Petitions for Modification of Application of Existing Mandatory Safety Standards, 37926-37936 [2012-15394]

Download as PDF 37926 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices ANNUAL BURDEN ESTIMATES FOR WIA EVALUATION FOLLOW-UP SURVEYS, COST DATA COLLECTION, AND VETERANS SUPPLEMENTAL STUDY Number of respondents 1 Activity Responses per respondent Average time per response Total respondent burden (hours) 2 Follow-Up Surveys 15-Month Follow-Up Survey .............................................. 30-Month Follow-Up Survey .............................................. 2,460 2,460 1 1 40 minutes ................................... 30 minutes ................................... 1,640 1,230 1 1 1 720 minutes (12 hours) ............... 75 minutes (1.25 hours) .............. 0.5 minutes .................................. 336 420 83 20 60 60 60 60 Cost Data Collection Program Costs Questionnaire ........................................... Front-Line Staff Activity Log .............................................. Resource Room Sign-in Sheets ........................................ 28 336 10,000 Veterans Supplemental Study WIA/ES Staff Interviews ..................................................... DVOP/LVER Staff Interviews ............................................. State Veteran Coordinator Interviews ................................ Staff Preparation for Focus Groups ................................... Focus Groups—Veterans .................................................. 168 56 19 8 56 1 1 1 1 1 Annual Total Burden ................................................... ........................ ........................ minutes minutes minutes minutes minutes ................................... ................................... ................................... ................................... ................................... 56 56 19 8 56 ...................................................... 3,896 1 Attempts erowe on DSK2VPTVN1PROD with NOTICES will be made to complete interviews with 6,000 sample members in each wave of the follow-up surveys (at 15- and 30-months). To achieve the targeted response rate of 82 percent, we expect to complete interviews with 2,460 sample members for each survey each year. Each follow-up survey will be fielded over a 2-year period. 2 Numbers may not be exact due to rounding. Follow-Up Surveys. Each of the two evaluation follow-up surveys will be administered once to each respondent. The surveys were designed to take an average of 40 minutes to complete using computer-assisted telephone interviewing for the 15-month follow-up survey, and 30 minutes for the 30month follow-up survey. Therefore, the total annual burden to conduct the 15month follow-up survey is 1,640 hours (= 4,920 interviews ÷ 2 years × 2⁄3 hours per interview), and 1,230 hours to conduct the 30-month follow-up survey (= 4,920 interviews ÷ 2 years × 0.5 hours per interview). Cost Data Collection. Each of the program cost questionnaires will be administered once to each of the 28 sites participating in the WIA evaluation. The total annual burden for collection of cost data is 336 hours (= 28 sites × 12 hours per questionnaire). The front-line activity logs will be completed by 12 front-line staff in each of the 28 sites participating in the WIA evaluation. The total annual burden for completing the front-line activity logs will be 420 hours (= 12 staff × 28 sites × 75 minutes ÷ 60 minutes). The resource room sign-in sheets will be completed by 10,000 individuals accessing services in the 28 sites participating in the WIA Evaluation. Signing into the resource room will take an estimated 30 seconds (.5 minute) per respondent. Thus, the total annual burden for the resource VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 room sign-in sheets will be 83 hours (= 10,000 respondents × 0.5 minutes ÷ 60 minutes). Veterans’ Supplemental Study. The interviews with WIA and ES staff will be conducted once with 6 staff in each of the 28 sites for an expected 20 minutes per interview. Therefore, the total annual burden will be 56 hours (= 6 staff × 28 sites × 20 minutes ÷ 60 minutes). The interviews with DVOP/ LVER staff will be conducted once with 2 staff in each of the 28 sites for an expected 60 minutes per interview. The total annual burden will be 56 hours (= 2 staff x 28 sites x 60 minutes ÷ 60 minutes). The interviews with state veteran coordinators will be conducted once with 1 coordinator in each of 19 states with LWIAs participating in the evaluation and are expected to be 60 minutes per interview. The total annual burden will be 19 hours (= 1 staff × 19 states × 60 minutes ÷ 60 minutes). The staff preparation for veteran focus group discussions in 8 LWIAs will last 60 minutes per site. The total annual burden will be 8 hours (= 8 sites × 60 minutes ÷ 60 minutes). The focus groups with an average of 6-to-8 veteran respondents in 8 sites will last an estimated 60 minutes. The total annual burden for veterans focus group discussions will be 56 hours (= 7 focus group discussants × 8 sites × 60 minutes ÷ 60 minutes). The total annual burden PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 estimate for collection in this package is estimated to be 3,896 hours. Comments submitted in response to this request will be summarized and/or included in the request for OMB approval; they will also become a matter of public record. Signed at Washington, DC, this 19th day of June 2012. Jane Oates, Assistant Secretary for Employment and Training. [FR Doc. 2012–15417 Filed 6–22–12; 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. ACTION: Notice. AGENCY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below to modify the application of existing mandatory safety standards SUMMARY: E:\FR\FM\25JNN1.SGM 25JNN1 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices 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 July 25, 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. 3. Regular Mail or Hand Delivery: 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. Persons delivering documents are required to check in at the receptionist’s desk on the 21st floor. Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above. MSHA will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, Regulations and Variances at 202–693– 9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Facsimile). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: erowe on DSK2VPTVN1PROD with NOTICES I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: (1) An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or (2) That the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modification. II. Petitions for Modification Docket Number: M–2012–081–C. VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 Petitioner: White Oak Resources, LLC, 121 S. Jackson Street, McLeansboro, Illinois 62859. Mine: White Oak Mine No. 1, MSHA I.D. No. 11–03203, located in Hamilton County, Illinois. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment) Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible electronic testing or diagnostic equipment in or inby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used includes: Laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; insulation testers (meggers); voltage, current, and power measurement devices; signal analyzer devices; ultrasonic thickness gauges; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All other testing and diagnostic equipment used in or inby the last open crosscut will be permissible. (3) All nonpermissible testing and diagnostic used in or inby the last open crosscut will be examined by a qualified person (as defined in 30 CFR 75.153) prior to use to ensure the equipment is being maintained in a safe operating condition. These examinations results will be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (4) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut. (5) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment withdrawn outby the last open crosscut. (6) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (7) Except for time necessary to troubleshoot under actual mining conditions, coal production in the PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 37927 section will cease. However, coal may remain in or on the equipment to test and diagnose the equipment under ‘‘load.’’ (8) Nonpermissible electronic testing and diagnostic equipment will not be used to test equipment when coal dust is in suspension. (9) All electronic testing and diagnostic equipment will be used in accordance with the safe use procedures recommended by the manufacturer. (10) Qualified personnel who use electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with use of the equipment. (11) Any piece of equipment subject to this petition will be inspected by MSHA prior to initially placing it in service underground. 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 under the terms and conditions of the petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2012–082–C. Petitioner: White Oak Resources, LLC, 121 S. Jackson Street, McLeansboro, Illinois 62859. Mine: White Oak Mine No. 1, MSHA I.D. No. 11–03203, located in Hamilton County, Illinois. 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 the use of nonpermissible electronic testing or diagnostic equipment within 150 feet of longwall faces. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used includes: Laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; insulation testers (meggers); voltage, current, and power measurement devices; signal analyzer devices; ultrasonic thickness gauges; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES 37928 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices if approved in advance by the MSHA District Manager. (2) All other testing and diagnostic equipment used within 150 feet of longwall faces will be permissible. (3) All nonpermissible testing and diagnostic equipment used within 150 feet of longwall faces will be examined by a qualified person (as defined in 30 CFR 75.153) prior to use to ensure the equipment is being maintained in a safe operating condition. These examinations results will be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (4) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment within 150 feet of longwall faces. (5) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment withdrawn further than 150 feet of longwall faces. (6) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (7) Except for time necessary to troubleshoot under actual mining conditions, coal production in the section will cease. However, coal may remain in or on the equipment to test and diagnose the equipment under ‘‘load.’’ (8) Nonpermissible electronic testing and diagnostic equipment will not be used to test equipment when coal dust is in suspension. (9) All electronic testing and diagnostic equipment will be used in accordance with the safe use procedures recommended by the manufacturer. (10) Qualified personnel who use electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with use of the equipment. (11) Any piece of equipment subject to this petition will be inspected by MSHA prior to initially placing it in service underground. 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 VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 refresher training regarding the terms and conditions in the Proposed Decision and Order. The petitioner asserts that under the terms and conditions of the petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2012–083–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Eagle Mine, MSHA I.D. No. 46– 08759, 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 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 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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 (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 on 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 in the surveying equipment must be changed out or charged in fresh air outby the last open crosscut. (h) Qualified personnel who use 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. 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–2012–084–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Eagle Mine, MSHA I.D. No. 46– 08759, 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. (b) All nonpermissible electronic surveying equipment to be used in return airways will be examined 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 VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 year and made available to MSHA on 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 in the surveying equipment must be changed out or charged in fresh air out of the return. (h) Qualified personnel who use 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. 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–2012–085–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Eagle Mine, MSHA I.D. No. 46– 08759, 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 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 37929 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 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 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 on 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\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES 37930 Federal Register / Vol. 77, No. 122 / Monday, June 25, 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 in the surveying equipment must be changed out or charged in fresh air more than 150 feet from pillar workings. (h) Qualified personnel who use 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. 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–2012–086–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Peerless Rachel Mine, MSHA I.D. No. 46–09258, 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 VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 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 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 on 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 00062 Fmt 4703 Sfmt 4703 operating condition as defined in 30 CFR 75.320. (g) Batteries in the surveying equipment must be changed out or charged in fresh air outby the last open crosscut. (h) Qualified personnel who use 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. 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–2012–087–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Peerless Rachel Mine, MSHA I.D. No. 46–09258, 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 manner. The petitioner proposes the E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices 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 return airways will be examined 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 on 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 in the surveying equipment must be changed out or charged in fresh air out of the return. (h) Qualified personnel who use 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 VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 equipment and determined that it is in compliance with all the terms and conditions in this petition. 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–2012–088–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Peerless Rachel Mine, MSHA I.D. No. 46–09258, 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) 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 batteryoperated total station surveying PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 37931 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 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 on 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 in the surveying equipment must be changed out or charged in fresh air more than 150 feet from pillar workings. (h) Qualified personnel who use 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. Within 60 days after the Proposed Decision and Order becomes final, the petitioner will submit proposed E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES 37932 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices 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–2012–089–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46–08993, 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 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 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. VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 (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 on 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 in the surveying equipment must be changed out or charged in fresh air outby the last open crosscut. (h) Qualified personnel who use 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. 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–2012–090–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46–08993, 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. (b) All nonpermissible electronic surveying equipment to be used in return airways will be examined 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 E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices year and made available to MSHA on 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 in the surveying equipment must be changed out or charged in fresh air out of the return. (h) Qualified personnel who use 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. 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–2012–091–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46–08993, 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 VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 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 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 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 on 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. PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 37933 (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 in the surveying equipment must be changed out or charged in fresh air more than 150 feet from pillar workings. (h) Qualified personnel who use 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. 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–2012–092–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Coalburg No. 2 Mine, MSHA I.D. No. 46–09231, 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 E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES 37934 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices 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 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 on 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 VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 operating condition as defined in 30 CFR 75.320. (g) Batteries in the surveying equipment must be changed out or charged in fresh air outby the last open crosscut. (h) Qualified personnel who use 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. 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–2012–093–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Coalburg No. 2 Mine, MSHA I.D. No. 46–09231, 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 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 return airways will be examined 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 on 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 in the surveying equipment must be changed out or charged in fresh air out of the return. (h) Qualified personnel who use 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 E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices equipment and determined that it is in compliance with all the terms and conditions in this petition. 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–2012–094–C. Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Coalburg No. 2 Mine, MSHA I.D. No. 46–09231, 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 batteryoperated total station surveying VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 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 on 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 in the surveying equipment must be changed out or charged in fresh air more than 150 feet from pillar workings. (h) Qualified personnel who use 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. Within 60 days after the Proposed Decision and Order becomes final, the petitioner will submit proposed PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 37935 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–2012–095–C. Petitioner: Bledsoe Coal Corporation, Route 2008, Box 351A, Big Laurel, Kentucky 40808. Mine: Mine No. 4, MSHA I.D. No. 15– 11065, located in Leslie County, Kentucky. Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general). Modification Request: The petitioner requests a modification of the existing standard for surface areas of underground coal mines to permit the use of refuse material from the BL–1 Preparation Plant to reclaim the face-up area for five portals of Mine No. 4. The portals are located downstream of John Miniard Branch off Greasy Creek. The petitioner states that: (1) The Mine No. 4 has been abandoned since June 2008, and currently, there is no waterflow from the five portals, although water controls will be constructed so that water could flow from the portals without saturating the fill. (2) A fireproof barrier of clay or inert material will be constructed 4 feet over the exposed coal seam. Analysis of the material used to construct the fireproof barrier will be provided to verify it as noncombustible. The petitioner proposes to: (1) Place coarse refuse over abandoned underground mine openings in the Mine No. 4 coal seam during the reclamation of the portals. There are no steam lines associated with this proposal. (2) Construct Miniard Branch portals coarse refuse fill over the underground mine openings face up located along the mouth of John Miniard Branch at the confluence of Greasy Creek. Five underground openings along the face up will be covered by coarse refuse. All of the openings are located in the Hazard No. 4 coal seam. (The location of each opening is shown on the Plan View map provided with this petition.) The petitioner further states that: (1) The Hazard No. 4 coal seam in this area was mined from the early 1980’s and closed in 2008. (2) During the life of the mine, two of the portals fell in and sealed the openings (as shown on the Plan View map). Since this area was used mainly E:\FR\FM\25JNN1.SGM 25JNN1 erowe on DSK2VPTVN1PROD with NOTICES 37936 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices for an exhausting fan site, the portals were not cleaned back out. (3) On closure of the mine, two water pipes were inserted into two different openings and the portals were backfilled 25 feet back into the mine and then 4 feet over the portals. Due to the dip of the coal seam, the water in this area drains to another set of portals that have pipes and water drains to allow the water to exit, and no water has come out at this site. (4) The petitioner proposes to reclaim this site using coarse refuse over the backfilled portals. To contend with the eventuality that water might exit the mine through these portals, the petitioner will construct a durable rock underdrain across the front of the backfill spanning all the portals. (5) Two pipes inserted back into the mine will tie into the rock underdrain so that any water seeping through the coarse refuse or coming out of the underground mine will travel through this rock underdrain. The rock underdrain will be constructed of durable rock and wrapped in filter fabric. (6) On completion of the coarse refuse fill, the fill will be covered with noncombustible materials. Drawings detailing the construction methods used to seal the openings are provided with this petition. To examine or obtain a copy of the petition, map, and drawings, contact MSHA using the information in the ‘‘For Further Information Contact’’ section of this notice. Docket Number: M–2012–004–M. Petitioner: Troy Mine, Inc., 1099 18th Street, Suite 2150, Denver, Colorado 80202. Mine: Troy Mine Inc., MSHA I.D. No. 24–01467, Highway 56 South Asarco Mine Road, Troy, Montana, 59935, located in Lincoln County, Montana. Regulation Affected: 30 CFR 57.11055 (Inclined escapeways). Modification Request: The petitioner requests a modification of the existing standard for underground metal and nonmetal mines to permit the use of a 317-foot portion of a designated secondary escapeway that is steelencased with secure landings and equipped with a leaky feeder communication system. The petition pertains to a secondary escapeway/ raisebore from the Upper C Bed to the Lower Quartzite area. The petitioner states that: (1) The secondary escapeway/ raisebore from the C Bed to the Lower Quartzite area is 42 inches in diameter and steel-encased. (2) The escapeway/raisebore from the C Bed to the Lower Quartzite area is VerDate Mar<15>2010 14:55 Jun 22, 2012 Jkt 226001 equipped with a ladder and secure landings at least every 30 feet, which conforms with MSHA’s standard for surface travelways in 30 CFR 57.11025. (3) The secondary escapeway/ raisebore from the C Bed to the Lower Quartzite area consists of two sections. The first section is 114 feet beginning at the C Bed and ending at the Upper C Bed. The second section is 317 feet beginning at the Upper C Bed and ending at the Lower Quartzite area. As an alternative method to the existing standard, the petitioner proposes to: (1) Install a leaky feeder communication system in the steelencased secondary escapeway from the C Bed to the Lower Quartzite area to provide the miners in the escapeway with continuous communication with the surface, and allow for notification that personnel are in the raise and on their way out. (2) Use steel encasement of the escapeway/raisebore to protect the leaky feeder system from damage and protect the miners from exposure to falling rocks in the escapeway. (3) Configure landings so that they are spaced at a maximum of 30-foot intervals to protect resting miners and prevent them from falling down the escapeway. (4) Modify the escape and evacuation plan required by 30 CFR 57.11053 to provide for ventilation changes in the event of a fire when using the secondary escapeway, using the following procedures as appropriate: (a) Reversing the fan direction at the top of the secondary escapeway. (b) Closing ventilation tubes in the air-walls at the access drifts in each level. (5) Install radio boxes in the secondary escapeway/raisebore from the C bed to the Lower Quartzite area. The radio boxes will contain several radios, a charging station for the radios, and extra batteries. (6) Install clear and legible markings at 30-foot intervals denoting the remaining distance to the surface in the secondary escapeway/raisebore. Within 45 days after the Proposed Decision and Order becomes final, the petitioner will submit proposed revisions to the escape and evacuation plan as required in 30 CFR 57.11053. 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. In addition to the requirements specified in this petition, the proposed revisions will specify initial and refresher training regarding the terms PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 and conditions stated in the Proposed Decision and Order. The petitioner further states that the proposed alternative method provides additional protection above and beyond the requirements of the existing standard by allowing miners in the secondary escapeway to know their exact location in the raise, while they are traveling out of the mine. With this information and the radios provided, exact information on miner locations can be communicated to personnel on the surface to aid in emergency evacuation and rescue. 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: June 20, 2012. George F. Triebsch, Director, Office of Standards, Regulations and Variances. [FR Doc. 2012–15394 Filed 6–22–12; 8:45 am] BILLING CODE 4510–43–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0044; Docket No. 50–423] Central Vermont Public Service ´ Corporation, Gaz Metro Limited Partnership, Dominion Nuclear Connecticut, Inc. (Millstone Power Station, Unit 3); Order Approving Application Regarding Proposed Merger of Central Vermont Public ´ Service Corporation and Gaz Metro Limited Partnership and Indirect Transfer of License I Dominion Nuclear Connecticut, Inc. (DNC or the licensee) is authorized to act as the agent for the joint owners of the Millstone Power Station, Unit 3 (MPS3), and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility as reflected in the Renewed Facility Operating License No. NPF–49. Central Vermont Public Service Corporation (CVPS), one of the joint owners, holds a 1.7303% minority interest in MPS3. MPS3 is located in the town of Waterford, Connecticut. II By letter dated September 9, 2011, as supplemented on November 4, 2011, April 6, 2012, and May 4, 2012 (collectively, the application), CVPS and ´ Gaz Metro Limited Partnership (Gaz ´ Metro) submitted an application requesting that the U.S. Nuclear E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37926-37936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15394]


-----------------------------------------------------------------------

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

[[Page 37927]]

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 July 25, 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 or Hand Delivery: 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. Persons delivering documents are 
required to check in at the receptionist's desk on the 21st floor. 
Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
barron.barbara@dol.gov (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 Number: M-2012-081-C.
    Petitioner: White Oak Resources, LLC, 121 S. Jackson Street, 
McLeansboro, Illinois 62859.
    Mine: White Oak Mine No. 1, MSHA I.D. No. 11-03203, located in 
Hamilton County, Illinois.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment)
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment in or inby the last open crosscut. The 
petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage, current, 
and power measurement devices; signal analyzer devices; ultrasonic 
thickness gauges; electronic component testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used if 
approved in advance by the MSHA District Manager.
    (2) All other testing and diagnostic equipment used in or inby the 
last open crosscut will be permissible.
    (3) All nonpermissible testing and diagnostic used in or inby the 
last open crosscut will be examined by a qualified person (as defined 
in 30 CFR 75.153) prior to use to ensure the equipment is being 
maintained in a safe operating condition. These examinations results 
will be recorded in the weekly examination book and will be made 
available to MSHA and the miners at the mine.
    (4) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in or 
inby the last open crosscut.
    (5) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When one percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and the nonpermissible electronic equipment 
withdrawn outby the last open crosscut.
    (6) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (7) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under ``load.''
    (8) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when coal dust is in suspension.
    (9) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (10) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    (11) Any piece of equipment subject to this petition will be 
inspected by MSHA prior to initially placing it in service underground.
    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 under the terms and conditions of the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.
    Docket Number: M-2012-082-C.
    Petitioner: White Oak Resources, LLC, 121 S. Jackson Street, 
McLeansboro, Illinois 62859.
    Mine: White Oak Mine No. 1, MSHA I.D. No. 11-03203, located in 
Hamilton County, Illinois.
    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 the use of nonpermissible electronic 
testing or diagnostic equipment within 150 feet of longwall faces. The 
petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage, current, 
and power measurement devices; signal analyzer devices; ultrasonic 
thickness gauges; electronic component testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used

[[Page 37928]]

if approved in advance by the MSHA District Manager.
    (2) All other testing and diagnostic equipment used within 150 feet 
of longwall faces will be permissible.
    (3) All nonpermissible testing and diagnostic equipment used within 
150 feet of longwall faces will be examined by a qualified person (as 
defined in 30 CFR 75.153) prior to use to ensure the equipment is being 
maintained in a safe operating condition. These examinations results 
will be recorded in the weekly examination book and will be made 
available to MSHA and the miners at the mine.
    (4) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment within 
150 feet of longwall faces.
    (5) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When one percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and the nonpermissible electronic equipment 
withdrawn further than 150 feet of longwall faces.
    (6) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (7) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under ``load.''
    (8) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when coal dust is in suspension.
    (9) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (10) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    (11) Any piece of equipment subject to this petition will be 
inspected by MSHA prior to initially placing it in service underground.
    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 under the terms and conditions of the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.
    Docket Number: M-2012-083-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Eagle Mine, MSHA I.D. No. 46-08759, 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 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use 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.
    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-2012-084-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340,

[[Page 37929]]

401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Eagle Mine, MSHA I.D. No. 46-08759, 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 
return airways will be examined 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use 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.
    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-2012-085-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Eagle Mine, MSHA I.D. No. 46-08759, 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 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 on 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 37930]]

    (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 in the surveying equipment must be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use 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.
    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-2012-086-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Peerless Rachel Mine, MSHA I.D. No. 46-09258, 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 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use 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.
    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-2012-087-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Peerless Rachel Mine, MSHA I.D. No. 46-09258, 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 manner. The 
petitioner proposes the

[[Page 37931]]

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 
return airways will be examined 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use 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.
    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-2012-088-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Peerless Rachel Mine, MSHA I.D. No. 46-09258, 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) 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 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use 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.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed

[[Page 37932]]

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-2012-089-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46-08993, 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 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use 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.
    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-2012-090-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46-08993, 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 
return airways will be examined 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

[[Page 37933]]

year and made available to MSHA on 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 in the surveying equipment must be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use 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.
    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-2012-091-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46-08993, 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 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use 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.
    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-2012-092-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Coalburg No. 2 Mine, MSHA I.D. No. 46-09231, 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

[[Page 37934]]

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 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use 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.
    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-2012-093-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Coalburg No. 2 Mine, MSHA I.D. No. 46-09231, 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 
return airways will be examined 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use 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

[[Page 37935]]

equipment and determined that it is in compliance with all the terms 
and conditions in this petition.
    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-2012-094-C.
    Petitioner: Newtown Energy, Inc., Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Coalburg No. 2 Mine, MSHA I.D. No. 46-09231, 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 on 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 in the surveying equipment must be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use 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.
    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-2012-095-C.
    Petitioner: Bledsoe Coal Corporation, Route 2008, Box 351A, Big 
Laurel, Kentucky 40808.
    Mine: Mine No. 4, MSHA I.D. No. 15-11065, located in Leslie County, 
Kentucky.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for surface areas of underground coal mines to permit 
the use of refuse material from the BL-1 Preparation Plant to reclaim 
the face-up area for five portals of Mine No. 4. The portals are 
located downstream of John Miniard Branch off Greasy Creek. The 
petitioner states that:
    (1) The Mine No. 4 has been abandoned since June 2008, and 
currently, there is no waterflow from the five portals, although water 
controls will be constructed so that water could flow from the portals 
without saturating the fill.
    (2) A fireproof barrier of clay or inert material will be 
constructed 4 feet over the exposed coal seam. Analysis of the material 
used to construct the fireproof barrier will be provided to verify it 
as noncombustible.
    The petitioner proposes to:
    (1) Place coarse refuse over abandoned underground mine openings in 
the Mine No. 4 coal seam during the reclamation of the portals. There 
are no steam lines associated with this proposal.
    (2) Construct Miniard Branch portals coarse refuse fill over the 
underground mine openings face up located along the mouth of John 
Miniard Branch at the confluence of Greasy Creek. Five underground 
openings along the face up will be covered by coarse refuse. All of the 
openings are located in the Hazard No. 4 coal seam. (The location of 
each opening is shown on the Plan View map provided with this 
petition.) The petitioner further states that:
    (1) The Hazard No. 4 coal seam in this area was mined from the 
early 1980's and closed in 2008.
    (2) During the life of the mine, two of the portals fell in and 
sealed the openings (as shown on the Plan View map). Since this area 
was used mainly

[[Page 37936]]

for an exhausting fan site, the portals were not cleaned back out.
    (3) On closure of the mine, two water pipes were inserted into two 
different openings and the portals were backfilled 25 feet back into 
the mine and then 4 feet over the portals. Due to the dip of the coal 
seam, the water in this area drains to another set of portals that have 
pipes and water drains to allow the water to exit, and no water has 
come out at this site.
    (4) The petitioner proposes to reclaim this site using coarse 
refuse over the backfilled portals. To contend with the eventuality 
that water might exit the mine through these portals, the petitioner 
will construct a durable rock underdrain across the front of the 
backfill spanning all the portals.
    (5) Two pipes inserted back into the mine will tie into the rock 
underdrain so that any water seeping through the coarse refuse or 
coming out of the underground mine will travel through this rock 
underdrain. The rock underdrain will be constructed of durable rock and 
wrapped in filter fabric.
    (6) On completion of the coarse refuse fill, the fill will be 
covered with noncombustible materials. Drawings detailing the 
construction methods used to seal the openings are provided with this 
petition.
    To examine or obtain a copy of the petition, map, and drawings, 
contact MSHA using the information in the ``For Further Information 
Contact'' section of this notice.
    Docket Number: M-2012-004-M.
    Petitioner: Troy Mine, Inc., 1099 18th Street, Suite 2150, Denver, 
Colorado 80202.
    Mine: Troy Mine Inc., MSHA I.D. No. 24-01467, Highway 56 South 
Asarco Mine Road, Troy, Montana, 59935, located in Lincoln County, 
Montana.
    Regulation Affected: 30 CFR 57.11055 (Inclined escapeways).
    Modification Request: The petitioner requests a modification of the 
existing standard for underground metal and nonmetal mines to permit 
the use of a 317-foot portion of a designated secondary escapeway that 
is steel-encased with secure landings and equipped with a leaky feeder 
communication system. The petition pertains to a secondary escapeway/
raisebore from the Upper C Bed to the Lower Quartzite area. The 
petitioner states that:
    (1) The secondary escapeway/raisebore from the C Bed to the Lower 
Quartzite area is 42 inches in diameter and steel-encased.
    (2) The escapeway/raisebore from the C Bed to the Lower Quartzite 
area is equipped with a ladder and secure landings at least every 30 
feet, which conforms with MSHA's standard for surface travelways in 30 
CFR 57.11025.
    (3) The secondary escapeway/raisebore from the C Bed to the Lower 
Quartzite area consists of two sections. The first section is 114 feet 
beginning at the C Bed and ending at the Upper C Bed. The second 
section is 317 feet beginning at the Upper C Bed and ending at the 
Lower Quartzite area.
    As an alternative method to the existing standard, the petitioner 
proposes to:
    (1) Install a leaky feeder communication system in the steel-
encased secondary escapeway from the C Bed to the Lower Quartzite area 
to provide the miners in the escapeway with continuous communication 
with the surface, and allow for notification that personnel are in the 
raise and on their way out.
    (2) Use steel encasement of the escapeway/raisebore to protect the 
leaky feeder system from damage and protect the miners from exposure to 
falling rocks in the escapeway.
    (3) Configure landings so that they are spaced at a maximum of 30-
foot intervals to protect resting miners and prevent them from falling 
down the escapeway.
    (4) Modify the escape and evacuation plan required by 30 CFR 
57.11053 to provide for ventilation changes in the event of a fire when 
using the secondary escapeway, using the following procedures as 
appropriate:
    (a) Reversing the fan direction at the top of the secondary 
escapeway.
    (b) Closing ventilation tubes in the air-walls at the access drifts 
in each level.
    (5) Install radio boxes in the secondary escapeway/raisebore from 
the C bed to the Lower Quartzite area. The radio boxes will contain 
several radios, a charging station for the radios, and extra batteries.
    (6) Install clear and legible markings at 30-foot intervals 
denoting the remaining distance to the surface in the secondary 
escapeway/raisebore.
    Within 45 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions to the escape and 
evacuation plan as required in 30 CFR 57.11053. 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. In addition to the requirements specified in 
this petition, the proposed revisions will specify initial and 
refresher training regarding the terms and conditions stated in the 
Proposed Decision and Order.
    The petitioner further states that the proposed alternative method 
provides additional protection above and beyond the requirements of the 
existing standard by allowing miners in the secondary escapeway to know 
their exact location in the raise, while they are traveling out of the 
mine. With this information and the radios provided, exact information 
on miner locations can be communicated to personnel on the surface to 
aid in emergency evacuation and rescue.
    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: June 20, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-15394 Filed 6-22-12; 8:45 am]
BILLING CODE 4510-43-P