Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 7737 

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– 

0059 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2023–0059. 

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–2023–029–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 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.500(d) to permit the use of nonpermissible battery powered electronic 

surveying equipment in or inby the last 

open crosscut. 

The petitioner states that: 

(a) In order to comply with 

requirements of 30 CFR 75.372 and 30 

CFR 75.1200, use of the most practical 

and accurate surveying equipment is 

necessary. 

(b) 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 in 

return air outby the last open crosscut 

shall be examined by the person to 

operate the equipment prior to taking 

the equipment underground to ensure 

the equipment is being maintained in 

safe operating condition. These 

examinations shall include: 

(1) Checking the instrument for any 

physical damage and the integrity of the 

case; 

(2) Removing the battery and 

inspecting for corrosion; 

(3) Inspecting the contact points to 

ensure a secure connection to the 

battery; 

(4) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections; and 

(5) Checking the battery compartment 

cover or battery attachment to ensure 

that is securely fastened. 

The results of this examination shall 

be recorded in the logbook. 

(e) The equipment shall be examined 

at least weekly by a qualified person as 

defined in 30 CFR 75.153. The 

examination results shall be recorded 

weekly in the equipment’s logbook. 

These records shall be retained for 1 

year. 

(f) The operator shall ensure that all 

non-permissible electronic surveying 

equipment is serviced according to the 

manufacturer’s recommendations. Dates 

of service shall be recorded in the 

equipment’s logbook and shall include 

a description of the work performed. 

(g) The non-permissible electronic 

surveying equipment to be used in 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 

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 from in or 

inby the last open crosscut. All 

requirements of 30 CFR 75.323 shall be 

complied with prior to entering in or 

inby the last open crosscut. 

(i) Before setting up and energizing 

nonpermissible electronic surveying 


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7738 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 

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 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 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 

electronic 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 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 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 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 or inby the last open 

crosscut. A record of the training shall 

be kept with the other training records. 

(r) Within 60 days after the PDO 

granted by MSHA becomes final, the 

operator shall submit proposed 

revisions for its approved 30 CFR part 

48 training plans to the Coal Mine 

Safety and Health District Manager. 

These proposed revisions shall specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted on the 

terms and conditions of the PDO, a 

MSHA Certificate of Training (Form 

5000–23) shall be completed and shall 

include comments indicating it was 

surveyor training. 

(s) The operator shall replace or retire 

from service any non-permissible 

electronic surveying instrument 

acquired prior to December 31, 2004, 

within 1 year of the PDO granted by 

MSHA becoming final. Within 3 years of 

the date the PDO becomes final, the 

operator shall replace or retire from 

service any theodolite acquired more 

than 5 years prior to the date the granted 

PDO became final and any total station 

or other electronic surveying equipment 

identified in the PDO acquired more 

than10 years prior to the date the PDO 

became final. After 5 years, the operator 

shall maintain a cycle of purchasing 

new electronic surveying equipment so 

that theodolites shall be no older than 

5 years from the date of manufacture 

and total stations and other electronic 

surveying equipment shall be no older 

than 10 years from the date of 

manufacture. 

(t) The operator is responsible for 

ensuring that all surveying contractors 

hired by the operator use nonpermissible electronic surveying 

equipment in accordance with the 

requirements of paragraph (s) of the 

PDO granted by MSHA. The conditions 

of use specified in the PDO shall apply 

to all non-permissible electronic 

surveying equipment used in or inby 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 


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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices 7739 

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. 2024–02169 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– 

0060 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2023–0060. 

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–2023–030–C. 

Petitioner: Fossil Rock Resources, 

LLC, 5125 North Cottonwood Road, 

Orangeville, Utah 84537. 

Mine: Fossil Rock Mine, MSHA ID No. 

42–01211, located in Emery County, 

Utah. 

Regulation Affected: 30 CFR 75.507– 

1(a) (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) In order to comply with 

requirements of 30 CFR 75.372 and 30 

CFR 75.1200, use of the most practical 

and accurate surveying equipment is 

necessary. 

(b) 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 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; 


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