Petitions for Modification of Application of Existing Mandatory Safety Standards, 9268-9272 [2012-3614]
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III. The Trade and Development Act
of 2000 (TDA), Public Law 106–200
(2002), established a new eligibility
criterion for receipt of trade benefits
under the Generalized System of
Preferences (GSP), Caribbean Basin
Trade and Partnership Act (CBTPA),
and Africa Growth and Opportunity Act
(AGOA). The TDA amends the GSP
reporting requirements of Section 504 of
the Trade Act of 1974, 19 U.S.C. 2464,
to require that the President’s annual
report on the status of internationally
recognized worker rights include
‘‘findings by the Secretary of Labor with
respect to the beneficiary country’s
implementation of its international
commitments to eliminate the worst
forms of child labor.’’ Title II of the TDA
and the TDA Conference Report, Joint
Explanatory Statement of the Committee
of Conference, 106th Cong.2d.Sess.
(2000), indicate that the same criterion
applies for the receipt of benefits under
CBTPA and AGOA, respectively.
In addition, the Andean Trade
Preference Act, as amended and
expanded by the Andean Trade
Promotion and Drug Eradication Act,
Public Law 107–210, Title XXXI (2002),
includes as a criterion for receiving
benefits ‘‘[w]hether the country has
implemented its commitments to
eliminate the worst forms of child labor
as defined in section 507(6) of the Trade
Act of 1974.’’ DOL fulfills these
reporting mandates through annual
publication of the U.S. Department of
Labor’s Findings on the Worst Forms of
Child Labor with respect to countries
eligible for the aforementioned
programs. The 2010 report and
additional background information are
available on the Internet at https://
www.dol.gov/ILAB/programs/ocft/
tda.htm.
Information Requested and Invitation
To Comment: Interested parties are
invited to comment and provide
information regarding DOL’s 2010 TDA
Report; the 2011 TVPRA list; and the
current E.O. 13126 List, all of which
may be found on the Internet at
https://www.dol.gov/ilab/programs/ocft/
research.htm or obtained from OCFT.
DOL requests comments or information
to update the findings and suggestions
for government action for countries
reviewed in the TDA report, as well as
to assess each country’s individual
progress towards eliminating the worst
forms of child labor during the current
reporting period compared to previous
years. In addition, DOL especially
appreciates information on the nature
and extent of child labor, forced labor,
and forced or indentured child labor in
the production of goods in foreign
countries as well as information on
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government, industry, or third-party
actions to address these issues for
countries reviewed for the E.O. and
TVPRA lists. Materials submitted
should be confined to the specific topics
of these reports. DOL will generally
consider sources with dates up to five
years old (i.e., data not older than
January 1, 2006). DOL appreciates the
extent to which submissions clearly
indicate the time period to which they
apply. In the interest of transparency,
classified information will not be
accepted. Where applicable, information
submitted should indicate its source or
sources, and copies of the source
material should be provided. If primary
sources are utilized, such as research
studies, interviews, direct observations,
or other sources of quantitative or
qualitative data, details on the research
or data-gathering methodology should
be provided. Please see the 2010 TDA
Report, TVPRA List, and E.O. List for a
complete explanation of relevant terms,
definitions, and reporting guidelines
employed by DOL, or refer to ILAB’s
previous Request for Information
published in the Federal Register on
April 25, 2011 (76 FR 22921).
This notice is a general solicitation of
comments from the public.
Signed at Washington, DC, this 9th day of
February 2012.
Sandra Polaski,
Deputy Undersecretary for International
Labor Affairs.
[FR Doc. 2012–3592 Filed 2–15–12; 8:45 am]
BILLING CODE 4510–28–P
You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939,
Attention: Roslyn B. Fontaine, Acting
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–
3939. Individuals who submit
comments by hand-delivery are required
to check in at the receptionist’s desk on
the 21st floor. Individuals may inspect
copies of the petitions and comments
during normal business hours at the
address listed above.
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.
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 (Facsimile).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified 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 March 19, 2012.
SUMMARY:
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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) 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
Docket Number: M–2011–044–C.
Petitioner: Bowie Resources, LLC,
P.O. Box 1488, Paonia, Colorado 81418.
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Mine: Bowie No. 2 Mine, MSHA I.D.
No. 05–04591, P.O. Box 1488, Paonia,
Colorado 81418, located in Delta
County, Colorado.
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 batter-powered non-permissible
surveying equipment in or inby the last
open crosscut, including in the return
airways. The petitioner states that:
(1) Equivalent permissible equipment
does not exist.
(2) Equivalent non-electronic
surveying equipment is obsolete
technology and new replacement
equipment does not exist; replacement
parts and reconditioned equipment are
becoming increasingly unavailable.
(3) The continued use of obsolete and
worn or reconditioned equipment that
may be inaccurate will result in a
diminution of safety in that surveys will
become increasingly inaccurate which
could result in:
(a) The development of entries that
are not straight and true.
(b) Pillar sizes that may become
compromised.
(c) The location of mine workings that
may be inaccurate, creating reduced
barrier pillar sizes when approaching
old workings and outcrops.
(4) In the alternative to compliance
with the existing standard, the
petitioner proposes the following:
(a) Non-permissible surveying
equipment will be used only when
equivalent permissible equipment does
not exist.
(b) All non-permissible surveying
equipment will be limited to:
(i) Topcon Electronic Total Station
Model GTS–233W 7.2 volts d.c.
(ii) Topcon Electronic Total Station
Model GTS–235W 7.2 volts d.c.
(iii) Topcon Electronic Total Station
Model GTS–211D 7.2 volts d.c.
(iv) Nikon Total Station Nivo Series
Model Nivo 2.C 3.8 volts d.c.
(v) Nikon DTM–302 Series Model
DTM–352 7.2 volts d.c.
(vi) Spectra Precision Nomad Data
Collector 5.0 volts d.c.
(vii) Equivalent equipment with equal
or lower voltages.
(c) All non-permissible surveying
equipment used in or inby the last open
crosscut or in a return airway will be
examined by a qualified person, as
defined in 30 CFR 75.153, at least
weekly to ensure that the equipment is
being maintained in a safe operating
condition. The results of the inspection
will be recorded and the record will be
retained for one year and made available
for review by MSHA upon request.
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(d) All non-permissible surveying
equipment to be used in or inby the last
open crosscut or in a return airway will
be examined in fresh air outby the last
open crosscut prior to being used to
ensure that the equipment is being
maintained in a safe operating
condition. The examination will
include:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Powering-up and shutting-down
the instrument to ensure proper
operation.
(iii) Checking the battery
compartment cover to ensure that it is
securely fastened.
(e) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of non-permissible
surveying equipment in or inby the last
open crosscut or in a return airway.
(f) Non-permissible surveying
equipment will not be used if methane
is detected at or above 1.0 percent.
When 1.0 percent or more methane is
detected while the non-permissible
surveying equipment is being used, the
equipment will be deenergized
immediately and withdrawn outby the
last open crosscut or out of a return
airway.
(g) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(h) Non-permissible surveying
equipment will not be used when coal
production is occurring in the entry
being surveyed unless it is necessary for
the surveying.
(i) Batteries contained in the nonpermissible surveying equipment will
be changed out or charged in intake air
outby the last open crosscut.
(j) Personnel who use the nonpermissible surveying equipment will
be trained to recognize the hazards and
limitations associated with its use.
(k) The non-permissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all of the terms and
conditions in this petition.
(l) Within 60 days after this petition
becomes final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. The revisions will specify
initial and refresher training regarding
the terms and conditions in this
petition.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
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measure of protection as that afforded
by the existing standard.
Docket Number: M–2011–045–C.
Petitioner: Alpha Engineering
Services, Inc., 216 Business Street,
Beckley, West Virginia 25801.
Mines: Signature Mining, Coalburg
No. 1 Mine, MSHA I.D. No. 46–09082,
and Newtown Energy, Coalburg No. 1
Mine, MSHA I.D. No. 46–08993, and
Patriot Coal, Harris No. 1 Mine, MSHA
I.D. No. 46–01271, and Newtown
Energy, Peerless Rachel Mine, MSHA
I.D. No. 46–09258, located in Boone
County, West Virginia; Arch-Wolf Run,
Sentinel Mine, MSHA I.D. No. 46–
04168, located in Barbour County, West
Virginia; Arch-Wolf Run, Imperial Mine,
MSHA I.D. No. 46–09115, and ArchWolf Run, Sago Mine, MSHA I.D. No.
46–08791, located in Upshur County,
West Virginia; Arch-Wolf Run,
Sycamore 2 Mine, MSHA I.D. No. 46–
09060, located in Harrison County, West
Virginia; Arch-Tygart Valley LLC,
Tygart No. 1 Mine, MSHA I.D. No. 46–
09192, located in Taylor County, West
Virginia; Arch-Beckley LLC, Beckley
Pocahontas Mine, MSHA I.D. No. 46–
09216, and Performance Coal Co., Upper
Big Branch Mine, MSHA I.D. No. 46–
08436, located in Raleigh County, West
Virginia; Newtown Energy, Eagle Mine,
MSHA I.D. No. 46–08759, and Newtown
Energy, Coalburg No. 2 Mine, MSHA
I.D. No. 46–09231, and Speed Mining
LLC, American Eagle Mine, MSHA I.D.
No. 46–05437, located in Kanawha
County, West Virginia; Prairie State,
Lively Grove Mine, MSHA I.D. No. 11–
03193, located in Washington County,
Illinois; Pinnacle Mining, Pinnacle
Mine, MSHA I.D. No. 46–01816, located
in Wyoming County, West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered non-permissible surveying
equipment in and inby the last open
cross-cut, including, but not limited to,
portable battery-operated mine transits,
total station surveying equipment,
distance meters, and laptop computers.
The petitioner proposes to use up-todate, practical, and accurate technology
in the preparation of mine maps to
ensure the safety of the miners by
providing proper and accurate mining
directional control in the mine. The
petitioner states that:
(1) Application of the existing
standard would result in a diminution
of safety to the miners.
(2) Underground mining, by its
nature, size, complexity, and relative
closeness to other abandoned mines,
gas/oil wells, and other features,
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requires that accurate and precise
measurements be completed in a
prompt and efficient manner.
(3) The use of currently available nonelectronic equipment is less accurate
and less dependable than the available
electronic equipment and requires more
exposure of surveyors to hazardous
mining environments. As an alternative
to compliance with the existing
standard, the petitioner proposes the
following:
(a) To examine all non-permissible
electronic surveying equipment prior to
use in or inby the last open crosscut to
ensure that the equipment is being
maintained in a safe operating
condition, and have a qualified person,
as defined in 30 CFR 75.153, examine
the equipment at intervals not to exceed
7 days. The examination results will be
recorded in the weekly examination of
electrical equipment book. The
examinations will include:
(i) Checks of the instrument for any
physical damage and the integrity of the
case.
(ii) Removal of the battery and an
inspection for corrosion and damage.
(iii) Inspection of the contact points to
ensure a secure connection to the
battery.
(iv) Reinsertion of the battery and a
power-up and shut-down of the
instrument to ensure proper
connections.
(v) Checks of the battery compartment
cover to ensure that it is securely
fastened.
(b) A qualified person, as defined in
30 CFR 75.151, will 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.
(c) Non-permissible surveying
equipment will 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 nonpermissible surveying equipment is
being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment will
be withdrawn out of the return.
(d) Non-permissible surveying
equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the
surveying equipment will be changed
out or charged in fresh air and not in the
return.
(f) Qualified personnel who use the
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
non-permissible surveying equipment.
(g) The non-permissible surveying
equipment will not be put into service
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until MSHA has initially inspected the
equipment and determined that it is in
compliance with the terms and
conditions in this petition.
(h) Within 60 days after the Proposed
Decision and Order becomes final, the
petitioner will submit proposed
revisions for its approved 30 CFR Part
48 training plan to the District Manager.
These proposed revisions will specify
initial and refresher training regarding
the terms and conditions stated in the
Proposed Decision and Order.
The petitioner further states that the
nature of work at times will require that
surveying services that would be
covered by this petition be provided on
short notice and, therefore, does not
want the petitions to apply to specific
companies or mines. The petitioner
states that the list of companies and
mines in this petition is not allinclusive.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2011–046–C.
Petitioner: Alpha Engineering
Services, Inc., 216 Business Street,
Beckley, West Virginia 25801.
Mines: Signature Mining, Coalburg
No. 1 Mine, MSHA I.D. No. 46–09082,
and Newtown Energy, Coalburg No. 1
Mine, MSHA I.D. No. 46–08993, and
Patriot Coal, Harris No. 1 Mine, MSHA
I.D. No. 46–01271, and Newtown
Energy, Peerless Rachel Mine, MSHA
I.D. No. 46–09258, located in Boone
County, West Virginia; Arch-Wolf Run,
Sentinel Mine, MSHA I.D. No. 46–
04168, located in Barbour County, West
Virginia; Arch-Wolf Run, Imperial Mine,
MSHA I.D. No. 46–09115, and ArchWolf Run, Sago Mine, MSHA I.D. No.
46–08791, located in Upshur County,
West Virginia; Arch-Wolf Run,
Sycamore 2 Mine, MSHA I.D. No. 46–
09060, located in Harrison County, West
Virginia; Arch-Tygart Valley LLC,
Tygart No. 1 Mine, MSHA I.D. No. 46–
09192, located in Taylor County, West
Virginia; Arch-Beckley LLC, Beckley
Pocahontas Mine, MSHA I.D. No. 46–
09216, and Performance Coal Co., Upper
Big Branch Mine, MSHA I.D. No. 46–
08436, located in Raleigh County, West
Virginia; Newtown Energy, Eagle Mine,
MSHA I.D. No. 46–08759, and Newtown
Energy, Coalburg No. 2 Mine, MSHA
I.D. No. 46–09231, and Speed Mining
LLC, American Eagle Mine, MSHA I.D.
No. 46–05437, located in Kanawha
County, West Virginia; Prairie State,
Lively Grove Mine, MSHA I.D. No. 11–
03193, located in Washington County,
Illinois; Pinnacle Mining, Pinnacle
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Mine, MSHA I.D. No. 46–01816, located
in Wyoming 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 the existing
standard to permit the use of batterypowered non-permissible surveying
equipment outby the last open cross-cut
in return airways, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and laptop
computers. The petitioner proposes to
use up-to-date, practical, and accurate
technology in the preparation of mine
maps and ensure the safety of the
miners by providing proper and
accurate mining directional control in
the mine. The petitioner states that:
(1) Application of the existing
standard would result in a diminution
of safety to the miners.
(2) Underground mining, by its
nature, size, complexity, and relative
closeness to other abandoned mines,
gas/oil wells, and other features,
requires that accurate and precise
measurements be completed in a
prompt and efficient manner.
(3) The use of currently available nonelectronic equipment is less accurate
and less dependable than the available
electronic equipment and requires more
exposure of surveyors to hazardous
mining environments. As an alternative
to compliance with the existing
standard, the petitioner proposes the
following:
(a) To examine all non-permissible
electronic surveying equipment prior to
use in or inby the last open crosscut to
ensure that the equipment is being
maintained in a safe operating
condition, and have a qualified person,
as defined in 30 CFR 75.153, examine
the equipment at intervals not to exceed
7 days. The examination results will be
recorded in the weekly examination of
electrical equipment book. The
examinations will include:
(i) Checks of the instrument for any
physical damage and the integrity of the
case.
(ii) Removal of the battery and an
inspection for corrosion and damage.
(iii) Inspection of the contact points to
ensure a secure connection to the
battery.
(iv) Reinsertion of the battery and a
power-up and shut-down of the
instrument to ensure proper
connections.
(v) Checks of the battery compartment
cover to ensure that it is securely
fastened.
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(b) A qualified person, as defined in
30 CFR 75.151, will 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.
(c) Non-permissible surveying
equipment will 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 nonpermissible surveying equipment is
being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment will
be withdrawn out of the return.
(d) Non-permissible surveying
equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the
surveying equipment will be changed
out or charged in fresh air and not in the
return.
(f) Qualified personnel who use the
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
non-permissible surveying equipment.
(g) The non-permissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with the terms and
conditions in this petition.
(h) Within 60 days after the Proposed
Decision and Order becomes final, the
petitioner will submit proposed
revisions for its approved 30 CFR Part
48 training plan to the District Manager.
These proposed revisions will specify
initial and refresher training regarding
the terms and conditions stated in the
Proposed Decision and Order.
The petitioner further states that the
nature of work at times will require that
surveying services that would be
covered by this petition be provided on
short notice and, therefore, does not
want the petitions to apply to specific
companies or mines. The petitioner
states that the list of companies and
mines in this petition is not allinclusive.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2011–047–C.
Petitioner: Alpha Engineering
Services, Inc., 216 Business Street,
Beckley, West Virginia 25801.
Mines: Signature Mining, Coalburg
No. 1 Mine, MSHA I.D. No. 46–09082,
and Newtown Energy, Coalburg No. 1
Mine, MSHA I.D. No. 46–08993, and
Patriot Coal, Harris No. 1 Mine, MSHA
I.D. No. 46–01271, and Newtown
Energy, Peerless Rachel Mine, MSHA
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Jkt 226001
I.D. No. 46–09258, located in Boone
County, West Virginia; Arch-Wolf Run,
Sentinel Mine, MSHA I.D. No. 46–
04168, located in Barbour County, West
Virginia; Arch-Wolf Run, Imperial Mine,
MSHA I.D. No. 46–09115, and ArchWolf Run, Sago Mine, MSHA I.D. No.
46–08791, located in Upshur County,
West Virginia; Arch-Wolf Run,
Sycamore 2 Mine, MSHA I.D. No. 46–
09060, located in Harrison County, West
Virginia; Arch-Tygart Valley LLC,
Tygart No. 1 Mine, MSHA I.D. No. 46–
09192, located in Taylor County, West
Virginia; Arch-Beckley LLC, Beckley
Pocahontas Mine, MSHA I.D. No. 46–
09216, and Performance Coal Co., Upper
Big Branch Mine, MSHA I.D. No. 46–
08436, located in Raleigh County, West
Virginia; Newtown Energy, Eagle Mine,
MSHA I.D. No. 46–08759, and Newtown
Energy, Coalburg No. 2 Mine, MSHA
I.D. No. 46–09231, and Speed Mining
LLC, American Eagle Mine, MSHA I.D.
No. 46–05437, located in Kanawha
County, West Virginia; Prairie State,
Lively Grove Mine, MSHA I.D. No. 11–
03193, located in Washington County,
Illinois; Pinnacle Mining, Pinnacle
Mine, MSHA I.D. No. 46–01816, located
in Wyoming County, West Virginia.
Regulation Affected: 30 CFR
77.1914(a) (Electrical equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered non-permissible surveying
equipment in shaft and slope
construction, including, but not limited
to, portable battery-operated mine
transits, total station surveying
equipment, distance meters, and laptop
computers. The petitioner proposes to
use up-to-date, practical, and accurate
technology in the preparation of mine
maps and ensure the safety of the
miners by providing proper and
accurate mining directional control in
the mine. The petitioner states that:
(1) Application of the existing
standard would result in a diminution
of safety to the miners.
(2) Underground mining, by its
nature, size, complexity, and relative
closeness to other abandoned mines,
gas/oil wells, and other features,
requires that accurate and precise
measurements be completed in a
prompt and efficient manner.
(3) The use of currently available nonelectronic equipment is less accurate
and less dependable than the available
electronic equipment and requires more
exposure of surveyors to hazardous
mining environments. As an alternative
to compliance with the existing
standard, the petitioner proposes the
following:
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9271
(a) To examine all non-permissible
electronic surveying equipment prior to
use in or inby the last open crosscut to
ensure the equipment is being
maintained in a safe operating
condition, and have a qualified person,
as defined in 30 CFR 75.153, examine
the equipment at intervals not to exceed
7 days. The examination results will be
recorded in the weekly examination of
electrical equipment book. The
examinations will include:
(i) Checks of the instrument for any
physical damage and the integrity of the
case.
(ii) Removal of the battery and an
inspection for corrosion and damage.
(iii) Inspection of the contact points to
ensure a secure connection to the
battery.
(iv) Reinsertion of the battery and a
power-up and shut-down of the
instrument to ensure proper
connections.
(v) Checks of the battery compartment
cover to ensure that it is securely
fastened.
(b) A qualified person, as defined in
30 CFR 75.151, will 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.
(c) Non-permissible surveying
equipment will 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 nonpermissible surveying equipment is
being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment will
be withdrawn out of the return.
(d) Non-permissible surveying
equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the
surveying equipment will be changed
out or charged in fresh air and not in the
return.
(f) Qualified personnel who use the
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
non-permissible surveying equipment.
(g) The non-permissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with the terms and
conditions in this petition.
(h) Within 60 days after the Proposed
Decision and Order becomes final, the
petitioner will submit proposed
revisions for its approved 30 CFR Part
48 training plan to the District Manager.
These proposed revisions will specify
initial and refresher training regarding
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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
the terms and conditions stated in the
Proposed Decision and Order.
The petitioner further states that the
nature of work at times will require that
surveying services that would be
covered by this petition be provided on
short notice and, therefore, does not
want the petitions to apply to specific
companies or mines. The petitioner
states that the list of companies and
mines in this petition is not allinclusive.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2011–014–M.
Petitioner: St. Marys Cement, Inc.
(U.S.), 16000 Bells Ray Road, P.O. Box
367, Charlevoix, Michigan 49720.
Mine: St. Marys Cement, Charlevoix
Plant, MSHA I.D. No. 20–00038, 16000
Bells Ray Road, P.O. Box 367,
Charlevoix, Michigan 49720.
Regulation Affected: 30 CFR
56.14101(a)(2) and (3) (Brakes).
Modification Request: The petitioner
requests a modification of the existing
standard for self-propelled mobile
equipment for its 1997 Tennant
Sweeper, Model #830. The petitioner
states that:
(1) The Tennant Sweeper is operated
only on paved flat roads within the
surface mine property.
(2) The sweeper primarily operates
with use of a hydraulic system. When
the foot is taken off the accelerator the
sweeper stops.
(3) The back brakes are currently
inoperable and the unit is so old that the
parts are hard to obtain to fix the
system.
(4) The sweeper has a functional front
braking system capable of stopping and
holding the vehicle with a full load on
the steepest incline it travels.
(5) The sweeper is operated only on
day shift, only travels on dry roads and
dusty days when the roads are not wet
or slippery, and is put up for the winter.
(6) The sweeper is not capable of
traveling over 5 miles per hour. It is
generally run between 3 and 5 miles per
hour within the plant. The standard on
brakes requires at least 10 miles per
hour to test the brakes, and the sweeper
cannot go that fast.
(7) The sweeper has a fully functional
parking brake system capable of holding
the machine with a full load on the
steepest incline it travels.
(8) The unit is not being supported by
Tennant, the manufacturer.
(9) Any spare parts that can be
obtained will no longer be produced
once they are used up.
(10) What is available to fix the unit
has been ordered, and the unit is needed
VerDate Mar<15>2010
16:31 Feb 15, 2012
Jkt 226001
to comply with environmental
regulations.
As an alternative, the petitioner
proposes to rely on the hydraulic
system, the front brake system, and the
parking brake to stop and hold the
equipment with its typical load on the
maximum grade it travels.
The petitioner asserts that the
proposed alternative method will at all
times guarantee the miners no less than
the same measure of protection as
provided by the existing standard.
Dated: February 10, 2012.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2012–3614 Filed 2–15–12; 8:45 am]
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E:\FR\FM\16FEN1.SGM
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[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9268-9272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3614]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
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 submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified 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 March 19, 2012.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: zzMSHA-comments@dol.gov. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, Acting 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 22209-3939. Individuals who submit comments by
hand-delivery are required to check in at the receptionist's desk on
the 21st floor. Individuals may inspect copies of the petitions and
comments during normal business hours at the address listed above.
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.
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 (Facsimile). [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 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) 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
Docket Number: M-2011-044-C.
Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado
81418.
[[Page 9269]]
Mine: Bowie No. 2 Mine, MSHA I.D. No. 05-04591, P.O. Box 1488,
Paonia, Colorado 81418, located in Delta County, Colorado.
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 batter-powered non-permissible surveying equipment in
or inby the last open crosscut, including in the return airways. The
petitioner states that:
(1) Equivalent permissible equipment does not exist.
(2) Equivalent non-electronic surveying equipment is obsolete
technology and new replacement equipment does not exist; replacement
parts and reconditioned equipment are becoming increasingly
unavailable.
(3) The continued use of obsolete and worn or reconditioned
equipment that may be inaccurate will result in a diminution of safety
in that surveys will become increasingly inaccurate which could result
in:
(a) The development of entries that are not straight and true.
(b) Pillar sizes that may become compromised.
(c) The location of mine workings that may be inaccurate, creating
reduced barrier pillar sizes when approaching old workings and
outcrops.
(4) In the alternative to compliance with the existing standard,
the petitioner proposes the following:
(a) Non-permissible surveying equipment will be used only when
equivalent permissible equipment does not exist.
(b) All non-permissible surveying equipment will be limited to:
(i) Topcon Electronic Total Station Model GTS-233W 7.2 volts d.c.
(ii) Topcon Electronic Total Station Model GTS-235W 7.2 volts d.c.
(iii) Topcon Electronic Total Station Model GTS-211D 7.2 volts d.c.
(iv) Nikon Total Station Nivo Series Model Nivo 2.C 3.8 volts d.c.
(v) Nikon DTM-302 Series Model DTM-352 7.2 volts d.c.
(vi) Spectra Precision Nomad Data Collector 5.0 volts d.c.
(vii) Equivalent equipment with equal or lower voltages.
(c) All non-permissible surveying equipment used in or inby the
last open crosscut or in a return airway will be examined by a
qualified person, as defined in 30 CFR 75.153, at least weekly to
ensure that the equipment is being maintained in a safe operating
condition. The results of the inspection will be recorded and the
record will be retained for one year and made available for review by
MSHA upon request.
(d) All non-permissible surveying equipment to be used in or inby
the last open crosscut or in a return airway will be examined in fresh
air outby the last open crosscut prior to being used to ensure that the
equipment is being maintained in a safe operating condition. The
examination will include:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Powering-up and shutting-down the instrument to ensure proper
operation.
(iii) Checking the battery compartment cover to ensure that it is
securely fastened.
(e) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of non-permissible surveying equipment in or inby the last open
crosscut or in a return airway.
(f) Non-permissible surveying equipment will not be used if methane
is detected at or above 1.0 percent. When 1.0 percent or more methane
is detected while the non-permissible surveying equipment is being
used, the equipment will be deenergized immediately and withdrawn outby
the last open crosscut or out of a return airway.
(g) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(h) Non-permissible surveying equipment will not be used when coal
production is occurring in the entry being surveyed unless it is
necessary for the surveying.
(i) Batteries contained in the non-permissible surveying equipment
will be changed out or charged in intake air outby the last open
crosscut.
(j) Personnel who use the non-permissible surveying equipment will
be trained to recognize the hazards and limitations associated with its
use.
(k) The non-permissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all of the terms and conditions in this
petition.
(l) Within 60 days after this petition becomes final, the
petitioner will submit proposed revisions for its approved 30 CFR part
48 training plan to the District Manager. The revisions will specify
initial and refresher training regarding the terms and conditions in
this petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2011-045-C.
Petitioner: Alpha Engineering Services, Inc., 216 Business Street,
Beckley, West Virginia 25801.
Mines: Signature Mining, Coalburg No. 1 Mine, MSHA I.D. No. 46-
09082, and Newtown Energy, Coalburg No. 1 Mine, MSHA I.D. No. 46-08993,
and Patriot Coal, Harris No. 1 Mine, MSHA I.D. No. 46-01271, and
Newtown Energy, Peerless Rachel Mine, MSHA I.D. No. 46-09258, located
in Boone County, West Virginia; Arch-Wolf Run, Sentinel Mine, MSHA I.D.
No. 46-04168, located in Barbour County, West Virginia; Arch-Wolf Run,
Imperial Mine, MSHA I.D. No. 46-09115, and Arch-Wolf Run, Sago Mine,
MSHA I.D. No. 46-08791, located in Upshur County, West Virginia; Arch-
Wolf Run, Sycamore 2 Mine, MSHA I.D. No. 46-09060, located in Harrison
County, West Virginia; Arch-Tygart Valley LLC, Tygart No. 1 Mine, MSHA
I.D. No. 46-09192, located in Taylor County, West Virginia; Arch-
Beckley LLC, Beckley Pocahontas Mine, MSHA I.D. No. 46-09216, and
Performance Coal Co., Upper Big Branch Mine, MSHA I.D. No. 46-08436,
located in Raleigh County, West Virginia; Newtown Energy, Eagle Mine,
MSHA I.D. No. 46-08759, and Newtown Energy, Coalburg No. 2 Mine, MSHA
I.D. No. 46-09231, and Speed Mining LLC, American Eagle Mine, MSHA I.D.
No. 46-05437, located in Kanawha County, West Virginia; Prairie State,
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington
County, Illinois; Pinnacle Mining, Pinnacle Mine, MSHA I.D. No. 46-
01816, located in Wyoming County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered non-permissible
surveying equipment in and inby the last open cross-cut, including, but
not limited to, portable battery-operated mine transits, total station
surveying equipment, distance meters, and laptop computers. The
petitioner proposes to use up-to-date, practical, and accurate
technology in the preparation of mine maps to ensure the safety of the
miners by providing proper and accurate mining directional control in
the mine. The petitioner states that:
(1) Application of the existing standard would result in a
diminution of safety to the miners.
(2) Underground mining, by its nature, size, complexity, and
relative closeness to other abandoned mines, gas/oil wells, and other
features,
[[Page 9270]]
requires that accurate and precise measurements be completed in a
prompt and efficient manner.
(3) The use of currently available non-electronic equipment is less
accurate and less dependable than the available electronic equipment
and requires more exposure of surveyors to hazardous mining
environments. As an alternative to compliance with the existing
standard, the petitioner proposes the following:
(a) To examine all non-permissible electronic surveying equipment
prior to use in or inby the last open crosscut to ensure that the
equipment is being maintained in a safe operating condition, and have a
qualified person, as defined in 30 CFR 75.153, examine the equipment at
intervals not to exceed 7 days. The examination results will be
recorded in the weekly examination of electrical equipment book. The
examinations will include:
(i) Checks of the instrument for any physical damage and the
integrity of the case.
(ii) Removal of the battery and an inspection for corrosion and
damage.
(iii) Inspection of the contact points to ensure a secure
connection to the battery.
(iv) Reinsertion of the battery and a power-up and shut-down of the
instrument to ensure proper connections.
(v) Checks of the battery compartment cover to ensure that it is
securely fastened.
(b) A qualified person, as defined in 30 CFR 75.151, will
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.
(c) Non-permissible surveying equipment will 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 surveying
equipment is being used, the equipment will be deenergized immediately
and the non-permissible electronic equipment will be withdrawn out of
the return.
(d) Non-permissible surveying equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the surveying equipment will be changed
out or charged in fresh air and not in the return.
(f) Qualified personnel who use the surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of non-permissible surveying equipment.
(g) The non-permissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with the terms and conditions in this
petition.
(h) Within 60 days after the Proposed Decision and Order becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR Part 48 training plan to the District Manager. These proposed
revisions will specify initial and refresher training regarding the
terms and conditions stated in the Proposed Decision and Order.
The petitioner further states that the nature of work at times will
require that surveying services that would be covered by this petition
be provided on short notice and, therefore, does not want the petitions
to apply to specific companies or mines. The petitioner states that the
list of companies and mines in this petition is not all-inclusive.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2011-046-C.
Petitioner: Alpha Engineering Services, Inc., 216 Business Street,
Beckley, West Virginia 25801.
Mines: Signature Mining, Coalburg No. 1 Mine, MSHA I.D. No. 46-
09082, and Newtown Energy, Coalburg No. 1 Mine, MSHA I.D. No. 46-08993,
and Patriot Coal, Harris No. 1 Mine, MSHA I.D. No. 46-01271, and
Newtown Energy, Peerless Rachel Mine, MSHA I.D. No. 46-09258, located
in Boone County, West Virginia; Arch-Wolf Run, Sentinel Mine, MSHA I.D.
No. 46-04168, located in Barbour County, West Virginia; Arch-Wolf Run,
Imperial Mine, MSHA I.D. No. 46-09115, and Arch-Wolf Run, Sago Mine,
MSHA I.D. No. 46-08791, located in Upshur County, West Virginia; Arch-
Wolf Run, Sycamore 2 Mine, MSHA I.D. No. 46-09060, located in Harrison
County, West Virginia; Arch-Tygart Valley LLC, Tygart No. 1 Mine, MSHA
I.D. No. 46-09192, located in Taylor County, West Virginia; Arch-
Beckley LLC, Beckley Pocahontas Mine, MSHA I.D. No. 46-09216, and
Performance Coal Co., Upper Big Branch Mine, MSHA I.D. No. 46-08436,
located in Raleigh County, West Virginia; Newtown Energy, Eagle Mine,
MSHA I.D. No. 46-08759, and Newtown Energy, Coalburg No. 2 Mine, MSHA
I.D. No. 46-09231, and Speed Mining LLC, American Eagle Mine, MSHA I.D.
No. 46-05437, located in Kanawha County, West Virginia; Prairie State,
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington
County, Illinois; Pinnacle Mining, Pinnacle Mine, MSHA I.D. No. 46-
01816, located in Wyoming 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 the
existing standard to permit the use of battery-powered non-permissible
surveying equipment outby the last open cross-cut in return airways,
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and laptop
computers. The petitioner proposes to use up-to-date, practical, and
accurate technology in the preparation of mine maps and ensure the
safety of the miners by providing proper and accurate mining
directional control in the mine. The petitioner states that:
(1) Application of the existing standard would result in a
diminution of safety to the miners.
(2) Underground mining, by its nature, size, complexity, and
relative closeness to other abandoned mines, gas/oil wells, and other
features, requires that accurate and precise measurements be completed
in a prompt and efficient manner.
(3) The use of currently available non-electronic equipment is less
accurate and less dependable than the available electronic equipment
and requires more exposure of surveyors to hazardous mining
environments. As an alternative to compliance with the existing
standard, the petitioner proposes the following:
(a) To examine all non-permissible electronic surveying equipment
prior to use in or inby the last open crosscut to ensure that the
equipment is being maintained in a safe operating condition, and have a
qualified person, as defined in 30 CFR 75.153, examine the equipment at
intervals not to exceed 7 days. The examination results will be
recorded in the weekly examination of electrical equipment book. The
examinations will include:
(i) Checks of the instrument for any physical damage and the
integrity of the case.
(ii) Removal of the battery and an inspection for corrosion and
damage.
(iii) Inspection of the contact points to ensure a secure
connection to the battery.
(iv) Reinsertion of the battery and a power-up and shut-down of the
instrument to ensure proper connections.
(v) Checks of the battery compartment cover to ensure that it is
securely fastened.
[[Page 9271]]
(b) A qualified person, as defined in 30 CFR 75.151, will
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.
(c) Non-permissible surveying equipment will 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 surveying
equipment is being used, the equipment will be deenergized immediately
and the non-permissible electronic equipment will be withdrawn out of
the return.
(d) Non-permissible surveying equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the surveying equipment will be changed
out or charged in fresh air and not in the return.
(f) Qualified personnel who use the surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of non-permissible surveying equipment.
(g) The non-permissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with the terms and conditions in this
petition.
(h) Within 60 days after the Proposed Decision and Order becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR Part 48 training plan to the District Manager. These proposed
revisions will specify initial and refresher training regarding the
terms and conditions stated in the Proposed Decision and Order.
The petitioner further states that the nature of work at times will
require that surveying services that would be covered by this petition
be provided on short notice and, therefore, does not want the petitions
to apply to specific companies or mines. The petitioner states that the
list of companies and mines in this petition is not all-inclusive.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2011-047-C.
Petitioner: Alpha Engineering Services, Inc., 216 Business Street,
Beckley, West Virginia 25801.
Mines: Signature Mining, Coalburg No. 1 Mine, MSHA I.D. No. 46-
09082, and Newtown Energy, Coalburg No. 1 Mine, MSHA I.D. No. 46-08993,
and Patriot Coal, Harris No. 1 Mine, MSHA I.D. No. 46-01271, and
Newtown Energy, Peerless Rachel Mine, MSHA I.D. No. 46-09258, located
in Boone County, West Virginia; Arch-Wolf Run, Sentinel Mine, MSHA I.D.
No. 46-04168, located in Barbour County, West Virginia; Arch-Wolf Run,
Imperial Mine, MSHA I.D. No. 46-09115, and Arch-Wolf Run, Sago Mine,
MSHA I.D. No. 46-08791, located in Upshur County, West Virginia; Arch-
Wolf Run, Sycamore 2 Mine, MSHA I.D. No. 46-09060, located in Harrison
County, West Virginia; Arch-Tygart Valley LLC, Tygart No. 1 Mine, MSHA
I.D. No. 46-09192, located in Taylor County, West Virginia; Arch-
Beckley LLC, Beckley Pocahontas Mine, MSHA I.D. No. 46-09216, and
Performance Coal Co., Upper Big Branch Mine, MSHA I.D. No. 46-08436,
located in Raleigh County, West Virginia; Newtown Energy, Eagle Mine,
MSHA I.D. No. 46-08759, and Newtown Energy, Coalburg No. 2 Mine, MSHA
I.D. No. 46-09231, and Speed Mining LLC, American Eagle Mine, MSHA I.D.
No. 46-05437, located in Kanawha County, West Virginia; Prairie State,
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington
County, Illinois; Pinnacle Mining, Pinnacle Mine, MSHA I.D. No. 46-
01816, located in Wyoming County, West Virginia.
Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered non-permissible
surveying equipment in shaft and slope construction, including, but not
limited to, portable battery-operated mine transits, total station
surveying equipment, distance meters, and laptop computers. The
petitioner proposes to use up-to-date, practical, and accurate
technology in the preparation of mine maps and ensure the safety of the
miners by providing proper and accurate mining directional control in
the mine. The petitioner states that:
(1) Application of the existing standard would result in a
diminution of safety to the miners.
(2) Underground mining, by its nature, size, complexity, and
relative closeness to other abandoned mines, gas/oil wells, and other
features, requires that accurate and precise measurements be completed
in a prompt and efficient manner.
(3) The use of currently available non-electronic equipment is less
accurate and less dependable than the available electronic equipment
and requires more exposure of surveyors to hazardous mining
environments. As an alternative to compliance with the existing
standard, the petitioner proposes the following:
(a) To examine all non-permissible electronic surveying equipment
prior to use in or inby the last open crosscut to ensure the equipment
is being maintained in a safe operating condition, and have a qualified
person, as defined in 30 CFR 75.153, examine the equipment at intervals
not to exceed 7 days. The examination results will be recorded in the
weekly examination of electrical equipment book. The examinations will
include:
(i) Checks of the instrument for any physical damage and the
integrity of the case.
(ii) Removal of the battery and an inspection for corrosion and
damage.
(iii) Inspection of the contact points to ensure a secure
connection to the battery.
(iv) Reinsertion of the battery and a power-up and shut-down of the
instrument to ensure proper connections.
(v) Checks of the battery compartment cover to ensure that it is
securely fastened.
(b) A qualified person, as defined in 30 CFR 75.151, will
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.
(c) Non-permissible surveying equipment will 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 surveying
equipment is being used, the equipment will be deenergized immediately
and the non-permissible electronic equipment will be withdrawn out of
the return.
(d) Non-permissible surveying equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the surveying equipment will be changed
out or charged in fresh air and not in the return.
(f) Qualified personnel who use the surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of non-permissible surveying equipment.
(g) The non-permissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with the terms and conditions in this
petition.
(h) Within 60 days after the Proposed Decision and Order becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR Part 48 training plan to the District Manager. These proposed
revisions will specify initial and refresher training regarding
[[Page 9272]]
the terms and conditions stated in the Proposed Decision and Order.
The petitioner further states that the nature of work at times will
require that surveying services that would be covered by this petition
be provided on short notice and, therefore, does not want the petitions
to apply to specific companies or mines. The petitioner states that the
list of companies and mines in this petition is not all-inclusive.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2011-014-M.
Petitioner: St. Marys Cement, Inc. (U.S.), 16000 Bells Ray Road,
P.O. Box 367, Charlevoix, Michigan 49720.
Mine: St. Marys Cement, Charlevoix Plant, MSHA I.D. No. 20-00038,
16000 Bells Ray Road, P.O. Box 367, Charlevoix, Michigan 49720.
Regulation Affected: 30 CFR 56.14101(a)(2) and (3) (Brakes).
Modification Request: The petitioner requests a modification of the
existing standard for self-propelled mobile equipment for its 1997
Tennant Sweeper, Model 830. The petitioner states that:
(1) The Tennant Sweeper is operated only on paved flat roads within
the surface mine property.
(2) The sweeper primarily operates with use of a hydraulic system.
When the foot is taken off the accelerator the sweeper stops.
(3) The back brakes are currently inoperable and the unit is so old
that the parts are hard to obtain to fix the system.
(4) The sweeper has a functional front braking system capable of
stopping and holding the vehicle with a full load on the steepest
incline it travels.
(5) The sweeper is operated only on day shift, only travels on dry
roads and dusty days when the roads are not wet or slippery, and is put
up for the winter.
(6) The sweeper is not capable of traveling over 5 miles per hour.
It is generally run between 3 and 5 miles per hour within the plant.
The standard on brakes requires at least 10 miles per hour to test the
brakes, and the sweeper cannot go that fast.
(7) The sweeper has a fully functional parking brake system capable
of holding the machine with a full load on the steepest incline it
travels.
(8) The unit is not being supported by Tennant, the manufacturer.
(9) Any spare parts that can be obtained will no longer be produced
once they are used up.
(10) What is available to fix the unit has been ordered, and the
unit is needed to comply with environmental regulations.
As an alternative, the petitioner proposes to rely on the hydraulic
system, the front brake system, and the parking brake to stop and hold
the equipment with its typical load on the maximum grade it travels.
The petitioner asserts that the proposed alternative method will at
all times guarantee the miners no less than the same measure of
protection as provided by the existing standard.
Dated: February 10, 2012.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2012-3614 Filed 2-15-12; 8:45 am]
BILLING CODE 4510-43-P
