Petitions for Modification, 18406-18408 [E9-9168]
Download as PDF
<![CDATA[
18406
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices
other forms of information technology,
e.g., permitting electronic submission of
responses.
ACTION: Notice of petitions for
modification of existing mandatory
safety standards.
Overview of This Information
Collection:
(1) Type of information collection:
Extension of current collection.
(2) The title of the form/collection:
Federal Bureau of Investigation
Bioterrorism Preparedness Act: Entity/
Individual Information.
(3) The agency form number, if any,
and the applicable component of the
department sponsoring the collection:
Forms FD–961; Criminal Justice
Information Services Division, Federal
Bureau of Investigation, Department of
Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: City, county, State,
Federal, individuals, business or other
for profit, and not-for-profit institute.
This collection is needed to receive
names and other identifying information
submitted by individuals requesting
access to specific agents or toxins, and
consult with appropriate officials of the
Department of Health and Human
Services and the Department of
Agriculture as to whether certain
individuals specified in the provisions
should be denied access to or granted
limited access to specific agents.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: There are approximately 4,784
(FY 2008) respondents at 45 minutes for
FD–961 Form.
(6) An estimate of the total public
burden (in hours) associated with this
collection: There are approximately
3,588 hours, annual burden, associated
with this information collection.
If additional information is required
contact: Ms. Lynn Bryant, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
United States Department of Justice,
Patrick Henry Building, Suite 1600, 601
D Street, NW., Washington, DC 20530.
SUMMARY: Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR Part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
filed by the parties listed below to
modify the application of existing
mandatory safety standards published
in Title 30 of the Code of Federal
Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations, and Variances
on or before May 22, 2009.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: StandardsPetitions@dol.gov.
2. Facsimile: 1–202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209, Attention:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, 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.
Individuals who submit comments by
hand-delivery are required to check in
at the receptionist desk on the 21st
floor.
Individuals may inspect copies of the
petitions and comments during normal
business hours at the address listed
above.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(E-mail), or 202–693–9441 (Telefax).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
Dated: April 17, 2009.
Lynn Bryant,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. E9–9271 Filed 4–21–09; 8:45 am]
dwashington3 on PROD1PC60 with NOTICES
BILLING CODE P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health
Administration, Labor.
VerDate Nov<24>2008
15:31 Apr 21, 2009
Jkt 217001
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 determines
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
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) that the
application of such standard to such
mine will result in a diminution of
safety to the miners in such mine. In
addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Petitioner: Rosebud Mining Company,
P.O. Box 1025, Northern Cambria,
Pennsylvania 15714.
Docket Number: M–2009–001–C.
Mines: Clementine Mine, MSHA I.D.
No. 36–08862, Darmac No. 2 Mine,
MSHA I.D. No. 36–08135, Dutch Run
Mine, MSHA I.D. No. 36–08701,
Logansport Mine, MSHA I.D. No. 36–
08841, Tracy Lynne Mine, MSHA I.D.
No. 36–08603, located in Armstrong
County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36–08725, located
in Beaver County, Pennsylvania; Brush
Valley Mine, MSHA I.D. No. 36–09437,
Lowry Mine, MSHA I.D. No. 36–09287,
Tom’s Run Mine, MSHA I.D. No. 36–
08525, Heilwood Mine, MSHA I.D. No.
36–09407, located in Indiana County,
Pennsylvania; Little Toby Mine, MSHA
I.D. No. 36–08847, located in Elk
County, Pennsylvania; Mine 78, MSHA
I.D. No. 36–09371, located in Somerset
County, Pennsylvania; Penfield Mine,
MSHA I.D. No. 36–09355, located in
Clearfield County, Pennsylvania; and
Twin Rocks Mine, MSHA I.D. No. 36–
08836, located in Cambria County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered non-permissible
surveying equipment, including, but not
limited to, portable battery operated
mine transits, total station surveying
equipment, distance meters, and laptop
computers in or inby the last open
crosscut. The petitioner proposes to: (1)
Use non-permissible electronic
surveying equipment in or inby the last
open crosscut and examine the
equipment prior to use to ensure that
the equipment is in safe operating
condition; (2) have a qualified person
examine the equipment at intervals not
to exceed 7 days and record the
examination results in the weekly
electrical equipment examination book.
The examination will include: (i)
Checking the instrument for any
E:\FR\FM\22APN1.SGM
22APN1
dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices
physical damage and the integrity of the
case; (ii) removing the battery and
inspecting for corrosion; (iii) inspecting
the contact points to ensure a secure
connection to the battery; (iv)
reinserting the battery and powering up
and shutting down to ensure proper
connections: and (v) checking the
battery compartment cover to ensure
that it is securely fastened. In addition,
the operator will also: (1) Have a
qualified person continuously monitor
for methane immediately before and
during the use of non-permissible
surveying equipment in or inby the last
open crosscut or in the return; (2)
eliminate the use of non-permissible
surveying equipment if methane is
detected in concentrations at or above
1.0 percent; (3) de-energize the
equipment immediately and withdraw
the equipment further than 150 feet
from pillar workings when 1.0 percent
or more of methane is detected while
the equipment is in use; (4) eliminate
the use of non-permissible surveying
equipment where float coal dust is in
suspension; (5) charge or change
batteries contained in the surveying
equipment in fresh air out of the return;
(6) provide training to qualified
personnel who use the surveying
equipment to properly recognize the
hazards and limitations associated with
the use of the equipment; (7) put the
non-permissible surveying equipment in
service only after MSHA has initially
inspected the equipment and
determined that it is in compliance with
all of the terms and conditions of this
petition; and (8) submit proposed
revisions for the part 48 training plan to
the District Manager, which will include
specified initial and refresher training
regarding the terms and conditions
stated in the Proposed Decision and
Order. The petitioner asserts that
application of the existing standard
would result in a diminution of safety
to the miners and the proposed
alternative method would at all times
guarantee no less than the same measure
of protection afforded by the existing
standard.
Docket Number: M–2009–002–C.
Petitioner: Rosebud Mining Company,
P.O. Box 1025, Northern Cambria,
Pennsylvania 15714.
Mines: Clementine Mine, MSHA I.D.
No. 36–08862, Darmac No. 2 Mine,
MSHA I.D. No. 36–08135, Dutch Run
Mine, MSHA I.D. No. 36–08701,
Logansport Mine, MSHA I.D. No. 36–
08841, Tracy Lynne Mine, MSHA I.D.
No. 36–08603, located in Armstrong
County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36–08725, located
in Beaver County, Pennsylvania; Brush
VerDate Nov<24>2008
15:31 Apr 21, 2009
Jkt 217001
Valley Mine, MSHA I.D. No. 36–09437,
Lowry Mine, MSHA I.D. No. 36–09287,
Tom’s Run Mine, MSHA I.D. No. 36–
08525, Heilwood Mine, MSHA I.D. No.
36–09407, located in Indiana County,
Pennsylvania; Little Toby Mine, MSHA
I.D. No. 36–08847, located in Elk
County, Pennsylvania; Mine 78, MSHA
I.D. No. 36–09371, located in Somerset
County, Pennsylvania; Penfield Mine,
MSHA I.D. No. 36–09355, located in
Clearfield County, Pennsylvania; and
Twin Rocks Mine, MSHA I.D. No. 36–
08836, located in Cambria County,
Pennsylvania.
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 to permit an alternative
method of compliance to permit the use
of battery-powered non-permissible
surveying equipment in return airways.
The petitioner proposes to: (1) Use nonpermissible electronic surveying
equipment in or inby the last open
crosscut and examine the equipment
prior to use to ensure that the
equipment is in safe operating
condition; (2) have a qualified person
examine the equipment at intervals not
to exceed 7 days and record the
examination results in the weekly
electrical equipment examination book.
The examination will include: (i)
Checking the instrument for any
physical damage and the integrity of the
case; (ii) removing the battery and
inspecting for corrosion; (iii) inspecting
the contact points to ensure a secure
connection to the battery; (iv)
reinserting the battery and powering up
and shutting down to ensure proper
connections: and (v) checking the
battery compartment cover to ensure
that it is securely fastened. In addition,
the operator will also: (1) Have a
qualified person continuously monitor
for methane immediately before and
during the use of non-permissible
surveying equipment in or inby the last
open crosscut or in the return; (2)
eliminate the use of non-permissible
surveying equipment if methane is
detected in concentrations at or above
1.0 percent; (3) de-energize the
equipment immediately and withdraw
the equipment further than 150 feet
from pillar workings when 1.0 percent
or more of methane is detected while
the equipment is in use; (4) eliminate
the use of non-permissible surveying
equipment where float coal dust is in
suspension; (5) charge or change
batteries contained in the surveying
equipment in fresh air out of the return;
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
18407
(6) provide training to qualified
personnel who use the surveying
equipment to properly recognize the
hazards and limitations associated with
the use of the equipment; (7) put the
non-permissible surveying equipment in
service only after MSHA has initially
inspected the equipment and
determined that it is in compliance with
all of the terms and conditions of this
petition; and (8) submit proposed
revisions for the part 48 training plan to
the District Manager, which will include
specified initial and refresher training
regarding the terms and conditions
stated in the Proposed Decision and
Order. The petitioner asserts that
application of the existing standard
would result in a diminution of safety
to the miners and the proposed
alternative method would at all times
guarantee no less than the same measure
of protection afforded by the existing
standard.
Docket No: M–2009–003.
Petitioner: Rosebud Mining Company,
P.O. Box 1025, Northern Cambria,
Pennsylvania 15714.
Mines: Clementine Mine, MSHA I.D.
No. 36–08862, Darmac No. 2 Mine,
MSHA I.D. No. 36–08135, Dutch Run
Mine, MSHA I.D. No. 36–08701,
Logansport Mine, MSHA I.D. No. 36–
08841, Tracy Lynne Mine, MSHA I.D.
No. 36–08603, located in Armstrong
County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36–08725, located
in Beaver County, Pennsylvania; Brush
Valley Mine, MSHA I.D. No. 36–09437,
Lowry Mine, MSHA I.D. No. 36–09287,
Tom’s Run Mine, MSHA I.D. No. 36–
08525, Heilwood Mine, MSHA I.D. No.
36–09407, located in Indiana County,
Pennsylvania; Little Toby Mine, MSHA
I.D. No. 36–08847, located in Elk
County, Pennsylvania; Mine 78, MSHA
I.D. No. 36–09371, located in Somerset
County, Pennsylvania; Penfield Mine,
MSHA I.D. No. 36–09355, located in
Clearfield County, Pennsylvania; and
Twin Rocks Mine, MSHA I.D. No. 36–
08836, located in Cambria County,
Pennsylvania.
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 to permit an alternative
method of compliance to permit the use
of battery-powered non-permissible
surveying equipment, including, but not
limited to, portable battery operated
mine transits, total station surveying
equipment, distance meters, and laptop
computers within 150 feet of pillar
workings. The petitioner proposes to: (1)
Use non-permissible electronic
E:\FR\FM\22APN1.SGM
22APN1
18408
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices
surveying equipment in or inby the last
open crosscut and examine the
equipment prior to use to ensure that
the equipment is in safe operating
condition; (2) have a qualified person
examine the equipment at intervals not
to exceed 7 days and record the
examination results in the weekly
electrical equipment examination book.
The examination will include: (i)
Checking the instrument for any
physical damage and the integrity of the
case; (ii) removing the battery and
inspecting for corrosion; (iii) inspecting
the contact points to ensure a secure
connection to the battery; (iv)
reinserting the battery and powering up
and shutting down to ensure proper
connections: and (v) checking the
battery compartment cover to ensure
that it is securely fastened. In addition,
the operator will also: (1) Have a
qualified person continuously monitor
for methane immediately before and
during the use of non-permissible
surveying equipment within 150 feet of
pillar workings; (2) eliminate the use of
non-permissible surveying equipment if
methane is detected in concentrations at
or above 1.0 percent; (3) de-energize the
equipment immediately and withdraw
the equipment further than 150 feet
from pillar workings when 1.0 percent
or more of methane is detected while
the equipment is in use; (4) eliminate
the use of non-permissible surveying
equipment where float coal dust is in
suspension; (5) charge or change
batteries contained in the surveying
equipment in fresh air outby the last
open crosscut; (6) provide training to
qualified personnel who use the
surveying equipment to properly
recognize the hazards and limitations
associated with the use of the
equipment; (7) put the non-permissible
surveying equipment in service only
after MSHA has initially inspected the
equipment and determined that it is in
compliance with all of the terms and
conditions of this petition; and (8)
submit proposed revisions for the part
48 training plan to the District Manager,
which will include specified initial and
refresher training regarding the terms
and conditions stated in the Proposed
Decision and Order. The petitioner
asserts that application of the existing
standard would result in a diminution
of safety to the miners and the proposed
alternative method would at all times
guarantee no less than the same measure
of protection afforded by the existing
standard.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E9–9168 Filed 4–21–09; 8:45 am]
BILLING CODE 4510–43–P
NUCLEAR REGULATORY
COMMISSION
[NRC-2009-0164]
Notice of Availability of Draft NUREG1536, Revision 1A, ‘‘Standard Review
Plan for Spent Fuel Dry Storage
Systems at a General License Facility’’,
and Opportunity to Provide Comments
Correction
FR Notice Document E9-8602 was
published on page 17696 in the issue of
Thursday, April 16, 2009. This
document was an inadvertent
republication of FR Doc. E9-8599, which
published on page 15746 in the issue of
Wednesday, April 15, 2009. Therefore,
FR Doc. E9-8602 is withdrawn.
[FR Doc. Z9–8599 Filed 4–21–08; 8:45 am]
BILLING CODE 1505–01–D
RAILROAD RETIREMENT BOARD
Proposed Collection; Comment
Request
SUMMARY: In accordance with the
requirement of Section 3506 (c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden of the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
1. Title and purpose of information
collection: Application for Survivor
Insurance Annuities; OMB 3220–0030.
Under Section 2(d) of the Railroad
Retirement Act (RRA), monthly survivor
annuities are payable to surviving
widow(er)s, parents, unmarried
children, and in certain cases, divorced
wives (husbands), mothers (fathers),
remarried widow(er)s, and
grandchildren of deceased railroad
employees. The collection obtains the
information required by the RRB to
determine entitlement to and the
amount of the annuity applied for.
The RRB currently utilizes Form(s)
AA–17, Application for Widow(ers)
Annuity, AA–17b Applications for
Determination of Widow(er) Disability,
AA–17cert, Application Summary and
Certification, AA–18, Application for
Mother’s/Father’s and Child’s Annuity,
AA–19, Application for Child’s
Annuity, AA–19a, Application for
Determination of Child Disability, and
AA–20, Application for Parent’s
Annuity to obtain the necessary
information. The RRB proposes no
changes to the forms in the information
collection. One response is requested of
each respondent. Completion is
required to obtain benefits.
Estimate of Annual Respondent Burden
The estimated annual respondent
burden is as follows:
Annual
responses
dwashington3 on PROD1PC60 with NOTICES
Form No.(s)
AA–17 (manual, without assistance) .............................................................................................................
AA–17b (with assistance) ..............................................................................................................................
AA–17b (without assistance) .........................................................................................................................
AA–17cert ......................................................................................................................................................
AA–18 (manual, without assistance) .............................................................................................................
AA–19 (manual, without assistance) .............................................................................................................
AA–19a (with assistance) ..............................................................................................................................
AA–19a (without assistance) .........................................................................................................................
AA–20 (manual, without assistance) .............................................................................................................
VerDate Nov<24>2008
15:31 Apr 21, 2009
Jkt 217001
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
E:\FR\FM\22APN1.SGM
100
280
20
3,000
12
9
285
15
1
22APN1
Time
(min)
Burden
(hrs)
47
40
50
20
47
47
45
65
47
78
187
17
1,000
9
7
214
16
1
]]>Agencies
[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18406-18408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9168]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice of petitions for modification of existing mandatory
safety standards.
-----------------------------------------------------------------------
SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification filed by the parties listed below to modify
the application of existing mandatory safety standards published in
Title 30 of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations, and Variances on or before May 22, 2009.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: Standards-Petitions@dol.gov.
2. Facsimile: 1-202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations, and Variances.
4. Hand-Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209, Attention: Patricia W. Silvey, 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. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations, and Variances at 202-693-9447 (Voice),
barron.barbara@dol.gov (E-mail), or 202-693-9441 (Telefax). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
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 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)
that the application of such standard to such mine will result in a
diminution of safety to the miners in such mine. In addition, the
regulations at 30 CFR 44.10 and 44.11 establish the requirements and
procedures for filing petitions for modification.
II. Petitions for Modification
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Docket Number: M-2009-001-C.
Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine,
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701,
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D.
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania;
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No.
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in
Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered non-permissible surveying equipment,
including, but not limited to, portable battery operated mine transits,
total station surveying equipment, distance meters, and laptop
computers in or inby the last open crosscut. The petitioner proposes
to: (1) Use non-permissible electronic surveying equipment in or inby
the last open crosscut and examine the equipment prior to use to ensure
that the equipment is in safe operating condition; (2) have a qualified
person examine the equipment at intervals not to exceed 7 days and
record the examination results in the weekly electrical equipment
examination book. The examination will include: (i) Checking the
instrument for any
[[Page 18407]]
physical damage and the integrity of the case; (ii) removing the
battery and inspecting for corrosion; (iii) inspecting the contact
points to ensure a secure connection to the battery; (iv) reinserting
the battery and powering up and shutting down to ensure proper
connections: and (v) checking the battery compartment cover to ensure
that it is securely fastened. In addition, the operator will also: (1)
Have a qualified person continuously monitor for methane immediately
before and during the use of non-permissible surveying equipment in or
inby the last open crosscut or in the return; (2) eliminate the use of
non-permissible surveying equipment if methane is detected in
concentrations at or above 1.0 percent; (3) de-energize the equipment
immediately and withdraw the equipment further than 150 feet from
pillar workings when 1.0 percent or more of methane is detected while
the equipment is in use; (4) eliminate the use of non-permissible
surveying equipment where float coal dust is in suspension; (5) charge
or change batteries contained in the surveying equipment in fresh air
out of the return; (6) provide training to qualified personnel who use
the surveying equipment to properly recognize the hazards and
limitations associated with the use of the equipment; (7) put the non-
permissible surveying equipment in service only after MSHA has
initially inspected the equipment and determined that it is in
compliance with all of the terms and conditions of this petition; and
(8) submit proposed revisions for the part 48 training plan to the
District Manager, which will include specified initial and refresher
training regarding the terms and conditions stated in the Proposed
Decision and Order. The petitioner asserts that application of the
existing standard would result in a diminution of safety to the miners
and the proposed alternative method would at all times guarantee no
less than the same measure of protection afforded by the existing
standard.
Docket Number: M-2009-002-C.
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine,
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701,
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D.
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania;
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No.
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in
Cambria County, Pennsylvania.
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 to permit an alternative method of compliance to
permit the use of battery-powered non-permissible surveying equipment
in return airways. The petitioner proposes to: (1) Use non-permissible
electronic surveying equipment in or inby the last open crosscut and
examine the equipment prior to use to ensure that the equipment is in
safe operating condition; (2) have a qualified person examine the
equipment at intervals not to exceed 7 days and record the examination
results in the weekly electrical equipment examination book. The
examination will include: (i) Checking the instrument for any physical
damage and the integrity of the case; (ii) removing the battery and
inspecting for corrosion; (iii) inspecting the contact points to ensure
a secure connection to the battery; (iv) reinserting the battery and
powering up and shutting down to ensure proper connections: and (v)
checking the battery compartment cover to ensure that it is securely
fastened. In addition, the operator will also: (1) Have a qualified
person continuously monitor for methane immediately before and during
the use of non-permissible surveying equipment in or inby the last open
crosscut or in the return; (2) eliminate the use of non-permissible
surveying equipment if methane is detected in concentrations at or
above 1.0 percent; (3) de-energize the equipment immediately and
withdraw the equipment further than 150 feet from pillar workings when
1.0 percent or more of methane is detected while the equipment is in
use; (4) eliminate the use of non-permissible surveying equipment where
float coal dust is in suspension; (5) charge or change batteries
contained in the surveying equipment in fresh air out of the return;
(6) provide training to qualified personnel who use the surveying
equipment to properly recognize the hazards and limitations associated
with the use of the equipment; (7) put the non-permissible surveying
equipment in service only after MSHA has initially inspected the
equipment and determined that it is in compliance with all of the terms
and conditions of this petition; and (8) submit proposed revisions for
the part 48 training plan to the District Manager, which will include
specified initial and refresher training regarding the terms and
conditions stated in the Proposed Decision and Order. The petitioner
asserts that application of the existing standard would result in a
diminution of safety to the miners and the proposed alternative method
would at all times guarantee no less than the same measure of
protection afforded by the existing standard.
Docket No: M-2009-003.
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine,
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701,
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D.
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania;
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No.
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in
Cambria County, Pennsylvania.
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 to permit an alternative method of compliance to
permit the use of battery-powered non-permissible surveying equipment,
including, but not limited to, portable battery operated mine transits,
total station surveying equipment, distance meters, and laptop
computers within 150 feet of pillar workings. The petitioner proposes
to: (1) Use non-permissible electronic
[[Page 18408]]
surveying equipment in or inby the last open crosscut and examine the
equipment prior to use to ensure that the equipment is in safe
operating condition; (2) have a qualified person examine the equipment
at intervals not to exceed 7 days and record the examination results in
the weekly electrical equipment examination book. The examination will
include: (i) Checking the instrument for any physical damage and the
integrity of the case; (ii) removing the battery and inspecting for
corrosion; (iii) inspecting the contact points to ensure a secure
connection to the battery; (iv) reinserting the battery and powering up
and shutting down to ensure proper connections: and (v) checking the
battery compartment cover to ensure that it is securely fastened. In
addition, the operator will also: (1) Have a qualified person
continuously monitor for methane immediately before and during the use
of non-permissible surveying equipment within 150 feet of pillar
workings; (2) eliminate the use of non-permissible surveying equipment
if methane is detected in concentrations at or above 1.0 percent; (3)
de-energize the equipment immediately and withdraw the equipment
further than 150 feet from pillar workings when 1.0 percent or more of
methane is detected while the equipment is in use; (4) eliminate the
use of non-permissible surveying equipment where float coal dust is in
suspension; (5) charge or change batteries contained in the surveying
equipment in fresh air outby the last open crosscut; (6) provide
training to qualified personnel who use the surveying equipment to
properly recognize the hazards and limitations associated with the use
of the equipment; (7) put the non-permissible surveying equipment in
service only after MSHA has initially inspected the equipment and
determined that it is in compliance with all of the terms and
conditions of this petition; and (8) submit proposed revisions for the
part 48 training plan to the District Manager, which will include
specified initial and refresher training regarding the terms and
conditions stated in the Proposed Decision and Order. The petitioner
asserts that application of the existing standard would result in a
diminution of safety to the miners and the proposed alternative method
would at all times guarantee no less than the same measure of
protection afforded by the existing standard.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E9-9168 Filed 4-21-09; 8:45 am]
BILLING CODE 4510-43-P
