Petitions for Modification of Application of Existing Mandatory Safety Standards, 67428-67432 [2015-27823]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67428-67432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27823]


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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 Title 30 of the Code of Federal Regulations 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.

DATES: All comments on the petitions must be received by the MSHA's 
Office of Standards, Regulations, and Variances on or before December 
2, 2015.

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, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petitions 
and comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

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

SUPPLEMENTARY INFORMATION: 

I. Background

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

II. Petitions for Modification

    Docket Number: M-2015-019-C.
    Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, 
P.O. Box 910, East Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered nonpermissible 
surveying equipment in or inby the last open crosscut, as it pertains 
to the use of non-permissible surveying equipment, including total 
stations and theodolites with low-voltage batteries if they have an IP 
rating of 66 or higher subject to the conditions of the petition. The 
petitioner states that:
    (1) Nonpermissible electronic surveying equipment will only be used 
until equivalent permissible electronic surveying equipment is 
available or if viable new mechanical surveying equipment is not 
commercially available.
    (2) Lila Canyon will maintain a logbook for electronic surveying 
equipment. The logbook will be kept with each corresponding instrument. 
The logbook will contain the date of manufacture and/or purchase of 
each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (3) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by the person that will 
operate the equipment prior to taking

[[Page 67429]]

the equipment underground to ensure the equipment is being maintained 
in a safe operating condition. These checks will include:
    (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 or battery attachment to 
ensure that it is securely fastened.
    (4) Recording the results of the inspection in the equipment 
logbook.
    (5) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Inspection entries in the 
logbook may be expunged after one year.
    (6) All nonpermissible electronic surveying equipment will be 
serviced according to the manufacturer's recommendations. Dates of 
service will be recorded in the equipment logbook and will include a 
description of the work performed.
    (7) The nonpermissible surveying equipment that will be used in or 
inby the last open crosscut will not be put into service until MSHA has 
initially inspected the equipment and determined that it is in 
compliance.
    (8) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent methane. When 1.0 
percent or more methane is detected while the nonpermissible surveying 
equipment is being used, the equipment will be deenergized immediately 
and withdrawn outby the last open crosscut. Prior to returning inby the 
last open crosscut, all requirements of 30 CFR 75.323 will be complied 
with.
    (9) As an additional safety check, prior to setting up and 
energizing nonpermissible electronic surveying equipment in or inby the 
last open crosscut, the surveyor(s) will conduct a visual examination 
of the immediate area for evidence that the areas appear to be 
sufficiently rock dusted and for the presence of accumulated float coal 
dust. If the rock dusting appears insufficient or the presence of 
accumulated coal dust is observed, the equipment may not be energized 
until sufficient rock dust has been applied and/or the accumulations of 
coal dust have been cleaned up. If nonpermissible electronic surveying 
equipment is to be used in an area that is not rocked dusted within 40 
feet of a working face where a continuous miner is used to extract 
coal, the area will be rock dusted prior to energizing the electronic 
surveying equipment.
    (10) All hand-held methane detectors will be MSHA approved and 
maintained in permissible and proper operating condition as defined by 
30 CFR 75.320. All methane detectors must provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (11) Prior to energizing any of the nonpermissible surveying 
equipment in or inby the last open crosscut, methane tests must be made 
no more than eight inches from the roof or floor at the location of the 
equipment.
    (12) All areas to be surveyed will be pre-shifted according to 30 
CFR 75.360 prior to surveying. If the area was not pre-shifted, a 
supplemental examination according to 30 CFR 75.361 will be performed 
before any non-certified person enters the area. If the area has been 
examined according to 30 CFR 75.360 or 30 CFR 75.361, an additional 
examination is not required.
    (13) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment inby the last open crosscut. A 
second person in the surveying crew, if there are two people in the 
crew, will also continuously monitor for methane. That person will 
either be a qualified person as defined in 30 CFR 75.151 or will be in 
the process of being trained to be a qualified person but will not make 
such tests for a period of 6 months, as required by 30 CFR 75.151. On 
completion of the 6-month training period, the second person on the 
survey crew must become qualified in order to continue on the survey 
crew. If the surveying crew consists of one person, such person will 
monitor for methane with two separate devices. While the equipment is 
used in or inby the last open crosscut, one qualified person who is 
continuously monitoring for methane will remain with the electronic 
surveying equipment.
    (14) Batteries contained in the surveying equipment must be 
``changed out'' or ``charged'' in intake air outby the last open 
crosscut. Replacement batteries for the electronic surveying equipment 
will not be brought in or inby the last open crosscut. On each entry 
into the mine, all batteries for the electronic surveying equipment 
must be fully charged.
    (15) When using nonpermissible electronic surveying equipment inby 
the last open crosscut the surveyor must confirm by measurement or by 
inquiry of the person in charge of the section that the air quantity on 
the section, on that shift, in the last open crosscut or coming to the 
longwall face is the quantity that is required by the mine's 
ventilation plan.
    (16) Nonpermissible electronic surveying equipment will not be used 
when coal production is occurring in the section. All mining in the 
section will cease prior to use of the equipment in or inby the last 
open crosscut.
    (17) Personnel engaged in the use of surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (18) All persons who operate nonpermissible electronic surveying 
equipment will receive specific training on the terms and conditions of 
the proposed decision and order before using nonpermissible electronic 
surveying equipment in or inby the last open crosscut. A record of the 
training will be kept with the other training records.
    (19) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for their 
approved part 48 training plan to the District Manager. The revisions 
will specify initial and refresher training regarding the terms and 
conditions in the PDO. When training is conducted on the terms and 
conditions stated in the PDO, an MSHA Certificate of Training (Form 
5000-23) will be completed. Comments on the certificate of training 
will indicate surveyor training.
    (20) Lila Canyon will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2001, 
within one year of the PDO becoming final. Lila Canyon will replace or 
retire from service any electronic surveying instrument that was 
acquired between January 1, 2002 and December 31, 2007; and within two 
years of the PDO becoming final. Within three years of the date that 
the PDO becomes final, Lila Canyon will replace or retire from service 
any electric theodolite that was acquired more than five years prior to 
the date that the PDO becomes final, or any total station acquired more 
than ten years prior to the day that the PDO becomes final. After five 
years, Lila Canyon will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than five 
years from date of manufacture and total stations will be no older than 
10 years from date of manufacture.

[[Page 67430]]

    (21) Lila Canyon is responsible for seeing that all surveying 
contractors hired by Lila Canyon are using relatively new electronic 
equipment, i.e., theodolites no older than five years from date of 
manufacture and total stations no older than 10 years from date of 
manufacture. The conditions of use in the PDO will apply to all 
nonpermissible electronic surveying equipment used in or inby the last 
open crosscut regardless of whether the equipment is used by Lila 
Canyon or by an independent contractor. Nonpermissible equipment will 
not be used where float coal dust is in suspension.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

    Docket Number: M-2015-020-C.
    Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, 
P.O. Box 910, East Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon 
County, Utah.
    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 the use of battery-powered nonpermissible 
surveying equipment in the return, as it pertains to the use of non-
permissible surveying equipment, including total stations and 
theodolites with low-voltage batteries if they have an IP rating of 66 
or higher subject to the conditions of the petition. The petitioner 
states that:
    (1) Nonpermissible electronic surveying equipment will only be used 
until equivalent permissible electronic surveying equipment is 
available or if viable new mechanical surveying equipment is not 
commercially available.
    (2) Lila Canyon will maintain a logbook for electronic surveying 
equipment. The logbook will be kept with each corresponding instrument. 
The logbook will contain the date of manufacture and/or purchase of 
each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (3) All nonpermissible electronic surveying equipment to be used in 
the return will be examined by the person that will operate the 
equipment prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. These 
checks will include:
    (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 or battery attachment to 
ensure that it is securely fastened.
    (4) Recording the results of the examination in the equipment 
logbook.
    (5) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Inspection entries in the 
logbook may be expunged after one year.
    (6) All nonpermissible electronic surveying equipment will be 
serviced according to the manufacturer's recommendations. Dates of 
service will be recorded in the equipment logbook and will include a 
description of the work performed.
    (7) The nonpermissible surveying equipment that will be used in the 
return will not be put into service until MSHA has inspected the 
equipment and determined that it is in compliance.
    (8) Non permissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent methane. When 1.0 
percent or more methane is detected while the nonpermissible surveying 
equipment is being used, the equipment will be deenergized immediately 
and withdrawn out of the return. Prior to returning into the return, 
all requirements of 30 CFR 75.323 will be complied with.
    (9) As an additional safety check, prior to setting up and 
energizing nonpermissible electronic surveying equipment in the return, 
the surveyor(s) will conduct a visual examination of the immediate area 
for evidence that the areas appear to be sufficiently rock dusted and 
for the presence of accumulated float coal dust. If the rock dusting 
appears insufficient or the presence of accumulated coal dust is 
observed, the equipment may not be energized until sufficient rock dust 
has been applied and/or the accumulations of coal dust have been 
cleaned up. If nonpermissible electronic surveying equipment is to be 
used in an area that is not rock dusted within 40 feet of a working 
face where a continuous miner is used to extract coal, the area will be 
rock dusted prior to energizing the electronic surveying equipment.
    (10) All hand-held methane detectors will be MSHA approved and 
maintained in permissible and proper operating condition as defined by 
30 CFR 75.320. All methane detectors must provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (11) Prior to energizing any of the nonpermissible surveying 
equipment in the return, methane tests must be made no more than eight 
inches from the roof or floor at the location of the equipment.
    (12) All areas to be surveyed will be pre-shifted according to 30 
CFR 75.360 prior to surveying. If the area was not pre-shifted, a 
supplemental examination according to 30 CFR 75.361 will be performed 
before any non-certified person enters the area. If the area has been 
examined according to 30 CFR 75.360 or 30 CFR 75.361, an additional 
examination is not required.
    (13) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in the return. A second person in 
the surveying crew, if there are two people in the crew, will also 
continuously monitor for methane. That person will either be a 
qualified person as defined in 30 CFR 75.151 or will be in the process 
of being trained to be a qualified person but will not make such tests 
for a period of 6 months, as required by 30 CFR 75.151. Upon completion 
of the 6 month training period the second person on the survey crew 
must become qualified to continue on the survey crew. If the surveying 
crew consists of one person, such person will monitor for methane with 
two separate devices. While the equipment is in the return, one 
qualified person who is continuously monitoring for methane will remain 
with the electronic surveying equipment.
    (14) Batteries contained in the surveying equipment must be 
``changed out'' or ``charged'' in intake air, out of the return. 
Replacement batteries for the electronic surveying equipment will not 
be brought into the return. On each entry into the mine, all batteries 
for the electronic surveying equipment must be fully charged.
    (15) When using nonpermissible electronic surveying equipment in 
the return, the surveyor must confirm by measurement or by inquiry of 
the person in charge of the section that the air quantity on the 
section, on that shift, in the last open crosscut or coming to

[[Page 67431]]

the longwall face is the quantity that is required by the mine's 
ventilation plan.
    (16) Nonpermissible electronic surveying equipment will not be used 
when coal production is occurring in the section. All mining in the 
section will cease prior to use of the equipment in the return.
    (17) Personnel engaged in the use of surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (18) All persons who operate nonpermissible electronic surveying 
equipment will receive specific training on the terms and conditions of 
the proposed decision and order before using nonpermissible electronic 
surveying equipment in the return. A record of the training will be 
kept with the other training records.
    (19) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for their 
approved part 48 training plan to the District Manager. The revisions 
will specify initial and refresher training regarding the terms and 
conditions in the PDO. When training is conducted on the terms and 
conditions stated in the PDO, an MSHA Certificate of Training (Form 
5000-23) will be completed. Comments on the certificate of training 
will indicate surveyor training.
    (20) Lila Canyon will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2001; 
within one year of the PDO becoming final. Lila Canyon will replace or 
retire from service any electronic surveying instrument that was 
acquired between January 1, 2002 and December 31, 2007; and within two 
years of the PDO becoming final. Within three years of the date that 
the PDO becomes final, Lila Canyon will replace or retire from service 
any electric theodolite that was acquired more than five years prior to 
the date that the PDO becomes final, or any total station acquired more 
than ten years prior to the day that the PDO becomes final. After five 
years, Lila Canyon will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than five 
years from date of manufacture and total stations will be no older than 
10 years from date of manufacture.
    (21) Lila Canyon is responsible for seeing that all surveying 
contractors hired by Lila Canyon are using relatively new electronic 
equipment, i.e., theodolites no older than five years from date of 
manufacture and total stations no older than 10 years from date of 
manufacture. The conditions of use in the PDO will apply to all 
nonpermissible electronic surveying equipment used in a return 
regardless of whether the equipment is used by Lila Canyon or by an 
independent contractor. Nonpermissible equipment will not be used where 
float coal dust is in suspension.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

    Docket Number: M-2015-021-C.
    Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, 
P.O. Box 910, East Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered nonpermissible 
surveying equipment within 150 feet of pillar workings or longwall 
faces, as it pertains to the use of non-permissible surveying 
equipment, including total stations and theodolites with low-voltage 
batteries if they have an IP rating of 66 or higher subject to the 
conditions of the petition. The petitioner states that:
    (1) Nonpermissible electronic surveying equipment will only be used 
until equivalent permissible electronic surveying equipment is 
available or if viable new mechanical surveying equipment is not 
commercially available.
    (2) Lila Canyon will maintain a logbook for electronic surveying 
equipment. The logbook will be kept with each corresponding instrument. 
The logbook will contain the date of manufacture and/or purchase of 
each particular piece of electronic surveying equipment. The logbook 
will be made available to MSHA on request.
    (3) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall face will be examined by 
the person that will operate the equipment prior to taking the 
equipment underground to ensure the equipment is being maintained in a 
safe operating condition. These checks will include:
    (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 or battery attachment to 
ensure that it is securely fastened.
    (4) Recording the results of the inspection in the equipment 
logbook.
    (5) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the equipment logbook. Inspection entries in the 
logbook may be expunged after one year.
    (6) All nonpermissible electronic surveying equipment will be 
serviced according to the manufacturer's recommendations. Dates of 
service will be recorded in the equipment logbook and will include a 
description of the work performed.
    (7) The nonpermissible surveying equipment that will be used within 
150 feet of pillar workings or the longwall face will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance.
    (8) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent methane. When 1.0 
percent or more methane is detected while the nonpermissible surveying 
equipment is being used, the equipment will be deenergized immediately 
and withdrawn further than 150 feet from pillar workings or longwall 
faces. Prior to returning within 150 feet from pillar workings or 
longwall faces, all requirements of 30 CFR 75.323 will be complied 
with.
    (9) As an additional safety check, prior to setting up and 
energizing nonpermissible electronic surveying equipment within 150 
feet of pillar workings, the surveyor(s) will conduct a visual 
examination of the immediate area for evidence that the areas appear to 
be sufficiently rock dusted and for the presence of accumulated float 
coal dust. If the rock dusting appears insufficient or the presence of 
accumulated coal dust is observed, the equipment may not be energized 
until sufficient rock dust has been applied and/or the accumulations of 
coal dust have been cleaned up. If nonpermissible electronic surveying 
equipment is to be used in an area that is not rock dusted within 40 
feet of a working face where a continuous miner is used to extract 
coal, the area will be rock ducted prior to

[[Page 67432]]

energizing the electronic surveying equipment.
    (10) All hand-held methane detectors will be MSHA approved and 
maintained in permissible and proper operating condition as defined by 
30 CFR 75.320. All methane detectors must provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (11) Prior to energizing any of the nonpermissible surveying 
equipment within 150 feet of pillar workings or longwall faces, methane 
tests must be made no more than eight inches from the roof or floor at 
the location of the equipment.
    (12) All areas to be surveyed will be pre-shifted according to 30 
CFR 75.360 prior to surveying. If the area was not pre-shifted, a 
supplemental examination according to 30 CFR 75.361 will be performed 
before any non-certified person enters the area. If the area has been 
examined according to 30 CFR 75.360 or 30 CFR 75.361, an additional 
examination is not required.
    (13) A qualified person as defined in existing 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 or longwall faces. A second person in the surveying crew, if 
there are two people in the crew, will also continuously monitor for 
methane. That person will either be a qualified person as defined in 30 
CFR 75.151 or will be in the process of being trained to be a qualified 
person but will not make such tests for a period of 6 months, as 
required by 30 CFR 75.151. On completion of the 6 month training period 
the second person on the survey crew must become qualified to continue 
on the survey crew. If the surveying crew consists of one person, such 
person will monitor for methane with two separate devices. While the 
equipment is used within 150 feet of pillar workings or longwall faces, 
one qualified person who is continuously monitoring for methane will 
remain with the electronic surveying equipment.
    (14) Batteries contained in the surveying equipment must be 
``changed out'' or ``charged'' more than 150 feet away from pillar 
workings or the longwall face. Replacement batteries for the electronic 
surveying equipment will not be brought in or inby the last open 
crosscut, into the return, or within 150 feet of pillar workings or 
longwall faces. On each entry into the mine, all batteries for the 
electronic surveying equipment must be fully charged.
    (15) When using nonpermissible electronic surveying equipment 
within 150 feet of pillar workings or the longwall face, the surveyor 
must confirm by measurement or by inquiry of the person in charge of 
the section that the air quantity on the section, on that shift, in the 
last open crosscut or coming to the longwall face is the quantity that 
is required by the mine's ventilation plan.
    (16) Nonpermissible electronic surveying equipment will not be used 
when coal production is occurring in the section. All mining in the 
section will cease prior to use of the equipment within 150 feet of 
pillar workings and longwall faces.
    (17) Personnel engaged in the use of surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (18) All persons who operate nonpermissible electronic surveying 
equipment will receive specific training on the terms and conditions of 
the proposed decision and order before using nonpermissible electronic 
surveying equipment within 150 feet of the longwall face or pillar 
workings. A record of the training will be kept with the other training 
records.
    (19) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for their 
approved part 48 training plan to the District Manager. The revisions 
will specify initial and refresher training regarding the terms and 
conditions in the PDO. When training is conducted on the terms and 
conditions stated in the PDO, an MSHA Certificate of Training (Form 
5000-23) will be completed. Comments on the certificate of training 
will indicate surveyor training.
    (20) Lila Canyon will replace or retire from service any electronic 
surveying instrument that was acquired prior to December 31, 2001; 
within one year of the PDO becoming final. Lila Canyon will replace or 
retire from service any electronic surveying instrument that was 
acquired between January 1, 2002 and December 31, 2007; and within two 
years of the PDO becoming final. Within three years of the date that 
the PDO becomes final, Lila Canyon will replace or retire from service 
any electric theodolite that was acquired more than five years prior to 
the date that the PDO becomes final, or any total station acquired more 
than ten years prior to the day that the PDO becomes final. After five 
years, Lila Canyon will maintain a cycle of purchasing new electronic 
surveying equipment whereby theodolites will be no older than five 
years from date of manufacture and total stations will be no older than 
10 years from date of manufacture.
    (21) Lila Canyon is responsible for seeing that all surveying 
contractors hired by Lila Canyon are using relatively new electronic 
equipment, i.e., theodolites no older than five years from date of 
manufacture and total stations no older than 10 years from date of 
manufacture. The conditions of use in the PDO will apply to all 
nonpermissible electronic surveying equipment used within 150 feet of 
pillar workings or longwall faces regardless of whether the equipment 
is used by Lila Canyon or by an independent contractor. Nonpermissible 
equipment will not be used where float coal dust is in suspension.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-27823 Filed 10-30-15; 8:45 am]
BILLING CODE 4520-43-P