the safety of the
miners at the Shoal Creek Mine.
(c) On occasion mining equipment breaks down in areas of a mine
where permissible equipment is required and the equipment cannot be
moved into intake air to perform diagnosis or repairs as it may not be
possible to move the equipment, or it is unsafe to move it.
(d) Permissible diagnostic and testing equipment is not available
for all types of testing and diagnostics. While certain types of
equipment, such as vibration analysis machines, point temperature and
infrared temperature devices, and voltage current and resistance meters
are currently on the list of MSHA-approved permissible products, the
petitioner includes such devices in the event approved devices may not
be readily available on the market.
The petitioner proposes the following alternative method:
(a) Non-permissible electronic testing and diagnostic equipment to
be used includes laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; insulation testers (meggers); voltage testers,
current resistance testers, and power testers; and electronic
tachometers. Other testing and diagnostic equipment may be used if
approved in advance by the MSHA District Manager.
(b) All non-permissible testing and diagnostic equipment used in
return air outby the last open crosscut will be examined by a qualified
person as defined in 30 CFR 75.153 prior to use to ensure the equipment
is being maintained in a safe operating condition. The examination
results will be recorded in the weekly examination book and will be
made available to MSHA and the miners at the mine.
(c) A qualified person as defined in 30 CFR part 75.151 will
continuously monitor for methane immediately before and during the use
of non-permissible electronic testing and diagnostic equipment in
return air outby the last open crosscut.
(d) Non-permissible electronic testing and diagnostic equipment
will not be used if methane is detected in concentrations at or above
1.0 percent. When 1.0 percent or more methane is detected while the
non-permissible electronic equipment is being used, the equipment will
be de-energized immediately and the non-permissible equipment withdrawn
from the return air outby the last open crosscut.
(e) All hand-held methane detectors will be MSHA-approved and will
be maintained in permissible and proper operating condition as defined
in 30 CFR 75.320.
(f) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(g) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-037-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1002(a) as it relates to the use of low
voltage, battery-powered nonpermissible testing and diagnostic
equipment on the longwall face or within 150 feet of pillar workings.
Specifically, the petitioner requests to use low voltage, battery-
powered non-permissible testing and diagnostic equipment, including,
but not limited to laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; insulation testers (meggers); voltage, current
resistance, and power testers; and electronic tachometers, as well as
other testing and diagnostic equipment if approved in advance by the
MSHA District Manager.
The petitioner states that:
(a) The petitioner utilizes the continuous mining machine and
longwall method of mining.
(b) Accurate testing and diagnostic tools for troubleshooting
equipment problems on the longwall face or within 150 feet of pillar
workings are critical to the safety of the miners at the Shoal Creek
Mine.
(c) On occasion mining equipment breaks down in areas of a mine
where permissible equipment is required and the equipment cannot be
moved into intake air to perform diagnosis or repairs as it may not be
possible to move the equipment, or it is unsafe to move it. On a
longwall face, the mining equipment cannot be moved to another
location.
(d) Permissible diagnostic and testing equipment is not available
for all types of testing and diagnostics. While certain types of
equipment, such as vibration analysis machines, point temperature and
infrared temperature devices, and voltage current and resistance meters
are currently on the list of MSHA-approved permissible products, the
petitioner includes such devices in the event approved devices may not
be readily available on the market.
The petitioner proposes the following alternative method:
(a) Non-permissible electronic testing and diagnostic equipment to
be used includes laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; insulation testers (meggers); voltage testers,
current resistance testers, and power testers; and electronic
tachometers. Other testing and diagnostic equipment may be used if
approved in advance by the MSHA District Manager.
(b) All non-permissible testing and diagnostic equipment used on
the longwall face or within 150 feet of pillar workings will be
examined by a qualified person as defined in 30 CFR 75.153 prior to use
to ensure the equipment is being maintained in a safe operating
condition. The examination results will be recorded in the weekly
examination book and will be made
[[Page 72633]]
available to MSHA and the miners at the mine.
(c) A qualified person as defined in 30 CFR part 75.151 will
continuously monitor for methane immediately before and during the use
of non-permissible electronic testing and diagnostic equipment on the
longwall face or within 150 feet of pillar workings.
(d) Non-permissible electronic testing and diagnostic equipment
will not be used if methane is detected in concentrations at or above
1.0 percent. When 1.0 percent or more methane is detected while the
non-permissible electronic equipment is being used, the equipment will
be de-energized immediately and the non-permissible equipment withdrawn
from the longwall face or moved more than 150 feet from pillar
workings.
(e) All hand-held methane detectors will be MSHA-approved and will
be maintained in permissible and proper operating condition as defined
in 30 CFR 75.320.
(f) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(g) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-038-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
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) as it pertains to use of battery-
powered non-permissible surveying equipment in or inby the last open
crosscut. Specifically, the petitioner requests to use battery-powered
non-permissible equipment including, but not limited to, portable
battery operated mine transits, total station surveying equipment,
distance meters, and data loggers.
The petitioner states that:
(a) The petitioner utilizes the continuous mining machine and
longwall method of mining.
(b) Accurate surveying is critical to the safety of the miners at
the Shoal Creek Mine.
(c) To comply with the requirements of 30 CFR 75.372 and 30 CFR
75.1200, it is necessary to use the most practical and accurate
surveying equipment.
(d) Mechanical surveying equipment has been obsolete for a number
of years and such equipment of acceptable quality is not commercially
available. It is difficult, if not impossible, to service or repair
mechanical surveying equipment.
(e) Electronic surveying equipment is, at a minimum, eight to ten
times more accurate than mechanical equipment.
(f) Underground mining by its nature, size, and mine plan
complexity requires prompt and efficient completion of accurate and
precise measurements.
(g) Application of this standard would result in a diminution of
safety to miners.
The petitioner proposes the following alternative method:
(a) The operator may use the Leica TS06 total station and similar
low voltage battery-operated total stations and theodolites, distance
meters, and data loggers if they have an Ingress Protection (IP) rating
of 55 or greater in or inby the last open crosscut subject to the
conditions of this petition.
(b) The operator shall replace or retire from service any
electronic surveying instrument acquired prior to December 31, 2004,
within 1 year of this petition becoming final. Within 3 years of that
date, the operator shall replace or retire from service any theodolite
acquired more than 5 years prior to the date this petition became final
and any total station or other electronic surveying equipment acquired
more than 10 years prior to the date this petition became final. After
5 years, the operator will maintain a cycle of purchasing new
electronic surveying equipment whereby theodolites will be no older
than 3 years from date of manufacture, and total stations and other
electronic surveying equipment will be no older than 10 years from date
of manufacture. All non-permissible electronic total stations and
theodolites acquired under this retirement criteria shall have an IP
rating of 66 or greater.
(c) The operator is responsible for ensuring that all surveying
contractors hired by the operator use electronic equipment in
accordance with the requirements of this petition. The conditions of
use 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.
(d) The operator will maintain an electric surveying equipment
logbook with the equipment, where mine record books are kept, or where
surveying record books are kept. The logbook will 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.
(e) All non-permissible electronic surveying equipment to be used
in or inby the last open crosscut shall be examined by the person who
will operate the equipment prior to taking the equipment underground to
ensure the equipment is being maintained in a safe operating condition.
These examinations shall include:
1. Check the instrument for any physical damage and the integrity
of the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to the
battery;
4. Reinsert the battery and power up and shut down to ensure proper
connections; and
5. Check the battery compartment cover or battery attachment to
ensure it is securely fastened.
(f) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.153, and the examination results shall
be recorded weekly in the equipment's logbook. Examination entries in
the logbook will be maintained for at least 1 year.
(g) The operator shall ensure that all non-permissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and shall include a description of the work performed.
(h) Non-permissible surveying equipment used in or inby 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 this petition.
(i) Non-permissible 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
surveying equipment is being used, the equipment shall be de-energized
immediately and the non-permissible electronic equipment withdrawn
outby the last open crosscut. Prior to entering in or inby the last
open crosscut, all requirements of 30 CFR 75.323 shall be complied
with.
(j) As an additional safety check, prior to setting up and
energizing non-permissible electronic surveying equipment in or inby
the last open crosscut, the surveyor(s) shall conduct a visual
examination of the immediate
[[Page 72634]]
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 accumulated float coal dust is
observed, the equipment may not be energized until sufficient rock dust
has been applied and/or the accumulation of float coal dust has been
cleaned-up. If non-permissible electronic surveying equipment is to be
used in an area that is not rock dusted within 40 feet of a working
face where a continuous mining machine is used to extract coal, the
area shall have sufficient rock dust applied prior to energizing the
electronic surveying equipment.
(k) All hand-held methane detectors shall be MSHA-approved and will
be 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) Prior to energizing any non-permissible surveying equipment in
or inby the last open crosscut, methane tests shall be made in
accordance with 30 CFR 75.323(a).
(m) All areas to be surveyed shall be pre-shift examined according
to 30 CFR 75.360 prior to surveying. If the area was not pre-shift
examined, 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.
(n) 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. That
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 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 in order to
continue on the surveying crew. If the surveying crew consists of only
one person, the surveyor shall monitor for methane with two separate
devices.
(o) 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.
(p) Batteries contained in the surveying equipment shall be changed
out or charged in intake air outby the last open crosscut. Replacement
batteries for the 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
surveying equipment shall be charged sufficiently so that they are not
expected to be replaced on that shift.
(q) When using non-permissible electronic surveying equipment in or
inby 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, is at least the minimum
quantity that is required by the mine's ventilation plan.
(r) 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 plan.
4. If, while surveying, a surveyor must disrupt ventilation, 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 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 this petition. 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.
(s) All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
shall receive training on the terms and conditions of this petition
before using non-permissible electronic equipment in or inby the last
open crosscut. A record of the training shall be kept with the other
training records and provided to MSHA upon request.
(t) Within 60 days after this petition becomes final, the operator
shall submit proposed revisions for its approved 30 CFR part 48
training plans to the District Manager. These proposed revisions shall
specify initial and refresher training regarding the terms and
conditions stated in this petition. When training is conducted, an MSHA
Certificate of Training (Form 5000-23) shall be completed indicating
surveyor training.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-039-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 30 CFR 75.507-1(a) as it pertains to use of
battery-powered non-permissible surveying equipment in return air.
Specifically, the petitioner requests to use battery-powered non-
permissible equipment including, but not limited to portable battery
operated mine transits, total station surveying equipment, distance
meters, and data loggers.
The petitioner states that:
(a) The petitioner utilizes the continuous mining machine and
longwall method of mining.
(b) Accurate surveying is critical to the safety of the miners at
the Shoal Creek Mine.
(c) To comply with the requirements of 30 CFR 75.372 and 30 CFR
75.1200, it is necessary to use the most practical and accurate
surveying equipment.
[[Page 72635]]
(d) Mechanical surveying equipment has been obsolete for a number
of years and such equipment of acceptable quality is not commercially
available. It is difficult, if not impossible, to service or repair
mechanical surveying equipment.
(e) Electronic surveying equipment is, at a minimum, eight to ten
times more accurate than mechanical equipment.
(f) Application of this standard would result in a diminution of
safety to miners.
(g) Underground mining by its nature, size, and mine plan
complexity requires prompt and efficient completion of accurate and
precise measurements.
The petitioner proposes the following alternative method:
(a) The operator may use the Leica TS06 total station and similar
low voltage battery-operated total stations and theodolites, distance
meters, and data loggers if they have an Ingress Protection (IP) rating
of 55 or greater in return air subject to the conditions of this
petition.
(b) The operator shall replace or retire from service any
electronic surveying instrument acquired prior to December 31, 2004,
within 1 year of this petition becoming final. Within 3 years of that
date, the operator shall replace or retire from service any theodolite
acquired more than 5 years prior to the date this petition became final
and any total station or other electronic surveying equipment acquired
more than 10 years prior to the date this petition became final. After
5 years, the operator will maintain a cycle of purchasing new
electronic surveying equipment whereby theodolites will be no older
than 3 years from date of manufacture, and total stations and other
electronic surveying equipment will be no older than 10 years from date
of manufacture. All non-permissible electronic total stations and
theodolites acquired under this retirement criteria shall have an IP
rating of 66 or greater.
(c) The operator is responsible for ensuring that all surveying
contractors hired by the operator use electronic equipment in
accordance with the requirements of this petition. The conditions of
use apply to all non-permissible electronic surveying equipment used in
return air regardless of whether the equipment is used by the operator
or by an independent contractor.
(d) The operator will maintain an electric surveying equipment
logbook with the equipment, where mine record books are kept, or where
surveying record books are kept. The logbook will 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.
(e) All non-permissible electronic surveying equipment to be used
in return air shall be examined by the person who will operate the
equipment prior to taking the equipment underground to ensure the
equipment is being maintained in a safe operating condition. These
examinations shall include:
1. Check the instrument tor any physical damage and the integrity
of the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to the
battery;
4. Reinsert the battery and power up and shut down to ensure proper
connections; and
5. Check the battery compartment cover or battery attachment to
ensure it is securely fastened.
(f) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.153, and the examination results shall
be recorded weekly in the equipment's logbook. Examination entries in
the logbook may be expunged after 1 year.
(g) The operator is to ensure that all non-permissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and shall include a description of the work performed.
(h) Non-permissible surveying equipment that will be used in return
air 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 this petition.
(i) Non-permissible 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
surveying equipment is being used, the equipment shall be de-energized
immediately and the non-permissible electronic equipment withdrawn out
of return air. Prior to entering in return air, all requirements of 30
CFR 75.323 shall be complied with.
(j) As an additional safety check, prior to setting up and
energizing non-permissible electronic surveying equipment in return
air, the surveyor(s) shall conduct a visual examination of the
immediate area for evidence that the areas appear to be sufficiently
rock-dusted and for the presence of accumulated float coal dust. If the
rock-dusting appears insufficient or accumulated float coal dust is
observed, the equipment may not be energized until sufficient rock dust
has been applied and/or the accumulation of float coal dust has been
cleaned-up. If non-permissible electronic surveying equipment is to be
used in an area that is not rock dusted within 40 feet of a working
face where a continuous mining machine is used to extract coal, the
area shall have sufficient rock dust applied prior to energizing the
electronic surveying equipment.
(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) Prior to energizing any non-permissible surveying equipment in
return air, methane tests shall be made in accordance with 30 CFR
75.323(a).
(m) All areas to be surveyed shall be pre-shift examined according
to 30 CFR 75.360 prior to surveying. If the area was not pre-shift
examined, 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.
(n) 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. That
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 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 in order to
continue on the surveying crew. If the surveying crew consists of only
one person, the surveyor shall monitor for methane with two separate
devices.
(o) 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.
(p) Batteries contained in the surveying equipment shall be changed
out or charged out of return air. Replacement batteries for the
surveying equipment shall be carried only in the compartment provided
for a spare
[[Page 72636]]
battery in the electronic equipment carrying case. Before each shift of
surveying, all batteries for the surveying equipment shall be charged
sufficiently that they are not expected to be replaced on that shift.
(q) When using non-permissible electronic surveying equipment in
return air, 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, is at least the minimum quantity that is
required by the mine's ventilation plan.
(r) 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 plan.
4. If, while surveying, a surveyor must disrupt ventilation, 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 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 this petition. 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.
(s) All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
shall receive training on the terms and conditions of the petition
before using non-permissible electronic equipment in return air. A
record of the training shall be kept with the other training records
and provided to MSHA upon request.
(t) Within 60 days after this petition becomes final, the operator
shall submit proposed revisions for its approved 30 CFR part 48
training plans to the District Manager. These proposed revisions shall
specify initial and refresher training regarding the terms and
conditions stated in this petition. When training is conducted, an MSHA
Certificate of Training (Form 5000-23) shall be completed indicating
surveyor training.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-040-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1002(a) as it pertains to use of battery-
powered non-permissible surveying equipment on the longwall face or
within 150 feet of pillar workings. Specifically, the petitioner
requests to use battery-powered non-permissible equipment including,
but not limited to portable battery operated mine transits, total
station surveying equipment, distance meters, and data loggers.
The petitioner states that:
(a) The petitioner utilizes the continuous mining machine and
longwall method of mining.
(b) Accurate surveying is critical to the safety of the miners at
the Shoal Creek Mine.
(c) To comply with the requirements of 30 CFR 75.372 and 30 CFR
75.1200, it is necessary to use the most practical and accurate
surveying equipment. In order to ensure the safety of the miners in
active mines and to protect miners in future mines which may mine in
close proximity to these same active mines, it is necessary to
determine the exact location and extent of the mine workings.
(d) Mechanical surveying equipment has been obsolete for a number
of years and such equipment of acceptable quality is not commercially
available. It is difficult, if not impossible, to service or repair
mechanical surveying equipment.
(e) Electronic surveying equipment is, at a minimum, eight to ten
times more accurate than mechanical equipment.
(f) Application of this standard would result in a diminution of
safety to miners.
(g) Underground mining by its nature, size, and mine plan
complexity requires prompt and efficient completion of accurate and
precise measurements.
The petitioner proposes the following alternative method:
(a) The operator may use the Leica TS06 total station and similar
low voltage battery-operated total stations and theodolites, distance
meters, and data loggers if they have an Ingress Protection (IP) rating
of 55 or greater within 150 feet of pillar workings subject to the
conditions of this petition.
(b) The operator shall replace or retire from service any
electronic surveying instrument acquired prior to December 31, 2004,
within 1 year of this petition becoming final. Within 3 years of that
date, the operator shall replace or retire from service any theodolite
acquired more than 5 years prior to the date this petition became final
and any total station or other electronic surveying equipment acquired
more than 10 years prior to the date this petition became final. After
5 years, the operator will maintain a cycle of purchasing new
electronic surveying equipment whereby theodolites will be no older
than 3 years from date of manufacture, and total stations and other
electronic surveying equipment will be no older than 10 years from date
of manufacture. All non-permissible electronic total stations and
theodolites acquired under this retirement criteria shall have an IP
rating of 66 or greater.
(c) The operator is responsible for ensuring that all surveying
contractors hired by the operator use electronic equipment in
accordance with the requirements of this petition. The conditions of
use apply to all non-permissible electronic surveying equipment within
150 feet of pillar workings regardless of whether the equipment is used
by the operator or by an independent contractor.
(d) The operator will maintain an electric surveying equipment
logbook with the equipment, where mine record books are kept, or where
surveying record books are kept. The logbook will contain the date of
manufacture and/or purchase of each piece of electronic
[[Page 72637]]
surveying equipment. The logbook shall be made available to MSHA upon
request.
(e) All non-permissible electronic surveying equipment to be used
within 150 feet of pillar workings shall be examined by the person who
will operate the equipment prior to taking the equipment underground to
ensure the equipment is being maintained in a safe operating condition.
These examinations shall include:
1. Check the instrument for any physical damage and the integrity
of the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to the
battery;
4. Reinsert the battery and power up and shut down to ensure proper
connections; and
5. Check the battery compartment cover or battery attachment to
ensure it is securely fastened.
(f) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.153, and the examination results shall
be recorded weekly in the equipment's logbook. Examination entries in
the logbook may be expunged after 1 year.
(g) The operator is to ensure that all non-permissible electronic
surveying equipment is serviced according to the manufacturer's
recommendations. Dates of service will be recorded in the equipment's
logbook and shall include a description of the work performed.
(h) Non-permissible surveying equipment that will be used within
150 feet of pillar workings 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 this petition.
(i) Non-permissible 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
surveying equipment is being used, the equipment shall be de-energized
immediately and the non-permissible electronic equipment withdrawn more
than 150 feet from pillar workings. Prior to entering within 150 feet
of pillar workings, all requirements of 30 CFR 75.323 shall be complied
with.
(j) As an additional safety check, prior to setting up and
energizing non-permissible electronic surveying equipment within 150
feet of pillar workings, the surveyor(s) shall conduct a visual
examination of the immediate area for evidence that the areas appear to
be sufficiently rock-dusted and for the presence of accumulated float
coal dust. If the rock-dusting appears insufficient or accumulated
float coal dust is observed, the equipment may not be energized until
sufficient rock dust has been applied and/or the accumulation of float
coal dust has been cleaned-up. If non-permissible electronic surveying
equipment is to be used in an area that is not rock dusted within 40
feet of a working face where a continuous mining machine is used to
extract coal, the area shall have sufficient rock dust applied prior to
energizing the electronic surveying equipment.
(k) All hand-held methane detectors shall be MSHA-approved and will
be 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) Prior to energizing any non-permissible surveying equipment
within 150 feet of pillar workings, methane tests shall be made in
accordance with 30 CFR 75.323(a).
(m) All areas to be surveyed shall be pre-shift examined according
to 30 CFR 75.360 prior to surveying. If the area was not pre-shift
examined, 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.
(n) 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. That
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 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 in order to
continue on the surveying crew. If the surveying crew consists of only
one person, the surveyor shall monitor for methane with two separate
devices.
(o) 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.
(p) Batteries contained in the surveying equipment shall be changed
out or charged more than 150 feet from pillar workings. Replacement
batteries for the 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
surveying equipment shall be charged sufficiently that they are not
expected to be replaced on that shift.
(q) When using non-permissible electronic surveying equipment
within 150 feet of the pillar workings, 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, is at least the minimum
quantity that is required by the mine's ventilation plan.
(r) 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 plan.
4. If, while surveying, a surveyor must disrupt ventilation, 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 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 this petition. 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
[[Page 72638]]
to the section foreman, the date and time production ceased, the date
and time ventilation was reestablished, and the date and time
production resumed.
(s) All surveyors, section foremen, section crew members, and other
personnel who will be involved with or affected by surveying operations
shall receive training on the terms and conditions of this petition
before using non-permissible electronic equipment within 150 feet of
the pillar workings. A record of the training shall be kept with the
other training records and provided to MSHA upon request.
(t) Within 60 days after this petition becomes final, the operator
shall submit proposed revisions for its approved 30 CFR part 48
training plans to the District Manager. These proposed revisions shall
specify initial and refresher training regarding the terms and
conditions stated in this petition. When training is conducted, an MSHA
Certificate of Training (Form 5000-23) shall be completed indicating
surveyor training.
Docket Number: M-2021-041-C.
Petitioner: Bronco Utah Operations LLC, Hwy 10 South 550 West
Consol Road, P.O. Box 527, Emery, Utah 84522.
Mine: Emery Mine, MSHA ID No. 42-00079, located in Emery County,
Utah.
Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible diesel-
powered equipment; design and performance requirements.
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of the Getman Roadbuilder RGD-1504,
serial number 6946, (roadbuilder) a diesel-powered, six-wheeled road
grader. It has dual brake systems on the four rear wheels that are
designed to prevent loss of braking due to a single component failure;
however, it is not equipped with brakes on the front wheels.
The petitioner proposes an alternative method of compliance, in
lieu of the front wheel brakes, on the roadbuilder that will be used at
the Emery Mine.
(a) The roadbuilder will be modified to ensure that its maximum
speed shall be limited to 10 miles per hour (mph) by:
1. Permanently blocking out any gear ratio that allows speeds
faster than 10 mph in both forward and reverse; and
2. Using transmission(s) and differential(s) geared in accordance
with the equipment manufacturer's instructions that limit(s) the
maximum speed to 10 mph.
(b) The roadbuilder operators will be trained to recognize:
1. Appropriate levels of speed for different road conditions and
slopes;
2. When to lower the moldboard (grader blade) to provide additional
stopping capability in emergencies; and
3. The transmission gear-blocking device, or methods to block
gears, and their proper application and requirements.
The petitioner asserts that the alternative 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,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-27655 Filed 12-21-21; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on December 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.