Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices 7415 

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 becomes 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 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 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 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 

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 granted by MSHA. The logbook 

shall include a description of the nature 

of the disruption, the location of the 

disruption, the date and time of the 

disruption, the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(6) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations shall 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO granted by MSHA within 60 days 

of the date the PDO becomes final. Such 

training shall be completed before any 

non-permissible electronic surveying 

equipment can be used while 

production is occurring. The operator 

shall keep a record of such training and 

provide it to MSHA upon request. 

(7) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by surveying 

operations in accordance with 30 CFR 

48.8. The operator shall train new 

miners on the requirements of the PDO 

granted by MSHA in accordance with 30 

CFR 48.5 and shall train experienced 

miners, as defined in 30 CFR 48.6, on 

the requirements of the PDO in 

accordance with 30 CFR 48.6. The 

operator shall keep a record of such 

training and provide it to MSHA upon 

request. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–02071 Filed 2–1–24; 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 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before March 4, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2023– 

0055 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2023–0055. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, 4th Floor West, Arlington, 

Virginia 22202–5452. 

Attention: S. Aromie Noe, Director, 

Office of Standards, Regulations, and 

Variances. Persons delivering 

documents are required to check in at 

the receptionist’s desk, 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, 


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7416 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices 

and disposition of petitions for 

modification. 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary of Labor 

determines that: 

1. An alternative method of achieving 

the result of such standard exists which 

will at all times guarantee no less than 

the same measure of protection afforded 

the miners of such mine by such 

standard; or 

2. The application of such standard to 

such mine will result in a diminution of 

safety to the miners in such mine. 

In addition, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petition for Modification 

Docket Number: M–2023–026–C. 

Petitioner: Panther Creek Mining, 

LLC, 903 Dawes Hollow, Dawes, West 

Virginia 25054. 

Mine: Winchester 2 Mine, MSHA ID 

No. 46–09615, located in Kanawha 

County, West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.507–1(a) to permit the use of nonpermissible battery-powered electronic 

surveying equipment in return air outby 

the last open crosscut. 

The petitioner states that: 

(a) The mine utilizes the continuous 

miner method of mining. 

(b) 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. 

(c) Mechanical surveying equipment 

has been obsolete for several years. Such 

equipment of acceptable quality is not 

commercially available. It is difficult to 

have such equipment serviced or 

repaired. 

(d) Battery-powered electronic 

surveying equipment is, at a minimum, 

8–10 times more accurate than 

mechanical equipment. 

(e) Accurate surveying is critical to 

the safety of the miners at the 

Winchester 2 Mine. 

(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. 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 includes: 

(1) Topcom GM 52 Total Station. 

(b) The equipment used is low voltage 

or battery-powered non-permissible 

total stations and theodolites. All nonpermissible electronic total stations and 

theodolites shall have an 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 batter 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. Date 

of service shall be recorded in the 

equipment’s logbook and shall include 

a description of the work performed. 

(g) The non-permissible electronic 

surveying equipment to be used in 

return air outby the last open crosscut 

shall not be put into service until MSHA 

has initially inspected the equipment 

and determined that it is in compliance 

with all the terms and conditions of the 

Proposed Decision and Order (PDO) 

granted by MSHA. 

(h) Non-permissible electronic 

surveying equipment shall not be used 

if methane is detected in concentrations 

at or above 1.0 percent. When 1.0 

percent or more of methane is detected 

while the non-permissible electronic 

surveying equipment is being used, the 

equipment shall be de-energized 

immediately and withdrawn out of the 

return air outby the last open crosscut. 

All requirements of 30 CFR 75.323 shall 

be complied with prior to entering in 

return air outby the last open crosscut. 

(i) Before setting up and energizing 

nonpermissible electronic surveying 

equipment in return air outby the last 

open crosscut, the surveyor(s) shall 

conduct a visual examination of the 

immediate area for evidence that the 

area appears to be sufficiently rockdusted and for the presence of 

accumulated float coal dust. If the rockdusting appears insufficient or the 

presence of accumulated float coal dust 

is observed, the nonpermissible 

electronic surveying equipment shall 

not be energized until sufficient rock 

dust has been applied and/or the 

accumulations of float coal dust have 

been removed. If nonpermissible 

electronic surveying equipment is to be 

used in an area that has not been rockdusted within 40 feet of a working face 

where a continuous mining machine is 

used to extract coal, the area shall be 

rock-dusted prior to energizing the nonpermissible electronic surveying 

equipment. 

(j) All hand-held methane detectors 

shall be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined by 30 

CFR 75.320. All methane detectors shall 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

(k) Prior to energizing any of the nonpermissible electronic surveying 

equipment in return air outby the last 

open crosscut, methane tests shall be 

made in accordance with 30 CFR 

75.323(a). 

(l) All areas to be surveyed must be 

pre-shifted according to 30 CFR 75.360 

prior to surveying. If the area was not 

pre-shifted, a supplemental examination 

according to 30 CFR 75.361 shall be 

performed before any non-certified 

person enters the area. If the area has 

been examined according to 30 CFR 

75.360 or 30 CFR 75.361, additional 

examination is not required. 

(m) A qualified person as defined in 

30 CFR 75.151 shall continuously 


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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices 7417 

monitor for methane immediately before 

and during the use of non-permissible 

electronic surveying equipment in 

return air outby the last open crosscut. 

A second person in the surveying crew, 

if there are two people in the crew, shall 

also continuously monitor for methane. 

That person shall be a qualified person 

as defined in 30 CFR 75.151 or be in the 

process of being trained to be a qualified 

person but have yet to ‘‘make such tests 

for a period of 6 months’’ as required by 

30 CFR 75.150. Upon completion of the 

6-month training period, the second 

person on the surveying crew shall 

become qualified to continue on the 

surveying crew. If the surveying crew 

consists of only one person, the person 

shall monitor for methane with two 

separate devices. 

(n) Batteries contained in the nonpermissible electronic surveying 

equipment shall be changed out or 

charged in intake air outby the last open 

crosscut. Replacement batteries for the 

non-permissible electronic surveying 

equipment shall be carried only in the 

electronic equipment carrying case 

spare battery compartment. Before each 

surveying shift, all batteries for the nonpermissible electronic surveying 

equipment shall be charged sufficiently 

so that they are not expected to be 

replaced on that shift. 

(o) When using non-permissible 

electronic surveying equipment in 

return air outby the last open crosscut, 

the surveyor shall confirm by 

measurement or by inquiry of the 

person in charge of the section that the 

air quantity on the section, on that shift, 

in in return air outby the last open 

crosscut is at least the minimum 

quantity required by the mine’s 

ventilation plan. 

(p) Personnel engaged in the use of 

non-permissible electronic surveying 

equipment shall be properly trained to 

recognize the hazards and limitations 

associated with the use of nonpermissible electronic surveying 

equipment in areas where methane 

could be present. 

(q) All members of the surveying crew 

shall receive specific training on the 

terms and conditions of the PDO 

granted by MSHA before using nonpermissible electronic surveying 

equipment in return air outby the last 

open crosscut. A record of the training 

shall be kept with the other training 

records. 

(r) Within 60 days after the PDO 

granted by MSHA becomes final, the 

operator shall submit proposed 

revisions for its approved 30 CFR part 

48 training plans to the Coal Mine 

Safety and Health District Manager. 

These proposed revisions shall specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted on the 

terms and conditions of the PDO, a 

MSHA Certificate of Training (Form 

5000–23) shall be completed and shall 

include comments indicating it was 

surveyor training. 

(s) The operator shall replace or retire 

from service any non-permissible 

electronic surveying instrument 

acquired prior to December 31, 2004, 

within 1 year of the PDO granted by 

MSHA becomes 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 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 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. 

(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 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 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 granted by MSHA. The logbook 

shall include a description of the nature 

of the disruption, the location of the 

disruption, the date and time of the 

disruption, the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(6) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations shall 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO granted by MSHA within 60 days 

of the date the PDO becomes final. Such 

training shall be completed before any 

non-permissible electronic surveying 

equipment can be used while 

production is occurring. The operator 

shall keep a record of such training and 

provide it to MSHA upon request. 

(7) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by surveying 

operations in accordance with 30 CFR 

48.8. The operator shall train new 

miners on the requirements of the PDO 

granted by MSHA in accordance with 30 

CFR 48.5 and shall train experienced 

miners, as defined in 30 CFR 48.6, on 

the requirements of the PDO in 

accordance with 30 CFR 48.6. The 

operator shall keep a record of such 

training and provide it to MSHA upon 

request. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–02090 Filed 2–1–24; 8:45 am] 

BILLING CODE 4520–43–P 


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