Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 7741 

outby the last open crosscut, regardless 

of whether the equipment is used by the 

operator or by an independent 

contractor. 

(u) Non-permissible electronic 

surveying equipment may be used when 

production is occurring, subject to these 

conditions: 

(1) On a mechanized mining unit 

(MMU) where production is occurring, 

non-permissible electronic surveying 

equipment shall not be used downwind 

of the discharge point of any face 

ventilation controls, such as tubing 

(including controls such as ‘‘baloney 

skins’’) or curtains. 

(2) Production may continue while 

non-permissible electronic surveying 

equipment is used if the surveying 

equipment is used in a separate split of 

air from where production is occurring. 

(3) Non-permissible electronic 

surveying equipment shall not be used 

in a split of air ventilating an MMU if 

any ventilation controls will be 

disrupted during such surveying. 

Disruption of ventilation controls means 

any change to the mine’s ventilation 

system that causes the ventilation 

system not to function in accordance 

with the mine’s approved ventilation 

plan. 

(4) If a surveyor must disrupt 

ventilation while surveying, the 

surveyor shall cease surveying and 

communicate to the section foreman 

that ventilation must be disrupted. 

Production shall stop while ventilation 

is disrupted. Ventilation controls shall 

be reestablished immediately after the 

disruption is no longer necessary. 

Production shall only resume after all 

ventilation controls are reestablished 

and are in compliance with approved 

ventilation or other plans and other 

applicable laws, standards, or 

regulations. 

(5) Any disruption in ventilation shall 

be recorded in the logbook required by 

the PDO. The logbook shall include a 

description of the nature of the 

disruption, the location of the 

disruption, the date and time of the 

disruption, the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(6) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations shall 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO 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. 2024–02168 Filed 2–2–24; 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 6, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2023– 

0058 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2023–0058. 

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 

4th Floor West. Individuals may inspect 

copies of the petition and comments 

during normal business hours at the 

address listed above. Before visiting 

MSHA in person, call 202–693–9455 to 

make an appointment, in keeping with 

the Department of Labor’s COVID–19 

policy. Special health precautions may 

be required. 

FOR FURTHER INFORMATION CONTACT: S. 

Aromie Noe, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Petitionsformodification@

dol.gov (email), or 202–693–9441 (fax). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and title 30 of the 

Code of Federal Regulations (CFR) part 

44 govern the application, processing, 

and disposition of petitions for 

modification. 

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–2023–028–C. 

Petitioner: Fossil Rock Resources, 

LLC, 5125 North Cottonwood Road, 

Orangeville, Utah 84537. 

Mine: Fossil Rock Mine, MSHA ID No. 

42–01211, located in Emery County, 

Utah. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electrical 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.1002(a) to permit the use of nonpermissible battery powered electronic 

surveying equipment within 150 feet of 

pillar workings or longwall faces. 

The petitioner states that: 

(a) In order to comply with 

requirements of 30 CFR 75.372 and 30 

CFR 75.1200, use of the most practical 

and accurate surveying equipment is 

necessary. 


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7742 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 

(b) Underground mining by its nature, 

size and complexity of mine plans 

requires that accurate and precise 

measurements be completed in a 

prompt and efficient manner. Use of 

electronic surveying equipment 

provides significant safety benefits. 

The petitioner proposes the following 

alternative method: 

(a) Non-permissible battery powered 

electronic surveying equipment to be 

used include: 

(1) Topcon Electric Total Station Model 

ES–103 

(2) Topcon Total Station GM–103 

(3) Sokkia IM–52–2 

(4) Sokkia CX–103 

(5) Spectra Precision Ranger 7 

(6) Tripod Data System Ranger 

(7) Spectra Precision Ranger TSC3 

(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 Ingress 

Protection (IP) 66 or greater rating. 

(c) The operator shall maintain a 

logbook for electronic surveying 

equipment with the equipment, or in 

the location where mine record books 

are kept or in the location where the 

surveying record books are kept. The 

logbook shall contain the date of 

manufacture and/or purchase of each 

piece of electronic surveying 

equipment. The logbook shall be made 

available to MSHA upon request. 

(d) All non-permissible electronic 

surveying equipment to be used within 

150 feet of pillar workings or longwall 

faces shall be examined by the person 

to operate the equipment prior to taking 

the equipment underground to ensure 

the equipment is being maintained in 

safe operating condition. These 

examinations shall include: 

(1) Checking the instrument for any 

physical damage and the integrity of the 

case; 

(2) Removing the battery and 

inspecting for corrosion; 

(3) Inspecting the contact points to 

ensure a secure connection to the 

battery; 

(4) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections; and 

(5) Checking the battery compartment 

cover or battery attachment to ensure 

that is securely fastened. 

The results of this examination shall 

be recorded in the logbook. 

(e) The equipment shall be examined 

at least weekly by a qualified person as 

defined in 30 CFR 75.153. The 

examination results shall be recorded 

weekly in the equipment’s logbook. 

These records shall be retained for 1 

year. 

(f) The operator shall ensure that all 

non-permissible electronic surveying 

equipment is serviced according to the 

manufacturer’s recommendations. Dates 

of service shall be recorded in the 

equipment’s logbook and shall include 

a description of the work performed. 

(g) The non-permissible electronic 

surveying equipment to be used within 

150 feet of pillar workings or longwall 

faces 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 Within 150 

feet of pillar workings or longwall faces. 

All requirements of 30 CFR 75.323 shall 

be complied with prior to entering 

within 150 feet of pillar workings or 

longwall faces. 

(i) Before setting up and energizing 

nonpermissible electronic surveying 

equipment within 150 feet of pillar 

workings or longwall faces, the 

surveyor(s) shall conduct a visual 

examination of the immediate area for 

evidence that the area appears to be 

sufficiently rock-dusted and for the 

presence of accumulated float coal dust. 

If the rock-dusting appears insufficient 

or the presence of accumulated float 

coal dust is observed, the 

nonpermissible electronic surveying 

equipment shall not be energized until 

sufficient rock dust has been applied 

and/or the accumulations of float coal 

dust have been removed. If 

nonpermissible electronic surveying 

equipment is to be used in an area that 

has not been rock-dusted within 40 feet 

of a working face where a continuous 

mining machine is used to extract coal, 

the area shall be rock-dusted prior to 

energizing the non-permissible 

electronic surveying equipment. 

(j) All hand-held methane detectors 

shall be MSHA-approved and 

maintained in permissible and proper 

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 within 150 feet of pillar 

workings or longwall faces, methane 

tests shall be made in accordance with 

30 CFR 75.323(a). 

(l) All areas to be surveyed must be 

pre-shifted according to 30 CFR 75.360 

prior to surveying. If the area was not 

pre-shifted, a supplemental examination 

according to 30 CFR 75.361 shall be 

performed before any non-certified 

person enters the area. If the area has 

been examined according to 30 CFR 

75.360 or 30 CFR 75.361, additional 

examination is not required. 

(m) A qualified person as defined in 

30 CFR 75.151 shall continuously 

monitor for methane immediately before 

and during the use of non-permissible 

electronic surveying equipment within 

150 feet of pillar workings or longwall 

faces. 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 more 

than 150 feet of pillar workings or 

longwall faces. 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 within 

150 feet of pillar workings or longwall 

faces, 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 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 


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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 7743 

granted by MSHA before using nonpermissible electronic surveying 

equipment within 150 feet of pillar 

workings or longwall faces. A record of 

the training shall be kept with the other 

training records. 

(r) Within 60 days after the PDO 

granted by MSHA becomes final, the 

operator shall submit proposed 

revisions for its approved 30 CFR part 

48 training plans to the Coal Mine 

Safety and Health District Manager. 

These proposed revisions shall specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted on the 

terms and conditions of the PDO, a 

MSHA Certificate of Training (Form 

5000–23) shall be completed and shall 

include comments indicating it was 

surveyor training. 

(s) The operator shall replace or retire 

from service any non-permissible 

electronic surveying instrument 

acquired prior to December 31, 2004, 

within 1 year of the PDO granted by 

MSHA becoming final. Within 3 years of 

the date the PDO becomes final, the 

operator shall replace or retire from 

service any theodolite acquired more 

than 5 years prior to the date the granted 

PDO became final and any total station 

or other electronic surveying equipment 

identified in the PDO acquired more 

than10 years prior to the date the PDO 

became final. After 5 years, the operator 

shall maintain a cycle of purchasing 

new electronic surveying equipment so 

that theodolites shall be no older than 

5 years from the date of manufacture 

and total stations and other electronic 

surveying equipment shall be no older 

than 10 years from the date of 

manufacture. 

(t) The operator is responsible for 

ensuring that all surveying contractors 

hired by the operator use nonpermissible electronic surveying 

equipment in accordance with the 

requirements of paragraph (s) of the 

PDO granted by MSHA. The conditions 

of use specified in the PDO shall apply 

to all non-permissible electronic 

surveying equipment used within 150 

feet of pillar workings or longwall faces, 

regardless of whether the equipment is 

used by the operator or by an 

independent contractor. 

(u) Non-permissible electronic 

surveying equipment may be used when 

production is occurring, subject to these 

conditions: 

(1) On a mechanized mining unit 

(MMU) where production is occurring, 

non-permissible electronic surveying 

equipment shall not be used downwind 

of the discharge point of any face 

ventilation controls, such as tubing 

(including controls such as ‘‘baloney 

skins’’) or curtains. 

(2) Production may continue while 

non-permissible electronic surveying 

equipment is used if the surveying 

equipment is used in a separate split of 

air from where production is occurring. 

(3) Non-permissible electronic 

surveying equipment shall not be used 

in a split of air ventilating an MMU if 

any ventilation controls will be 

disrupted during such surveying. 

Disruption of ventilation controls means 

any change to the mine’s ventilation 

system that causes the ventilation 

system not to function in accordance 

with the mine’s approved ventilation 

plan. 

(4) If a surveyor must disrupt 

ventilation while surveying, the 

surveyor shall cease surveying and 

communicate to the section foreman 

that ventilation must be disrupted. 

Production shall stop while ventilation 

is disrupted. Ventilation controls shall 

be reestablished immediately after the 

disruption is no longer necessary. 

Production shall only resume after all 

ventilation controls are reestablished 

and are in compliance with approved 

ventilation or other plans and other 

applicable laws, standards, or 

regulations. 

(5) Any disruption in ventilation shall 

be recorded in the logbook required by 

the PDO. The logbook shall include a 

description of the nature of the 

disruption, the location of the 

disruption, the date and time of the 

disruption, the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(6) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations shall 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO granted by MSHA within 60 days 

of the date the PDO becomes final. Such 

training shall be completed before any 

non-permissible electronic surveying 

equipment can be used while 

production is occurring. The operator 

shall keep a record of such training and 

provide it to MSHA upon request. 

(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. 2024–02170 Filed 2–2–24; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Agency Information Collection 

Activities; Comment Request; 

Information Collections Pertaining to 

Special Employment Under the Fair 

Labor Standards Act 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(Department) is soliciting comments 

concerning a proposed revision of the 

information collection request (ICR) 

titled ‘‘Information Collections 

Pertaining to Special Employment 

Under the Fair Labor Standards Act.’’ 

This comment request is part of 

continuing Departmental efforts to 

reduce paperwork and respondent 

burden in accordance with the 

Paperwork Reduction Act of 1995 

(PRA). The Department proposes to 

revise and extend the existing 

information collection with minor 

clarifying changes to the collection 

instruments. This program helps to 

ensure that requested data can be 

provided in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of collection requirements on 

respondents can be properly assessed. A 

copy of the proposed information 

request can be obtained by contacting 

the office listed below in the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

April 5, 2024. 

ADDRESSES: You may submit comments 

identified by Control Number 1235– 

0001 by either one of the following 

methods: Email: WHDPRAComments@

dol.gov; Mail, Hand Delivery, Courier: 

Division of Regulations, Legislation, and 


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