Notice2022-25878
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
November 28, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73044-73046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25878]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of a petition for modification
submitted to 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 December 28,
2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0065 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2022-0065.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#49392c3d203d2026272a2624242c273d3a092d2625672e263f"><span class="__cf_email__" data-cfemail="077762736e736e686964686a6a626973744763686b29606871">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk in Suite 4E401. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#306055445944595f5e43565f425d5f54595659535144595f5e70545f5c1e575f46"><span class="__cf_email__" data-cfemail="19497c6d706d7076776a7f766b74767d707f707a786d707677597d7675377e766f">[email protected]</span></a> (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-2022-029-C.
Petitioner: Ramaco Resources, LCC, PO Box 219, Verner, West
Virginia, 25650.
Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County,
Virginia.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.500(d) to permit the use of battery-powered nonpermissible
surveying equipment, including, but not limited to, portable battery
operated mine transits, total station surveying equipment, distance
meters, and data loggers in or inby the last open crosscut.
The petitioner states that:
(a) 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 several
years. Such equipment of acceptable quality is not commercially
available, and it is difficult, if not impossible, to have such
equipment serviced or repaired.
(c) Electronic surveying equipment is, at a minimum, eight to ten
times more accurate than mechanical equipment.
(d) The mine uses the continuous mining machine method of mining.
(e) Accurate surveying is critical to the safety of the miners.
(f) Underground mining by its nature, size and complexity of mine
plans requires that accurate and precise measurements be completed in a
prompt and efficient manner.
The petitioner proposes the following alternative method:
(a) Using the following total station and theodolite and similar
low voltage battery-operated total stations and theodolites with an
ingress protection (IP) rating of 66 or greater in or inby the last
open crosscut subject to the conditions of the Decision and Order:
(1) Sokkia--CX-105LN.
(b) The equipment allowed under the Decision and Order is low
voltage or batterypowered non-permissible total stations and
theodolites with an IP rating of 66 or greater.
(c) The operator shall maintain a logbook for electronic surveying
equipment with the equipment, in the location where mine record books
are kept, or in the location where the 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.
(d) All non-permissible electronic surveying equipment to be taken
into or inby 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 maintained in a 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 it 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. Examination entries in the
logbook may be expunged after 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 surveying equipment to be taken into 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 the Decision and Order.
(h) Non-permissible surveying equipment shall not be used if
methane is detected in concentrations at or above 1.0 percent methane.
When 1.0 percent or more of methane is detected while the non-
permissible surveying
[[Page 73045]]
equipment is being used, the equipment shall be de-energized
immediately and the non-permissible electronic equipment withdrawn
outby the last open crosscut. All requirements of 30 CFR 75.323 shall
be complied with prior to being taken into or inby the last open
crosscut.
(i) As an additional safety check, prior to setting up and
energizing nonpermissible electronic surveying equipment in or inby 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 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 electronic surveying equipment.
(j) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition as defined by
30 CFR 75.320. All methane detectors shall provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) Prior to energizing any of the non-permissible surveying
equipment in or inby 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 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 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, they shall monitor for methane with two separate devices.
(n) Batteries contained in the surveying equipment shall be changed
out or charged in intake air outby the last open crosscut. Replacement
batteries for the electronic surveying equipment shall be carried only
in the electronic equipment carrying case spare battery compartment.
Before each surveying shift, all batteries for the electronic surveying
equipment shall be charged sufficiently that they are not expected to
be replaced on that shift.
(o) 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, 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 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.
(q) All members of the surveying crew shall receive specific
training on the terms and conditions of the Decision and Order 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.
(r) Within 60 days after any granted Decision and Order 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 Decision and Order.
When training is conducted on the terms and conditions of the Decision
and Order, 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
electronic surveying instrument acquired prior to December 31, 2004,
within 1 year of the Decision and Order becoming final. Within 3 years
of the date the Decision and Order becomes final, the operator shall
replace or retire from service any theodolite acquired more than 5
years prior to the date the granted Decision and Order became final and
any total station or other electronic surveying equipment identified in
the Decision and Order acquired more than 10 years prior to the date
the Decision and Order 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 date of
manufacture and total stations and other electronic surveying equipment
shall be no older than 10 years from date of manufacture.
(t) The operator is responsible for ensuring that all surveying
contractors hired by the operator use electronic equipment in
accordance with the requirements of item (s). The conditions of use
specified in the Decision and Order shall apply to all non-permissible
electronic surveying equipment used in or inby the last open crosscut
regardless of whether the equipment is used by the operator or by an
independent contractor.
(u) Non-permissible surveying 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 a MMU if any ventilation controls will be
disrupted during such surveying. Disruption of ventilation controls
means any change to the mine's ventilation system that causes the
ventilation system not to function in accordance with the mine's
approved ventilation plan.
(4) If 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
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 Decision and Order. The logbook
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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 Decision and Order within 60 days of the date the
Decision and Order becomes final. Such training shall be completed
before any non-permissible surveying equipment can be used while
production is occurring. The operator shall keep a record of such
training and provide 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 Decision and Order in accordance with 30 CFR 48.6.
The operator shall keep a record of such training and provide it to
MSHA upon request
The petitioner asserts that the 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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-25878 Filed 11-25-22; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on November 28, 2022.
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.