Petitions for Modification of Application of Existing Mandatory Safety Standards, 19722-19737 [2012-7789]

Download as PDF 19722 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 ............................ TA–W 81407 81408 81409 81410 81411 81412 81413 81414 81415 81416 81417 81418 81419 81420 81421 81422 81423 81424 81425 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ [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. mstockstill on DSK4VPTVN1PROD with NOTICES 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: VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 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. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 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 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 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 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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. E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices (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 VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 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 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 19726 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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. VerDate Mar<15>2010 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 Frm 00117 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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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. E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 19728 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices (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, E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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 Frm 00120 Fmt 4703 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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 19730 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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 VerDate Mar<15>2010 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. E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 19732 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices (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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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 E:\FR\FM\02APN1.SGM 02APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 19734 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 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. VerDate Mar<15>2010 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 PO 00000 Frm 00125 Fmt 4703 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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 Frm 00126 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 02APN1 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 Frm 00127 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 E:\FR\FM\02APN1.SGM 02APN1 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 http://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 mstockstill on DSK4VPTVN1PROD with NOTICES 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 http://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 http://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 http://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 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 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; E:\FR\FM\02APN1.SGM 02APN1

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]


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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