Petitions for Modification of Application of Existing Mandatory Safety Standards, 19722-19737 [2012-7789]
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
the Office of Trade Adjustment
Assistance toll-free at 888–365–6822.
Dated: March 22, 2012.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–7797 Filed 3–30–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Certifications
of Eligibility To Apply for Worker
Adjustment Assistance
Petitions have been filed with the
Secretary of Labor under Section 221(a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221(a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing, provided such
request is filed in writing with the
Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than April 12, 2012.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than April 12, 2012.
The petitions filed in this case are
available for inspection at the Office of
the Director, Office of Trade Adjustment
Assistance, Employment and Training
Administration, U.S. Department of
Labor, Room N–5428, 200 Constitution
Avenue NW., Washington, DC, 20210.
Signed at Washington, DC, this 23rd day of
March 2012.
Michael Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[19 TAA petitions instituted between 3/12/12 and 3/16/12]
Subject firm
(petitioners)
Location
GC Services (Workers) ........................................................
Syngenta Crop Protection LLC (Workers) ...........................
OnBoard Research Corporation (Company) ........................
Auto Valve (State/One-Stop) ................................................
Franklin Building Material (State/One-Stop) .........................
Kraft Foods Global, Inc. (State/One-Stop) ...........................
Merck Pharmaceuticals (State/One-Stop) ............................
TE Connectivity (Workers) ...................................................
Covidien (Workers) ...............................................................
Tango Transport/GMGO (Company) ....................................
Nilfisk-Advance Incorporated (State/One-Stop) ...................
Fortis Plastics LLC (Company) ............................................
Panduit Corp. (Company) .....................................................
PepsiCo (Workers) ...............................................................
Avaya, Inc. (Union) ...............................................................
Thermo Fisher Scientific Milwaukee LLC (Company) ..........
Sony Electronics, Inc. (Company) ........................................
VF Americas Sourcing (Company) .......................................
Becromal of America, Inc. (Company) .................................
El Paso, TX ...........................
Grensboro, NC ......................
Carrollton, TX ........................
El Paso, TX ...........................
El Paso, TX ...........................
Coshocton, OH .....................
Kenilworth, NJ .......................
Jonestown, PA ......................
Mansfield, MA .......................
Shreveport, LA ......................
Plymouth, MN .......................
Wilmington, OH .....................
New Lenox, IL .......................
Plano, TX ..............................
Westminster, CO ...................
Milwaukee, WI .......................
San Diego, CA ......................
Plantation, FL ........................
Clinton, TN ............................
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[FR Doc. 2012–7796 Filed 3–30–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
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AGENCY:
ACTION:
Notice.
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:
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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 May 2, 2012.
ADDRESSES: 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.
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Date of
institution
03/12/12
03/12/12
03/12/12
03/12/12
03/13/12
03/13/12
03/13/12
03/14/12
03/14/12
03/14/12
03/14/12
03/14/12
03/14/12
03/15/12
03/15/12
03/16/12
03/16/12
03/16/12
03/16/12
Date of
petition
03/09/12
03/12/12
03/09/12
03/09/12
03/08/12
03/12/12
03/12/12
03/06/12
03/13/12
03/13/12
03/07/12
03/14/12
02/21/12
03/14/12
03/14/12
03/14/12
03/15/12
03/14/12
03/15/12
3. Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939,
Attention: George F. Triebsch, 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
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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
(Email), 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.
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II. Petitions for Modification
Docket Numbers: M–2012–030–C.
Petitioner: Rhino Eastern, LLC, P.O.
Box 260, Bolt, West Virginia 25817.
Mines: Eagle No. 2 Mine, MSHA I.D.
No. 46–09201; 600 Glen Rogers
Ravencliff Road, Glen Rogers, West
Virginia 25817, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of blowoff dust covers for the spray nozzles of
a deluge-type water spray system. The
petitioner states that:
(1) Inspection and functional testing
of the complete deluge-type water spray
system are conducted weekly.
(2) Currently, each spray nozzle is
provided with blow-off dust covers.
(3) In view of frequent inspections
and functional testing of the system, the
dust covers are not necessary because
the nozzles can be maintained in an
unclogged condition through weekly
use. The proposed modification will
eliminate the potential hazard of
reaching across or removing guarding to
replace the caps.
(4) It is burdensome to remove blowoff dust covers from the nozzles and
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recap the large number of covers on a
weekly basis after each inspection and
functional test. The petitioner proposes
to remove the covers and conduct
weekly inspection and functional
testing of the complete deluge-type
water spray system.
The petitioner asserts that the
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by the
existing standard.
Docket Numbers: M–2012–031–C.
Petitioner: White Oak Resources, LLC,
121 S. Jackson Street, P.O. Box 339,
McLeansboro, Illinois 62859.
Mines: White Oak Mine No. 1, MSHA
I.D. No. 11–03203, 121 S. Jackson Street,
P.O. Box 339, McLeansboro, Illinois
62859, located in Hamilton County,
Illinois.
Regulation Affected: 30 CFR
75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and
performance requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of a motor
grader equipped with an OEM braking
system with design features and
operating procedures that will provide
the same measure of protection as the
existing standard for the Getman
Roadbuilder (motor grader), Model
RDG–1540C, Serial Number 460–004.
The petitioner states that:
(1) The use of motor graders has
contributed to the maintenance of safe
travelways, including escapeways, and
has been a contributing factor to the safe
operation of underground mines.
(2) Enforcement of this regulation, on
this particular machine, prohibits its use
and will adversely affect the ability to
maintain underground roadways in a
safe condition.
(3) As designed and built, this
machine has four drive wheels (rear)
and two front (steering) wheels. There
are dual brake systems on the four rear
wheels and no braking system on the
front wheels. Approximately 74 percent
of the total machine weight is over the
four rear wheels.
(4) The weight distribution assures
that the brakes on the rear wheels of the
motor grader are sufficient to safely stop
the machine.
(5) The proposed alternative method
may even provide a greater degree of
safety in certain in-mine conditions.
Various roadway maintenance products
are frequently needed to provide a
roadway free of wet, muddy conditions
that affect safe steering and braking
functions. Rock and gravel are
frequently used in these conditions. The
application of a front braking system
may cause the motor grader to skid on
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19723
the previously applied gravel, especially
on grades, and compromise steering.
(6) The rear wheels will travel over a
more uniform floor as they are
positioned behind the lowered
moldboard and braking would occur on
a superior floor condition.
(7) The front axle is subject to
numerous directional forces from the
axle oscillation, wheel steering that can
range up to 50 degrees both left and
right as well as the wheels leaning up
to 18 degrees making the application of
brakes on these wheels impracticable
and potentially counterproductive. The
petitioner proposes the following
alternative method:
(a) The maximum speeds of the grader
will be less than 10 miles per hour
(mph) both forward and reverse by
permanently blocking out any gear or
gear ratio that provides higher speeds or
by using transmission(s) and
differential(s) geared in accordance with
the manufacturer that limits the
maximum speed to 10 mph.
(b) The motor grader/road builder will
comply with all other design and safety
performance requirements contained in
30 CFR 75.1909 and 75.1910.
(c) Grader operators will be trained to
lower the moldboard, the component
that performs the grading function, to
provide additional stopping capability
in emergency situations. This training
will be documented on MSHA Form
5000–23.
(d) Items (a) and (c) of the alternative
method above will be included in the
initial and refresher training required in
30 CFR Part 48.
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 Numbers: M–2012–032–C, M–
2012–033–C, and M–2012–034–C.
Petitioner: Midland Trail Energy, LLC,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mines: Blue Creek No. 1 Mine, MSHA
I.D. No. 46–09297, Docket No. M–2012–
032–C; Blue Creek No. 2 Mine, MSHA
I.D. No. 46–09296, Docket No. M–2012–
033–C; and Campbells Creek No. 7
Mine, MSHA I.D. No. 46–09107, Docket
No. M–2012–034–C; 3301 Point Lick
Road, Charleston, West Virginia 25306,
located in Kanawha 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 an alternative
method of compliance to permit the use
of battery-powered nonpermissible
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19724
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
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will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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 Numbers: M–2012–035–C, M–
2012–036–C, and M–2012–037–C.
Petitioner: Midland Trail Energy, LLC,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mines: Blue Creek No. 1 Mine, MSHA
I.D. No. 46–09297, Docket No. M–2012–
035–C; Blue Creek No. 2 Mine, MSHA
I.D. No. 46–09296, Docket No. M–2012–
036–C; and Campbells Creek No. 7
Mine, MSHA I.D. No. 46–09107, Docket
No. M–2012–037–C; 3301 Point Lick
Road, Charleston, West Virginia 25306,
located in Kanawha County, West
Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
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meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation and mine maps in 30
CFR 75.372 and 75.1200, use of the most
practical and accurate surveying
equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
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(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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 Numbers: M–2012–038–C, M–
2012–039–C, and M–2012–040–C.
Petitioner: Midland Trail Energy, LLC,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mines: Blue Creek No. 1 Mine, MSHA
I.D. No. 46–09297, Docket No. M–2012–
038–C; Blue Creek No. 2 Mine, MSHA
I.D. No. 46–09296, Docket No. M–2012–
039–C; and Campbells Creek No. 7
Mine, MSHA I.D. No. 46–09107, Docket
No. M–2012–040–C, 3301 Point Lick
Road, Charleston, West Virginia 25306,
located in Kanawha County, West
Virginia.
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 nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
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the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
mines that may mine in close proximity
to these same active mines it is
necessary to determine the exact
location and extent of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
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19725
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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 Numbers: M–2012–041–C and
M–2012–042–C.
Petitioner: Speed Mining, LLC, Three
Gateway Center, Suite 1340, 401 Liberty
Avenue, Pittsburgh, Pennsylvania
15222–1000.
Mines: Coon Hollow Tunnel Mine,
MSHA I.D. No. 46–09099, Docket No.
M–2012–041–C; and American Eagle
Mine, MSHA I.D. No. 46–05437, Docket
No. M–2012–042–C; 200 Remington
Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in
Kanawha 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 an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
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the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
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17:42 Mar 30, 2012
Jkt 226001
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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 Numbers: M–2012–043–C and
M–2012–044–C.
Petitioner: Speed Mining, LLC, Three
Gateway Center, Suite 1340, 401 Liberty
Avenue, Pittsburgh, Pennsylvania
15222–1000.
Mines: Coon Hollow Tunnel Mine,
MSHA I.D. No. 46–09099, Docket No.
M–2012–043–C; and American Eagle
Mine, MSHA I.D. No. 46–05437, Docket
No. M–2012–044–C; 200 Remington
Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in
Kanawha County, West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
PO 00000
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Fmt 4703
Sfmt 4703
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard: (a) Nonpermissible
electronic surveying equipment will be
used when equivalent permissible
electronic surveying equipment is not
available. Such nonpermissible
surveying equipment includes portable
battery-operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
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nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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 Numbers: M–2012–045–C and
M–2012–046–C.
Petitioner: Speed Mining, LLC, Three
Gateway Center, Suite 1340, 401 Liberty
Avenue, Pittsburgh, Pennsylvania
15222–1000.
Mines: Coon Hollow Tunnel Mine,
MSHA I.D. No. 46–09099, Docket No.
M–2012–045–C; and American Eagle
Mine, MSHA I.D. No. 46–05437, Docket
No. M–2012–046–C; 200 Remington
Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in
Kanawha County, West Virginia.
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 nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, and 75.1200, use of
the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
mines that may mine in close proximity
to these same active mines it is
necessary to determine the exact
location and extents of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard: (a) Nonpermissible
electronic surveying equipment will be
used when equivalent permissible
electronic surveying equipment is not
available. Such nonpermissible
surveying equipment includes portable
battery-operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
19727
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–047–C.
Petitioner: Dodge Hill Mining
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Dodge Hill No. 1 Mine, MSHA
I.D. No. 15–18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located
in Union County, Kentucky.
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 nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) In order to comply with
requirements for mine ventilation maps
and mine maps in 30 CFR 75.372 and
75.1200, use of the most practical and
accurate surveying equipment is
necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
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(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–048–C.
Petitioner: Dodge Hill Mining
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Dodge Hill No. 1 Mine, MSHA
I.D. No. 15–18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located
in Union County, Kentucky.
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 nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard: (a) Nonpermissible
electronic surveying equipment will be
used when equivalent permissible
electronic surveying equipment is not
available. Such nonpermissible
surveying equipment includes portable
battery-operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–049–C.
Petitioner: Dodge Hill Mining
Company, LLC, Three Gateway Center,
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Dodge Hill No. 1 Mine, MSHA
I.D. No. 15–18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located
in Union County, Kentucky.
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 nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, and 75.1200, use of
the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
mines that may mine in close proximity
to these same active mines it is
necessary to determine the exact
location and extents of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–050–C.
Petitioner: Ohio County Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
PO 00000
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Sfmt 4703
19729
Mine: Freedom Mine, MSHA I.D. No.
15–17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in
Henderson County, Kentucky.
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 nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
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monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–051–C.
Petitioner: Ohio County Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Freedom Mine, MSHA I.D. No.
15–17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in
Henderson County, Kentucky.
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 nonpermissible
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–052–C.
Petitioner: Ohio County Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Freedom Mine, MSHA I.D. No.
15–17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in
Henderson County, Kentucky.
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 nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, and 75.1200, use of
the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
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mines that may mine in close proximity
to these same active mines it is
necessary to determine the exact
location and extents of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
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17:42 Mar 30, 2012
Jkt 226001
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–053–C.
Petitioner: Remington, LLC, Three
Gateway Center, Suite 1340, 401 Liberty
Avenue, Pittsburgh, Pennsylvania
15222–1000.
Mine: Winchester Mine, MSHA I.D.
No. 46–09230, 800 Toms Fork, Eskdale,
West Virginia 25075, located in
Kanawha 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 an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
19731
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
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(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–054–C.
Petitioner: Remington, LLC, Three
Gateway Center, Suite 1340, 401 Liberty
Avenue, Pittsburgh, Pennsylvania
15222–1000.
Mine: Winchester Mine, MSHA I.D.
No. 46–09230, 800 Toms Fork, Eskdale,
West Virginia 25075, located in
Kanawha County, West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–055–C.
Petitioner: Remington, LLC, Three
Gateway Center, Suite 1340, 401 Liberty
Avenue, Pittsburgh, Pennsylvania
15222–1000.
Mine: Winchester Mine, MSHA I.D.
No. 46–09230, 800 Toms Fork, Eskdale,
West Virginia 25075, located in
Kanawha County, West Virginia.
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 nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, and 75.1200, use of
the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
mines that may mine in close proximity
to these same active mines it is
necessary to determine the exact
location and extents of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
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condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
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–2012–056–C.
Petitioner: Sage Creek Coal Company,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Peabody Sage Creek Mine,
MSHA I.D. No. 05–04952, 29615 PCR
33, Oak Creek, Colorado 80467, located
in Routt 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 battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable battery
operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
19733
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–057–C.
Petitioner: Sage Creek Coal Company,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Peabody Sage Creek Mine,
MSHA I.D. No. 05–04952, 29615 PCR
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33, Oak Creek, Colorado 80467, located
in Routt County, Colorado.
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 nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
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17:42 Mar 30, 2012
Jkt 226001
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–058–C.
Petitioner: Sage Creek Coal Company,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Peabody Sage Creek Mine,
MSHA I.D. No. 05–04952, 29615 PCR
33, Oak Creek, Colorado 80467, located
in Routt County, Colorado.
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 nonpermissible
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Sfmt 4703
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, and 75.1200, use of
the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
mines that may mine in close proximity
to these same active mines it is
necessary to determine the exact
location and extents of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard: (a) Nonpermissible
electronic surveying equipment will be
used when equivalent permissible
electronic surveying equipment is not
available. Such nonpermissible
surveying equipment includes portable
battery-operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
E:\FR\FM\02APN1.SGM
02APN1
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–059–C.
Petitioner: Eastern Associated Coal,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Matewan Tunnel Mine, MSHA
I.D. No. 46–08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located
in Boone 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 an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard: (a) Nonpermissible
electronic surveying equipment will be
used when equivalent permissible
electronic surveying equipment is not
available. Such nonpermissible
surveying equipment includes portable
battery-operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
PO 00000
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Fmt 4703
Sfmt 4703
19735
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air outby the last
open crosscut.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–060–C.
Petitioner: Eastern Associated Coal,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Matewan Tunnel Mine, MSHA
I.D. No. 46–08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located
in Boone 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 an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
E:\FR\FM\02APN1.SGM
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mstockstill on DSK4VPTVN1PROD with NOTICES
19736
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
manner. The petitioner proposes the
following as an alternative to the
existing standard: (a) Nonpermissible
electronic surveying equipment will be
used when equivalent permissible
electronic surveying equipment is not
available. Such nonpermissible
surveying equipment includes portable
battery-operated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air out of the
return.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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–2012–061–C.
Petitioner: Eastern Associated Coal,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Matewan Tunnel Mine, MSHA
I.D. No. 46–08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located
in Boone County, West Virginia.
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 nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) In order to comply with
requirements of 30 CFR 75.372,
75.1002(a), and 75.1200, use of the most
practical and accurate surveying
equipment is necessary. In order to
ensure the safety of the miners in active
mines and to protect miners in future
mines which may mine in close
proximity to these same active mines it
is necessary to determine the exact
location and extents of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
PO 00000
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Fmt 4703
Sfmt 4703
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(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.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA upon
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries contained in the
surveying equipment must be changed
out or charged in fresh air more than
150 feet from pillar workings.
(h) Qualified personnel engaged in the
use of surveying equipment will be
properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible surveying
equipment in areas where methane
could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
compliance with all the terms and
conditions in this petition.
(j) 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.
The revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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.
Dated: March 28, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2012–7789 Filed 3–30–12; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0009]
The Asbestos in Shipyards Standard;
Extension of the Office of Management
and Budget’s Approval of Information
Collection (Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Asbestos in Shipyards
Standard (29 CFR 1915.1001).
DATES: Comments must be submitted
(postmarked, sent, or received) by
June 1, 2012.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://www.regulations.
gov, which is the Federal e-Rulemaking
Portal. Follow the instructions online
for submitting comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2012–0009, U.S. Department of
Labor, Occupational Safety and Health
Administration, Room N–2625, 200
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SUMMARY:
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
Constitution Avenue NW., Washington,
DC 20210. Deliveries (hand, express
mail, messenger, and courier service)
are accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number (OSHA–2012–0009) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://www.
regulations.gov index; however, some
information (e.g., copyrighted material)
is not publicly available to read or
download from the Web site. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accord with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)).
This program ensures that
information is in the desired format,
reporting burden (time and costs) is
minimal, collection instruments are
clearly understood, and OSHA’s
estimate of the information collection
burden is accurate. The Occupational
Safety and Health Act of 1970 (the OSH
Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as
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19737
necessary or appropriate for
enforcement of the OSH Act or for
developing information regarding the
causes and prevention of occupational
injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires
that OSHA obtain such information
with minimum burden upon employers,
especially those operating small
businesses, and to reduce to the
maximum extent feasible unnecessary
duplication of efforts in obtaining
information (29 U.S.C. 657).
The information collection
requirements specified in the Asbestos
in Shipyards Standard protect workers
from the adverse health effects that may
result from occupational exposure to
asbestos. The major information
collection requirements in the Standard
include: Implementing an exposure
monitoring program that informs
workers of their exposure-monitoring
results; at multi-employer worksites,
when establishing regulated areas for
the type of work performed with
asbestos-containing materials (ACMs)
and/or presumed asbestos-containing
materials (PACMs), employers notifying
other on-site employers of the
requirements that pertain to regulated
areas, and the measures the employers
can use to protect their workers from
asbestos overexposure; developing
specific information and training
programs for workers; providing
medical surveillance for workers
potentially exposed to ACMs and/or
PACMs, including administering a
worker medical questionnaire,
providing information to the examining
physician, and providing the
physician’s written opinion to the
worker; and maintaining records of
objective data used for exposure
determinations, worker exposure
monitoring and medical surveillance
records, training records, the record
(i.e., information, data, and analyses)
used to demonstrate that PACMs do not
contain asbestos, and notifications made
and received by building/facility owners
regarding the content of ACMs and
PACMs.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
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]]>Agencies
[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19722-19737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7789]
-----------------------------------------------------------------------
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 May 2, 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: George F. Triebsch, 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
[[Page 19723]]
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 (Email), 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 Numbers: M-2012-030-C.
Petitioner: Rhino Eastern, LLC, P.O. Box 260, Bolt, West Virginia
25817.
Mines: Eagle No. 2 Mine, MSHA I.D. No. 46-09201; 600 Glen Rogers
Ravencliff Road, Glen Rogers, West Virginia 25817, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. The petitioner
states that:
(1) Inspection and functional testing of the complete deluge-type
water spray system are conducted weekly.
(2) Currently, each spray nozzle is provided with blow-off dust
covers.
(3) In view of frequent inspections and functional testing of the
system, the dust covers are not necessary because the nozzles can be
maintained in an unclogged condition through weekly use. The proposed
modification will eliminate the potential hazard of reaching across or
removing guarding to replace the caps.
(4) It is burdensome to remove blow-off dust covers from the
nozzles and recap the large number of covers on a weekly basis after
each inspection and functional test. The petitioner proposes to remove
the covers and conduct weekly inspection and functional testing of the
complete deluge-type water spray system.
The petitioner asserts that the alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by the existing standard.
Docket Numbers: M-2012-031-C.
Petitioner: White Oak Resources, LLC, 121 S. Jackson Street, P.O.
Box 339, McLeansboro, Illinois 62859.
Mines: White Oak Mine No. 1, MSHA I.D. No. 11-03203, 121 S. Jackson
Street, P.O. Box 339, McLeansboro, Illinois 62859, located in Hamilton
County, Illinois.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of a motor grader equipped with an
OEM braking system with design features and operating procedures that
will provide the same measure of protection as the existing standard
for the Getman Roadbuilder (motor grader), Model RDG-1540C, Serial
Number 460-004. The petitioner states that:
(1) The use of motor graders has contributed to the maintenance of
safe travelways, including escapeways, and has been a contributing
factor to the safe operation of underground mines.
(2) Enforcement of this regulation, on this particular machine,
prohibits its use and will adversely affect the ability to maintain
underground roadways in a safe condition.
(3) As designed and built, this machine has four drive wheels
(rear) and two front (steering) wheels. There are dual brake systems on
the four rear wheels and no braking system on the front wheels.
Approximately 74 percent of the total machine weight is over the four
rear wheels.
(4) The weight distribution assures that the brakes on the rear
wheels of the motor grader are sufficient to safely stop the machine.
(5) The proposed alternative method may even provide a greater
degree of safety in certain in-mine conditions. Various roadway
maintenance products are frequently needed to provide a roadway free of
wet, muddy conditions that affect safe steering and braking functions.
Rock and gravel are frequently used in these conditions. The
application of a front braking system may cause the motor grader to
skid on the previously applied gravel, especially on grades, and
compromise steering.
(6) The rear wheels will travel over a more uniform floor as they
are positioned behind the lowered moldboard and braking would occur on
a superior floor condition.
(7) The front axle is subject to numerous directional forces from
the axle oscillation, wheel steering that can range up to 50 degrees
both left and right as well as the wheels leaning up to 18 degrees
making the application of brakes on these wheels impracticable and
potentially counterproductive. The petitioner proposes the following
alternative method:
(a) The maximum speeds of the grader will be less than 10 miles per
hour (mph) both forward and reverse by permanently blocking out any
gear or gear ratio that provides higher speeds or by using
transmission(s) and differential(s) geared in accordance with the
manufacturer that limits the maximum speed to 10 mph.
(b) The motor grader/road builder will comply with all other design
and safety performance requirements contained in 30 CFR 75.1909 and
75.1910.
(c) Grader operators will be trained to lower the moldboard, the
component that performs the grading function, to provide additional
stopping capability in emergency situations. This training will be
documented on MSHA Form 5000-23.
(d) Items (a) and (c) of the alternative method above will be
included in the initial and refresher training required in 30 CFR Part
48.
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 Numbers: M-2012-032-C, M-2012-033-C, and M-2012-034-C.
Petitioner: Midland Trail Energy, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Blue Creek No. 1 Mine, MSHA I.D. No. 46-09297, Docket No. M-
2012-032-C; Blue Creek No. 2 Mine, MSHA I.D. No. 46-09296, Docket No.
M-2012-033-C; and Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107,
Docket No. M-2012-034-C; 3301 Point Lick Road, Charleston, West
Virginia 25306, located in Kanawha 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 an alternative method of compliance to
permit the use of battery-powered nonpermissible
[[Page 19724]]
surveying equipment in or inby the last open crosscut, including, but
not limited to, portable battery-operated mine transits, total station
surveying equipment, distance meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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 Numbers: M-2012-035-C, M-2012-036-C, and M-2012-037-C.
Petitioner: Midland Trail Energy, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Blue Creek No. 1 Mine, MSHA I.D. No. 46-09297, Docket No. M-
2012-035-C; Blue Creek No. 2 Mine, MSHA I.D. No. 46-09296, Docket No.
M-2012-036-C; and Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107,
Docket No. M-2012-037-C; 3301 Point Lick Road, Charleston, West
Virginia 25306, located in Kanawha County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation and mine maps
in 30 CFR 75.372 and 75.1200, use of the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
[[Page 19725]]
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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 Numbers: M-2012-038-C, M-2012-039-C, and M-2012-040-C.
Petitioner: Midland Trail Energy, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Blue Creek No. 1 Mine, MSHA I.D. No. 46-09297, Docket No. M-
2012-038-C; Blue Creek No. 2 Mine, MSHA I.D. No. 46-09296, Docket No.
M-2012-039-C; and Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107,
Docket No. M-2012-040-C, 3301 Point Lick Road, Charleston, West
Virginia 25306, located in Kanawha County, West Virginia.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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 Numbers: M-2012-041-C and M-2012-042-C.
Petitioner: Speed Mining, LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Coon Hollow Tunnel Mine, MSHA I.D. No. 46-09099, Docket No.
M-2012-041-C; and American Eagle Mine, MSHA I.D. No. 46-05437, Docket
No. M-2012-042-C; 200 Remington Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in Kanawha 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 an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of
[[Page 19726]]
the most practical and accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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 Numbers: M-2012-043-C and M-2012-044-C.
Petitioner: Speed Mining, LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Coon Hollow Tunnel Mine, MSHA I.D. No. 46-09099, Docket No.
M-2012-043-C; and American Eagle Mine, MSHA I.D. No. 46-05437, Docket
No. M-2012-044-C; 200 Remington Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in Kanawha County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard: (a) Nonpermissible electronic surveying equipment will be
used when equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of
[[Page 19727]]
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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 Numbers: M-2012-045-C and M-2012-046-C.
Petitioner: Speed Mining, LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Coon Hollow Tunnel Mine, MSHA I.D. No. 46-09099, Docket No.
M-2012-045-C; and American Eagle Mine, MSHA I.D. No. 46-05437, Docket
No. M-2012-046-C; 200 Remington Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in Kanawha County, West Virginia.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extents of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard: (a) Nonpermissible electronic surveying equipment will be
used when equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-047-C.
Petitioner: Dodge Hill Mining Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Dodge Hill No. 1 Mine, MSHA I.D. No. 15-18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located in Union County, Kentucky.
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 nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) In order to comply with requirements for mine ventilation maps
and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical
and accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
[[Page 19728]]
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-048-C.
Petitioner: Dodge Hill Mining Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Dodge Hill No. 1 Mine, MSHA I.D. No. 15-18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located in Union County, Kentucky.
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 nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard: (a) Nonpermissible electronic surveying equipment will be
used when equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-049-C.
Petitioner: Dodge Hill Mining Company, LLC, Three Gateway Center,
[[Page 19729]]
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Dodge Hill No. 1 Mine, MSHA I.D. No. 15-18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located in Union County, Kentucky.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extents of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-050-C.
Petitioner: Ohio County Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Freedom Mine, MSHA I.D. No. 15-17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in Henderson County, Kentucky.
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 nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously
[[Page 19730]]
monitor for methane immediately before and during the use of
nonpermissible surveying equipment in or inby the last open crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-051-C.
Petitioner: Ohio County Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Freedom Mine, MSHA I.D. No. 15-17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in Henderson County, Kentucky.
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 nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-052-C.
Petitioner: Ohio County Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Freedom Mine, MSHA I.D. No. 15-17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in Henderson County, Kentucky.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future
[[Page 19731]]
mines that may mine in close proximity to these same active mines it is
necessary to determine the exact location and extents of the mine
workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-053-C.
Petitioner: Remington, LLC, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Winchester Mine, MSHA I.D. No. 46-09230, 800 Toms Fork,
Eskdale, West Virginia 25075, located in Kanawha 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 an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
[[Page 19732]]
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-054-C.
Petitioner: Remington, LLC, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Winchester Mine, MSHA I.D. No. 46-09230, 800 Toms Fork,
Eskdale, West Virginia 25075, located in Kanawha County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-055-C.
Petitioner: Remington, LLC, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Winchester Mine, MSHA I.D. No. 46-09230, 800 Toms Fork,
Eskdale, West Virginia 25075, located in Kanawha County, West Virginia.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extents of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating
[[Page 19733]]
condition. These examinations will include the following steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-056-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA I.D. No. 05-04952, 29615 PCR
33, Oak Creek, Colorado 80467, located in Routt 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 battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-057-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA I.D. No. 05-04952, 29615 PCR
[[Page 19734]]
33, Oak Creek, Colorado 80467, located in Routt County, Colorado.
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 nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-058-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA I.D. No. 05-04952, 29615 PCR
33, Oak Creek, Colorado 80467, located in Routt County, Colorado.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extents of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard: (a) Nonpermissible electronic surveying equipment will be
used when equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
[[Page 19735]]
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-059-C.
Petitioner: Eastern Associated Coal, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Matewan Tunnel Mine, MSHA I.D. No. 46-08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located in Boone 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 an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard: (a) Nonpermissible electronic surveying equipment will be
used when equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-060-C.
Petitioner: Eastern Associated Coal, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Matewan Tunnel Mine, MSHA I.D. No. 46-08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located in Boone 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 an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient
[[Page 19736]]
manner. The petitioner proposes the following as an alternative to the
existing standard: (a) Nonpermissible electronic surveying equipment
will be used when equivalent permissible electronic surveying equipment
is not available. Such nonpermissible surveying equipment includes
portable battery-operated total station surveying equipment, mine
transits, distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of nonpermissible surveying equipment in areas where methane could
be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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-2012-061-C.
Petitioner: Eastern Associated Coal, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Matewan Tunnel Mine, MSHA I.D. No. 46-08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located in Boone County, West Virginia.
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 nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) In order to comply with requirements of 30 CFR 75.372,
75.1002(a), and 75.1200, use of the most practical and accurate
surveying equipment is necessary. In order to ensure the safety of the
miners in active mines and to protect miners in future mines which may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extents of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(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.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards and limitations
associated with the use of nonpermissible surveying equipment in areas
where methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in
[[Page 19737]]
compliance with all the terms and conditions in this petition.
(j) 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. The revisions
will specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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.
Dated: March 28, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-7789 Filed 3-30-12; 8:45 am]
BILLING CODE 4510-43-P
