Petitions for Modification of Application of Existing Mandatory Safety Standards, 77113-77117 [2012-31233]

Download as PDF Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices Total Estimated Number of Responses: 1,410,290. Total Estimated Annual Burden Hours: 508,589. Total Estimated Annual Other Costs Burden: $0. Dated: December 21, 2012. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2012–31390 Filed 12–28–12; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below to modify the application of existing mandatory safety standards 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 January 30, 2013. 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. mstockstill on DSK4VPTVN1PROD with SUMMARY: VerDate Mar<15>2010 21:28 Dec 28, 2012 Jkt 229001 FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, Regulations and Variances at 202–693– 9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Facsimile). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: (1) An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or (2) That the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modification. II. Petitions for Modification Docket No: M–2012–163–C. Petitioner: Tennco Energy, Inc., P.O. Box 517, Middlesboro, Kentucky 40965. Mine: Hance Mine No. 1, MSHA I.D. No. 15–19408, located in Bell County, Kentucky. Regulation Affected: 30 CFR 75.208 (Warning devices). Modification Request: The petitioner requests a modification of the existing standard to permit a readily visible warning to be posted at the second row of permanent roof support outby unsupported roof or a physical barrier to be installed to impede travel beyond permanent support, except during the installation of roof supports. The petitioner states that: (1) The Kentucky Office of Mine Safety and Licensing requires ‘‘a warning device’’ to be placed installed on the second row of permanent roof support outby unsupported roof. (2) MSHA’s approved Precautions for Remote Control Operation of Continuous Mining Machines states that ‘‘while using remote controls, the continuous mining machine operator and all other persons will position themselves no closer than the second ‘‘full row’’ of installed roof bolts outby the face. (3) This petition is necessary to improve safety and to attain commonality between State and Federal regulations. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 77113 (4) Safety increases when the distance an employee keeps from unsupported roof increases. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket No: M–2012–164–C. Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Campbells Creek No. 10 Mine, MSHA I.D. No. 46–08637, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of battery-powered nonpermissible surveying equipment in or inby the last open crosscut, including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers. The petitioner states that: (1) To comply with requirements for mine ventilation maps and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (2) Application of the existing standard would result in a diminution of safety to the miners. Underground mining by its nature and size, and the complexity of mine plans, requires that accurate and precise measurements be completed in a prompt and efficient manner. The petitioner proposes the following as an alternative to the existing standard: (a) Nonpermissible electronic surveying equipment will be used when equivalent permissible electronic surveying equipment is not available. Such nonpermissible surveying equipment includes portable 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. E:\FR\FM\31DEN1.SGM 31DEN1 mstockstill on DSK4VPTVN1PROD with 77114 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices (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 will 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–2012–165–C. Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. VerDate Mar<15>2010 21:28 Dec 28, 2012 Jkt 229001 Mine: Campbells Creek No. 10 Mine, MSHA I.D. No. 46–08637, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of battery-powered nonpermissible surveying equipment in return airways, including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers. The petitioner states that: (1) To comply with requirements for mine ventilation maps and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (2) Application of the existing standard would result in a diminution of safety to the miners. Underground mining by its nature and size, and the complexity of mine plans, requires that accurate and precise measurements be completed in a prompt and efficient manner. The petitioner proposes the 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. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 (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 will 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–2012–166–C. Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Campbells Creek No. 10 Mine, MSHA I.D. No. 46–08637, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of battery-powered nonpermissible surveying equipment within 150 feet of pillar workings and longwall faces, E:\FR\FM\31DEN1.SGM 31DEN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices 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 or longwall faces 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 and longwall faces. VerDate Mar<15>2010 21:28 Dec 28, 2012 Jkt 229001 (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 will 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 No: M–2012–167–C. Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Farley Eagle Mine, MSHA I.D. No. 46–01537, located in Boone County West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of battery-powered nonpermissible surveying equipment in or inby the last open crosscut, including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers. The petitioner states that: (1) To comply with requirements for mine ventilation maps and mine maps PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 77115 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. 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 E:\FR\FM\31DEN1.SGM 31DEN1 mstockstill on DSK4VPTVN1PROD with 77116 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices operating condition as defined in 30 CFR 75.320. (g) Batteries in the surveying equipment will 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–2012–168–C. Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Farley Eagle Mine, MSHA I.D. No. 46–01537, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of battery-powered nonpermissible surveying equipment in return airways, including, but not limited to, portable battery-operated mine transits, total station surveying equipment, distance meters, and data loggers. The petitioner states that: (1) To comply with requirements for mine ventilation maps and mine maps in 30 CFR 75.372 and 75.1200, use of the most practical and accurate surveying equipment is necessary. (2) Application of the existing standard would result in a diminution of safety to the miners. Underground mining by its nature and size, and the complexity of mine plans, requires that accurate and precise measurements be completed in a prompt and efficient manner. The petitioner proposes the VerDate Mar<15>2010 21:28 Dec 28, 2012 Jkt 229001 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. (g) Batteries in the surveying equipment will 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 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 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–2012–169–C. Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mine: Farley Eagle Mine, MSHA I.D. No. 46–01537, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of battery-powered nonpermissible surveying equipment within 150 feet of pillar workings and longwall faces, 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 E:\FR\FM\31DEN1.SGM 31DEN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices 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 or longwall faces 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 and longwall faces. (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 will 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 VerDate Mar<15>2010 21:28 Dec 28, 2012 Jkt 229001 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: December 21, 2012. George F. Triebsch, Director, Office of Standards, Regulations and Variances. [FR Doc. 2012–31233 Filed 12–28–12; 8:45 am] BILLING CODE 4510–43–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0314] Proposed Revision 0 on Access Authorization—Operational Program Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision: request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) is soliciting public comment on NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants’’ LWR Edition: Section 13.6.4, ‘‘Access Authorization—Operational Program.’’ The NRC seeks comments on the new Section 13.6.4 of the Standard Review Plan (SRP) concerning implementation of an access authorization program through revisions to the nuclear power reactor licensee Commission-approved Physical Security Plan under of Title 10 of the Code of Federal Regulations (10 CFR) 73.55, ‘‘Requirements for Physical Protection of Licensed Activities in Nuclear Power Reactors against Radiological Sabotage,’’ Section (b)(7), that integrates the performance requirements contained within 10 CFR 73.56, ‘‘Personnel Access Authorization Requirements for Nuclear Power Plants,’’ and the criminal history checks of 10 CFR 73.57, ‘‘Requirements for Criminal History Checks of Individuals Granted Unescorted Access to a Nuclear Power Facility or Access to Safeguards Information by Power Reactor Licensees.’’ The current SRP does not contain guidance on the review of an SUMMARY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 77117 applicant’s proposed access authorization program. DATES: Comments must be filed no later than 30 days from the date of publication of this notice in the Federal Register. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and is publicly available, by searching on http://www.regulations.gov under Docket ID NRC–2012–0314. You may submit comments by any of the following methods: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0314. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Amy E. Cubbage, Division of Advanced Reactors and Rulemaking, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–2875, email: amy.cubbage@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2012– 0314 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and are publicly available, by any of the following methods: • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0314. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/reading- E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77113-77117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31233]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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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 January 30, 2013.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: zzMSHA-comments@dol.gov. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of 
Standards, Regulations and Variances. Persons delivering documents are 
required to check in at the receptionist's desk on the 21st floor. 
Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
barron.barbara@dol.gov (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: 

 I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    (1) An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    (2) That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket No: M-2012-163-C.
    Petitioner: Tennco Energy, Inc., P.O. Box 517, Middlesboro, 
Kentucky 40965.
    Mine: Hance Mine No. 1, MSHA I.D. No. 15-19408, located in Bell 
County, Kentucky.
    Regulation Affected: 30 CFR 75.208 (Warning devices).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a readily visible warning to be posted at 
the second row of permanent roof support outby unsupported roof or a 
physical barrier to be installed to impede travel beyond permanent 
support, except during the installation of roof supports. The 
petitioner states that:
    (1) The Kentucky Office of Mine Safety and Licensing requires ``a 
warning device'' to be placed installed on the second row of permanent 
roof support outby unsupported roof.
    (2) MSHA's approved Precautions for Remote Control Operation of 
Continuous Mining Machines states that ``while using remote controls, 
the continuous mining machine operator and all other persons will 
position themselves no closer than the second ``full row'' of installed 
roof bolts outby the face.
    (3) This petition is necessary to improve safety and to attain 
commonality between State and Federal regulations.
    (4) Safety increases when the distance an employee keeps from 
unsupported roof increases.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket No: M-2012-164-C.
    Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Campbells Creek No. 10 Mine, MSHA I.D. No. 46-08637, located 
in Boone County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
or inby the last open crosscut, including, but not limited to, portable 
battery-operated mine transits, total station surveying equipment, 
distance meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by surveying personnel 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.

[[Page 77114]]

    (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 will 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-2012-165-C.
    Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Campbells Creek No. 10 Mine, MSHA I.D. No. 46-08637, located 
in Boone County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance 
meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the 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 will 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-2012-166-C.
    Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Campbells Creek No. 10 Mine, MSHA I.D. No. 46-08637, located 
in Boone County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment 
within 150 feet of pillar workings and longwall faces,

[[Page 77115]]

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 or longwall faces 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 and longwall faces.
    (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 will 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 No: M-2012-167-C.
    Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Farley Eagle Mine, MSHA I.D. No. 46-01537, located in Boone 
County West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
or inby the last open crosscut, including, but not limited to, portable 
battery-operated mine transits, total station surveying equipment, 
distance meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by surveying personnel 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA 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

[[Page 77116]]

operating condition as defined in 30 CFR 75.320.
    (g) Batteries in the surveying equipment will 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-2012-168-C.
    Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Farley Eagle Mine, MSHA I.D. No. 46-01537, located in Boone 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance 
meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the 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 will 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-2012-169-C.
    Petitioner: Gateway Eagle Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Farley Eagle Mine, MSHA I.D. No. 46-01537, located in Boone 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment 
within 150 feet of pillar workings and longwall faces, 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

[[Page 77117]]

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 or longwall faces 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 and longwall 
faces.
    (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 will 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: December 21, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-31233 Filed 12-28-12; 8:45 am]
BILLING CODE 4510-43-P