Petitions for Modification of Application of Existing Mandatory Safety Standards, 38324-38336 [2012-15672]
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
Title
§ 90.301(d) and (e) ...................................................................................
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30 CFR
Respirable dust control plan; approval by District Manager; copy to part
90 Miner
II. Desired Focus of Comments
The Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the proposed
extension of the information collection
related to existing standards that require
coal mine operators sample bimonthly
designated occupations or work
locations and submit these samples to
MSHA for analysis to determine if the
mine is complying with the applicable
dust standards. MSHA is particularly
interested in comments that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
• Evaluate the accuracy of the
MSHA’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Address the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submissions of responses), to minimize
the burden of the collection of
information on those who are to
respond.
The public may examine publicly
available documents, including the
public comment version of the
supporting statement, at MSHA, Office
of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, VA 22209–3939.
OMB clearance requests are available on
MSHA’s Web site at https://
www.msha.gov under ‘‘Rules & Regs’’ on
the right side of the screen by selecting
Information Collections Requests,
Paperwork Reduction Act Supporting
Statements. The document will be
available on MSHA’s Web site for 60
days after the publication date of this
notice. Comments submitted in writing
or in electronic form will be made
available for public inspection. Because
comments will not be edited to remove
any identifying or contact information,
MSHA cautions the commenter against
including any information in the
submission that should not be publicly
disclosed. Questions about the
information collection requirements
may be directed to the person listed in
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the FOR FURTHER INFORMATION CONTACT
section of this notice.
III. Current Actions
The information obtained from mine
operators is used by MSHA to determine
compliance with health standards
associated with 30 CFR parts 70, 71, and
90. MSHA has updated the data for the
number of respondents and responses,
and the total burden hours and burden
costs supporting this information
collection extension request.
Summary
Type of Review: Extension.
Agency: Mine Safety and Health
Administration.
Title: Mine Operator Dust Data Card.
OMB Number: 1219–0011.
Affected Public: Business or other forprofit.
Cite/Reference/Form/etc. 30 CFR
70.201(c); 90.201(c); 71.201(c) and (e);
70.205(c); 71.205(c); 90.205(c);
70.209(a), (c), and (d); 71.209(a), (c), and
(d); 90.209(a), (c), and (d); 70.210(b);
71.210(b); 90.210(b); 70.220(a);
71.220(a); 90.220; 71.300(a); 90.300(a);
71.301(d) and (e); and 90.301(d) and (e).
Total Number of Respondents: 800.
Frequency: Various.
Total Number of Responses: 63,193.
Total Burden Hours: 8,571 hours.
Other Annual Cost Burden: $44,065.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Authority: 44 U.S.C. 3506(c)(2)(A).
Dated: June 22, 2012.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2012–15684 Filed 6–26–12; 8:45 am]
BILLING CODE 4510–43–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
SUMMARY:
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30 CFR Part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before July 27, 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:
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
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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–2012–096–C.
Petitioner: Mountain Coal Company,
LLC, P.O. Box 591, 5174 Highway 133,
Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No.
05–03672, located in Gunnison County,
Colorado.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 30 CFR 18.35(a)(5)(i)
(Portable trailing cables and cords).
Modification Request: The petitioner
requests a modification of the Decision
and Order for an existing petition for
modification, docket number M–96–
104–C issued on January 14, 1998. That
petition was granted for a three-phase
995-volt continuous mining machine
and several other pieces of equipment.
The petitioner states that:
(1) Several stipulations in the
Decision and Order address the use of
2/0 trailing cable supplying power to
the continuous miner.
(2) With the purchase of Joy 12CM27
continuous miners, the power supply
cable to these continuous miners is 4/
0 rather than 2/0. Using the minimum
amount of current available and having
the instantaneous over-current
protection set at 2,500 amps, the use of
1,100 feet of 4/0 trailing cable does not
compromise miner safety nor does it
adversely impact electrical protection of
the cable. Based on this information, the
petitioner requests a modification of the
existing petition for modification to
allow the use of 1,100 feet of 4/0 trailing
cable for the continuous miners.
The petitioner asserts that with the
terms and conditions of the Decision
and Order, the use of 1,100 feet of 4/0
cable for the continuous miners will at
all times guarantee no less than the
same measure of protection afforded by
the existing standard.
Docket Number: M–2012–097–C.
Petitioner: Consol Pennsylvania Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Bailey Mine, MSHA I.D. No.
36–07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
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standard to permit an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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.
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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–2012–098–C.
Petitioner: Consol Pennsylvania Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Bailey Mine, MSHA I.D. No.
36–07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered 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
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the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in
return airways 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 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.
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(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–2012–099–C.
Petitioner: Consol Pennsylvania Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Bailey Mine, MSHA I.D. No.
36–07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered 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
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accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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
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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–2012–100–C.
Petitioner: Consol Pennsylvania Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Enlow Fork Mine, MSHA I.D.
No. 36–07416, located in Washington
County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered 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
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inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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
PO 00000
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38327
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–2012–101–C.
Petitioner: Consol Pennsylvania Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Enlow Fork Mine, MSHA I.D.
No. 36–07416, located in Washington
County, Pennsylvania.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements). Modification Request:
The petitioner requests a modification
of the existing standard to permit an
alternative method of compliance to
permit the use of battery-powered
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 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.
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(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–2012–102–C.
Petitioner: Consol Pennsylvania Coal
Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
Mine: Enlow Fork Mine, MSHA I.D.
No. 36–07416, located in Washington
County, Pennsylvania.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered 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
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.
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
(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–2012–103–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Alma No. 1 Deep Mine, MSHA
I.D. No. 46–09277, located in Mingo
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
E:\FR\FM\27JNN1.SGM
27JNN1
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Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
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–2012–104–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Alma No. 1 Deep Mine, MSHA
I.D. No. 46–09277, located in Mingo
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:
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
38329
(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 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 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
E:\FR\FM\27JNN1.SGM
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srobinson on DSK4SPTVN1PROD with NOTICES
38330
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
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–2012–105–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Alma No. 1 Deep Mine, MSHA
I.D. No. 46–09277, located in Mingo
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
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
(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–2012–106–C.
Petitioner: Consolidation Coal
Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Buchanan #1 Mine, MSHA I.D.
No. 44–04856, located in Buchanan
County, 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
E:\FR\FM\27JNN1.SGM
27JNN1
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
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–2012–107–C.
Petitioner: Consolidation Coal
Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Buchanan #1 Mine, MSHA I.D.
No. 44–04856, located in Buchanan
County, 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 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:
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
38331
(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–2012–108–C.
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Petitioner: Consolidation Coal
Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Buchanan #1 Mine, MSHA I.D.
No. 44–04856, located in Buchanan
County, 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
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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–2012–109–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
Mine: MT–41 (Bronzite II) Mine,
MSHA I.D. No. 46–09307, located in
Mingo 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 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
E:\FR\FM\27JNN1.SGM
27JNN1
srobinson on DSK4SPTVN1PROD with NOTICES
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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–2012–110–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: MT–41 (Bronzite II) Mine,
MSHA I.D. No. 46–09307, located in
Mingo 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
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
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 or inby the last open
crosscut will be examined by surveying
personnel prior to use to ensure the
equipment is being maintained in a safe
operating condition. These
examinations will include the following
steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
38333
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–2012–111–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: MT–41 (Bronzite II) Mine),
MSHA I.D. No. 46–09307, located in
Mingo 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
E:\FR\FM\27JNN1.SGM
27JNN1
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38334
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
location and extent of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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.
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
(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–2012–112–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Bronzite III Mine, MSHA I.D.
No. 46–05978, located in Mingo 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
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA 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
E:\FR\FM\27JNN1.SGM
27JNN1
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
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–2012–113–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Bronzite III, MSHA I.D. No. 46–
05978, located in Mingo 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 by
surveying personnel prior to use to
ensure the equipment is being
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
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
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
38335
measure of protection as that afforded
by the existing standard.
Docket Number: M–2012–114–C.
Petitioner: Consol of Kentucky, Inc.,
Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Bronzite III Mine, MSHA I.D.
No. 46–05978, located in Mingo 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
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.
E:\FR\FM\27JNN1.SGM
27JNN1
srobinson on DSK4SPTVN1PROD with NOTICES
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
(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.
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
Dated: June 22, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2012–15672 Filed 6–26–12; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice 12–050]
NASA Advisory Council; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
(NASA) announces a meeting of the
NASA Advisory Council (NAC).
DATES: Wednesday, July 25, 2012, 12
p.m.–4:30 p.m.; Thursday, July 26, 2012,
9 a.m.–4:30 p.m.; and Friday, July 27,
2012, 9 a.m.–12 p.m.; Local Time.
ADDRESSES: NASA Goddard Space
Flight Center (GSFC), Building 1, Rooms
E100D/E, 8800 Greenbelt Road,
Greenbelt, MD 20771–0001. (Visitors
will first need to go to the Main Gate to
gain access to this Federal facility.)
FOR FURTHER INFORMATION CONTACT: Ms.
Marla King, NAC Administrative
Officer, NASA Headquarters,
Washington, DC 20546, 202–358–1148.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public up
to the seating capacity of the room. This
meeting is also available telephonically
and by WebEx. You must use a touch
tone phone to participate in this
meeting. Any interested person may call
the USA toll-free conference call
number (888) 989–9723 and then enter
the numeric participant passcode: 39513
followed by the # sign. To join via
WebEx the link is https://
nasa.webex.com/, meeting number on
July 25, 2012, is 997–683–462, and
password N@C852??! On Thursday, July
26, 2012, the meeting number will be
997–683–462, and password N@C852??!
On Friday, July 27, 2012, the meeting
number will be 997–683–462, and
password N@C852??!
The agenda for the meeting will
include reports from the NAC
Committees:
—Aeronautics
—Audit, Finance and Analysis
—Commercial Space
—Education and Public Outreach
—Human Exploration and Operations
—Information Technology Infrastructure
SUMMARY:
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
—Science
—Technology and Innovation
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. All attendees will be
requested to sign a register and to
comply with NASA security
requirements. Visitors must show valid
State or Federal picture ID, green card,
or passport, before receiving an access
badge to enter into GSFC and must state
that they are attending the NASA
Advisory Council (NAC) meeting in
Building 1. All U.S. citizens and green
card holders desiring to attend must
provide their full name, company
affiliation (if applicable), and
citizenship to the GSFC Protective
Services Division no later than close of
business on July 16, 2012. Foreign
Nationals must provide the following
information: full name, gender, date/
place of birth, citizenship, home
address, visa information (number, type,
expiration date), passport information
(number, country of issue, expiration
date), employer/affiliation information
(name of institution, title/position,
address, country of employer,
telephone, email address), and an
electronically scanned or faxed copy of
their passport and visa to the GSFC
Security Office no later than the close of
business on July 11, 2012. If the above
information is not received by the noted
dates, attendees should expect a
minimum delay of two (2) hours. All
visitors to this meeting will report to the
Main Gate where they will be processed
through Security prior to entering GSFC.
Please provide the appropriate data, via
fax 301–286–1230, noting at the top of
the page ‘‘Public Admission to the NAC
Meeting at GSFC.’’ For security
questions, please contact Pam Starling
at 301–286–6865 or
pamela.a.starling@nasa.gov or alternate
contact: Debbie Brasel at 301–286–6876
or deborah.a.brasel@nasa.gov.
Patricia D. Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2012–15644 Filed 6–26–12; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
National Science Foundation.
Notice.
AGENCY:
ACTION:
The National Science
Foundation (NSF) is announcing plans
SUMMARY:
E:\FR\FM\27JNN1.SGM
27JNN1
]]>Agencies
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38324-38336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15672]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before July 27, 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
[[Page 38325]]
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-2012-096-C.
Petitioner: Mountain Coal Company, LLC, P.O. Box 591, 5174 Highway
133, Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable trailing
cables and cords).
Modification Request: The petitioner requests a modification of the
Decision and Order for an existing petition for modification, docket
number M-96-104-C issued on January 14, 1998. That petition was granted
for a three-phase 995-volt continuous mining machine and several other
pieces of equipment. The petitioner states that:
(1) Several stipulations in the Decision and Order address the use
of 2/0 trailing cable supplying power to the continuous miner.
(2) With the purchase of Joy 12CM27 continuous miners, the power
supply cable to these continuous miners is 4/0 rather than 2/0. Using
the minimum amount of current available and having the instantaneous
over-current protection set at 2,500 amps, the use of 1,100 feet of 4/0
trailing cable does not compromise miner safety nor does it adversely
impact electrical protection of the cable. Based on this information,
the petitioner requests a modification of the existing petition for
modification to allow the use of 1,100 feet of 4/0 trailing cable for
the continuous miners.
The petitioner asserts that with the terms and conditions of the
Decision and Order, the use of 1,100 feet of 4/0 cable for the
continuous miners will at all times guarantee no less than the same
measure of protection afforded by the existing standard.
Docket Number: M-2012-097-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene
County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA 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-2012-098-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene
County, Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered 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
[[Page 38326]]
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 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 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-2012-099-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered 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
[[Page 38327]]
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-2012-100-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in
Washington County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard: (a) Nonpermissible electronic surveying equipment will be
used when equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA 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-2012-101-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in
Washington County, Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements). Modification Request: The petitioner
requests a modification of the existing standard to permit an
alternative method of compliance to permit the use of battery-powered
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 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.
[[Page 38328]]
(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-2012-102-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in
Washington County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered 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-2012-103-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Alma No. 1 Deep Mine, MSHA I.D. No. 46-09277, located in
Mingo County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
[[Page 38329]]
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA 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-2012-104-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Alma No. 1 Deep Mine, MSHA I.D. No. 46-09277, located in
Mingo 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 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 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
[[Page 38330]]
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-2012-105-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Alma No. 1 Deep Mine, MSHA I.D. No. 46-09277, located in
Mingo 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-2012-106-C.
Petitioner: Consolidation Coal Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Buchanan 1 Mine, MSHA I.D. No. 44-04856, located in
Buchanan County, 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
[[Page 38331]]
equipment, mine transits, distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA 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-2012-107-C.
Petitioner: Consolidation Coal Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Buchanan 1 Mine, MSHA I.D. No. 44-04856, located in
Buchanan County, 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 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 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-2012-108-C.
[[Page 38332]]
Petitioner: Consolidation Coal Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Buchanan 1 Mine, MSHA I.D. No. 44-04856, located in
Buchanan County, 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-2012-109-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: MT-41 (Bronzite II) Mine, MSHA I.D. No. 46-09307, located in
Mingo County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying
equipment, mine transits, distance meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before
[[Page 38333]]
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-2012-110-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: MT-41 (Bronzite II) Mine, MSHA I.D. No. 46-09307, located in
Mingo 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 or inby the last open crosscut will be examined by
surveying personnel prior to use to ensure the equipment is being
maintained in a safe operating condition. These examinations will
include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA 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-2012-111-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: MT-41 (Bronzite II) Mine), MSHA I.D. No. 46-09307, located in
Mingo 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
[[Page 38334]]
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-2012-112-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Bronzite III Mine, MSHA I.D. No. 46-05978, located in Mingo
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA 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
[[Page 38335]]
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-2012-113-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Bronzite III, MSHA I.D. No. 46-05978, located in Mingo
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 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 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-2012-114-C.
Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Bronzite III Mine, MSHA I.D. No. 46-05978, located in Mingo
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.
[[Page 38336]]
(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.
Dated: June 22, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-15672 Filed 6-26-12; 8:45 am]
BILLING CODE 4510-43-P
