Petitions for Modification of Application of Existing Mandatory Safety Standards, 3160-3162 [2016-00935]

Download as PDF 3160 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices The Department of Justice, Federal Bureau of Investigation, Critical Incident Response Group will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with established review procedures of the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until March 21, 2016. FOR FURTHER INFORMATION CONTACT: All comments, suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Lesa Marcolini, Program Manager, Federal Bureau of Investigation, Critical Incident Response Group, ViCAP, FBI Academy, Quantico, Virginia 22135; facsimile (703) 632– 4239. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. tkelley on DSK4VPTVN1PROD with NOTICES SUMMARY: Overview of This Information Collection 1. Type of Information Collection: Revision of a currently approved collection. 2. The Title of the Form/Collection: ViCAP Case Submission Form. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is FD–676. The applicable component within the VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 Department of Justice is the Federal Bureau of Investigation. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal, state, local, and tribal government law enforcement agencies charged with the responsibility of investigating violent crimes. Abstract: Established by the Department of Justice in 1985, ViCAP serves as the national repository for violent crimes; specifically; Homicides (and attempts) that are known or suspected to be part of a series and/or are apparently random, motiveless, or sexually oriented. Sexual assaults that are known or suspected to be part of a series and/or are committed by a stranger. Missing persons where the circumstances indicate a strong possibility of foul play and the victim is still missing. Unidentified human remains where the manner of death is known or suspected to be homicide. Comprehensive case information submitted to ViCAP is maintained in the ViCAP Web National Crime Database and is automatically compared to all other cases in the databases to identify potentially related cases. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: Of the approximately 18,000 government law enforcement agencies that are eligible to submit cases, it is estimated that thirty to fifty percent will actually submit cases to ViCAP. The time burden of the respondents is less than 60 minutes per form. 6. An estimate of the total public burden (in hours) associated with the collection: 5,000 annual burden hours. If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530. Dated: January 14, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2016–00942 Filed 1–19–16; 8:45 am] BILLING CODE 4410–02–P PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 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 February 19, 2016. 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, 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: SUMMARY: 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 E:\FR\FM\20JAN1.SGM 20JAN1 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices tkelley on DSK4VPTVN1PROD with NOTICES 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–2015–0026–C. Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, VA 24282. Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15–18647, Huff Creek No. 1 Mine, MSHA I.D. No. 15–17234, Darby Fork No. 1 Mine, MSHA I.D. No. 15– 02263, located in Harlan County, Kentucky. Regulation Affected: 30 CFR 75.310(a)(3) (Installation of main mine fans). Modification Request: The petitioner requests a modification of the existing standard to permit the use of fan signal monitoring provided by the Communication Center at the Huff Creek Mine as an alternative to having personnel on the surface at the mine to monitor fan operation. The petitioner states that: (1) Currently the Clover Fork fans can be monitored for operation at the Communication Center. This Communication Center is manned continuously when miners are underground by a qualified atmospheric monitoring system (AMS) operator as required in 30 CFR 75.156. This operator is currently responsible for monitoring the Clover Fork Mine, Huff Creek Mine, and Darby Fork Mine AMS systems. This operator is familiar with the underground workings of the Clover Fork Mine and will regularly travel to all working sections every six months as required. In addition to having the AMS operator continuously monitoring the main mine fans for the Clover Fork Mine, Lone Mountain Processing will be installing a system to activate the existing section alarms at all three mines to alarm when any main mine fan slows or stops. This alarm will provide an audible and visual alarm to alert miners that an event has occurred. Constant communications is provided to all three interconnected mines via the Huff Creek Communication Center. All approved ventilation plans provide instructions to evacuate the mine when VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 a fan outage occurs. Should there be an interruption in the fan operations, a notification of the interruption can be given to the miners underground at Clover Fork Mine from the Huff Creek Communication Center. Clover Fork Mine management believes that these provisions for fan monitoring will provide a greater degree of safety than having mine personnel monitor the fan from the surface at the Clover Fork Mine. (2) Fan alarm signal monitoring by the Communication Center is accomplished in two ways: First by fan signal connection to mine phones and by a fiber optic line that is from the Clover Fork Mine to the Huff Creek Mine. Both systems are routed through each mine to an underground borehole connection to remove issues with inclement weather. The fiber optic line is connected to the CO monitoring and tracking system computer at Clover Fork Mine which receives an input from the fan alarm signal device. The fiber optic terminates at a computer in the Communication Center and provides both audible and visual notification if the Clover Fork fan should stop operating, as well as all working sections at all three aforementioned mines. (3) Voice communication to the Clover Fork Mine is accomplished by three separate connections and also by wireless tracking system radios. Primary communication is a mine phone line routed through an underground borehole connection between the two mines. Backup to the mine phone system is an overland copper pair for the emergency phone system that is provided by the land line telephone company. A third way of communication to the mine is land line telephone to the mine office. Tracking system radios mentioned above also provide a wireless fourth means of communication. (4) The Communication Center is also provided with a ‘‘kill feature’’ system designed to deenergize the AMS system for the Clover Fork Mine should any main mine fan fail. All AMS operators are trained how to perform this procedure and written instructions are provided inside the Communication Center. This feature will be maintained in working order at all times or otherwise immediate corrective actions will be taken to correct the condition and a designated person will be required to monitor the main mine fans at the Clover Fork Mine until the system is in proper working order. The AMS system is routed through underground workings and underground borehole connections as previously mentioned. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 3161 The petitioner asserts that the proposed alternative method will provide a greater degree of safety than having mine personnel monitor the fan from the surface at the Clover Fork Mine. Docket Number: M–2015–027–C. Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, Illinois 62930. Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11–03156, located in Saline County, Illinois. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of nonpermissible electronic testing or diagnostic equipment in or inby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used include: Laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance, and power measurement devices; ultrasonic thickness gauges; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible testing and diagnostic equipment used in or inby the last open crosscut will be examined by a qualified person as defined in 30 CFR 75.153, prior to use to ensure the equipment is being maintained in a safe operating condition. The examination results will be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment will be withdrawn outby the last open crosscut. (5) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper E:\FR\FM\20JAN1.SGM 20JAN1 3162 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices operating condition as defined in 30 CFR 75.320. (6) Except for time necessary to trouble shoot under actual mining conditions, coal production in the section will cease. However, coal may remain in or on the equipment to test and diagnose the equipment under ‘‘load.’’ (7) All electronic testing and diagnostic equipment will be used in accordance with the safe use procedures recommended by the manufacturer. (8) Qualified personnel who used electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with use of the equipment. The petitioner asserts that under the terms and conditions of this petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee not less than the same measure of protection afforded by the existing standard. Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016–00935 Filed 1–19–16; 8:45 am] BILLING CODE 4520–43–P LEGAL SERVICES CORPORATION Request for Letters of Intent To Apply for 2015 Technology Initiative Grant Funding Legal Services Corporation. Notice. AGENCY: ACTION: The Legal Services Corporation (LSC) issues this Notice describing the conditions under which Letters of Intent To Apply for Technology Initiative Grants (TIG) will be received. LSC’s TIG program was established in 2000. Since that time, LSC has made 647 grants totaling more than $53 million. This grant program provides an important tool to help achieve LSC’s goal of increasing the quantity and quality of legal services available to eligible persons. Projects funded under the TIG program develop, test and replicate innovative technologies that can enable grant recipients and state justice communities to improve low-income persons’ access to high quality legal assistance through an integrated and well managed technology system. When submitting Letters of Intent, applicants should consider the growth and continued development of technology and the resulting effects on the practice of law, management of legal aid organizations and legal aid service delivery. tkelley on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 Letters of Intent must be submitted by 11:59 p.m. EST on February 29, 2016. ADDRESSES: Letters of Intent must be submitted electronically at https:// lscgrants.lsc.gov. FOR FURTHER INFORMATION CONTACT: Jane Ribadeneyra, Program Analyst, Office of Program Performance, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007; (202) 295–1554 (phone); ribadeneyraj@lsc.gov. SUPPLEMENTARY INFORMATION: DATES: General Information The Legal Services Corporation awards Technology Initiative Grant funds through an open, competitive, and impartial selection process. All prospective applicants for 2016 TIG funds must submit a Letter of Intent to Apply (LOI) prior to submitting a formal application. The format and contents of the LOI should conform to the requirements specified below in Section IV. Through the LOI process, LSC identifies those projects that have a reasonable chance of success in the competitive grant process based on LSC’s analysis of the project description and other information provided in the LOI. LSC will solicit full proposals for those projects. LSC Requirements Technology Initiative Grant funds are subject to all LSC requirements, including the requirements of the Legal Services Corporation Act (LSC Act), any applicable appropriations acts and any other applicable laws, rules, regulations, policies, guidelines, instructions, and other directives of the Legal Services Corporation, including, but not limited to, the LSC Audit Guide for Recipients and Auditors, the Accounting Guide for LSC Recipients, the CSR Handbook, the 1981 LSC Property Manual (as amended) and the Property Acquisition and Management Manual, with any amendments to the foregoing adopted before or during the period of the grant. Before submitting a Letter of Intent to Apply, applicants should be familiar with LSC’s transfer and subgrant requirements at 45 CFR parts 1610 and 1627 (see https://www.lsc.gov/about/ laws-regulations/lsc-regulations-cfr-45part-1600-et-seq), particularly as they pertain to payments of LSC funds to other entities for programmatic activities. For additional information and resources regarding TIG compliance, including transfers, subgrants, thirdparty contracting, conflicts of interest, grant modification procedures, and PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 special TIG grant assurances, see LSC’s TIG compliance Web page. Eligible Applicants TIG awards are available only to current LSC Basic Field Grant recipients that are not subject to any short funding (i.e., less than one year) on Basic Field Grants. LSC will not award a TIG to any applicant that is not in good standing on any existing TIG projects. Applicants must be up to date, according to the milestone schedule on all existing TIG projects prior to submitting a LOI or have requested and received an adjustment to the original milestone schedule. LSC will not award a TIG to any applicant that has not made satisfactory progress on prior TIGs. LSC recipients that have had a previous TIG terminated for failure to provide timely reports and submissions are not eligible to receive a TIG for three years after their earlier grant was terminated. This policy does not apply to applicants that worked with LSC to end a TIG early after an unsuccessful project implementation resulting from technology limitations, a failed proof of concept, or other reasons outside of the applicant’s control. Funding Availability LSC has received an appropriation of $4 million for fiscal year 2016 to fund TIG projects. In 2015, 36 TIG projects received funding with a median funding amount of $86,200. (See TIG’s past awards Web page for more information on past grants.) LSC recommends a minimum amount for TIG funding requests of $40,000, but lower requests will be considered. There is no maximum amount for TIG funding requests that are within the total appropriation for TIG. Collaborations The TIG program encourages applicants to reach out to and include in TIG projects others interested in access to justice—the courts, bar associations, pro bono projects, libraries, and social service agencies. Partnerships can enhance the reach, effectiveness and sustainability of many projects. Grant Categories LSC will accept projects in two application categories: (1) Innovations and Improvements (2) Replication and Adaptation Grant Category 1: Innovations and Improvements The Innovations and Improvements Category is designated for projects that: E:\FR\FM\20JAN1.SGM 20JAN1

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[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3160-3162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00935]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 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 February 
19, 2016.

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

[[Page 3161]]

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-2015-0026-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
VA 24282.
    Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15-18647, Huff Creek 
No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No. 1 Mine, MSHA I.D. 
No. 15-02263, located in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.310(a)(3) (Installation of main mine 
fans).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of fan signal monitoring provided 
by the Communication Center at the Huff Creek Mine as an alternative to 
having personnel on the surface at the mine to monitor fan operation. 
The petitioner states that:
    (1) Currently the Clover Fork fans can be monitored for operation 
at the Communication Center. This Communication Center is manned 
continuously when miners are underground by a qualified atmospheric 
monitoring system (AMS) operator as required in 30 CFR 75.156. This 
operator is currently responsible for monitoring the Clover Fork Mine, 
Huff Creek Mine, and Darby Fork Mine AMS systems. This operator is 
familiar with the underground workings of the Clover Fork Mine and will 
regularly travel to all working sections every six months as required. 
In addition to having the AMS operator continuously monitoring the main 
mine fans for the Clover Fork Mine, Lone Mountain Processing will be 
installing a system to activate the existing section alarms at all 
three mines to alarm when any main mine fan slows or stops. This alarm 
will provide an audible and visual alarm to alert miners that an event 
has occurred. Constant communications is provided to all three 
interconnected mines via the Huff Creek Communication Center. All 
approved ventilation plans provide instructions to evacuate the mine 
when a fan outage occurs. Should there be an interruption in the fan 
operations, a notification of the interruption can be given to the 
miners underground at Clover Fork Mine from the Huff Creek 
Communication Center. Clover Fork Mine management believes that these 
provisions for fan monitoring will provide a greater degree of safety 
than having mine personnel monitor the fan from the surface at the 
Clover Fork Mine.
    (2) Fan alarm signal monitoring by the Communication Center is 
accomplished in two ways: First by fan signal connection to mine phones 
and by a fiber optic line that is from the Clover Fork Mine to the Huff 
Creek Mine. Both systems are routed through each mine to an underground 
borehole connection to remove issues with inclement weather. The fiber 
optic line is connected to the CO monitoring and tracking system 
computer at Clover Fork Mine which receives an input from the fan alarm 
signal device. The fiber optic terminates at a computer in the 
Communication Center and provides both audible and visual notification 
if the Clover Fork fan should stop operating, as well as all working 
sections at all three aforementioned mines.
    (3) Voice communication to the Clover Fork Mine is accomplished by 
three separate connections and also by wireless tracking system radios. 
Primary communication is a mine phone line routed through an 
underground borehole connection between the two mines. Backup to the 
mine phone system is an overland copper pair for the emergency phone 
system that is provided by the land line telephone company. A third way 
of communication to the mine is land line telephone to the mine office. 
Tracking system radios mentioned above also provide a wireless fourth 
means of communication.
    (4) The Communication Center is also provided with a ``kill 
feature'' system designed to deenergize the AMS system for the Clover 
Fork Mine should any main mine fan fail. All AMS operators are trained 
how to perform this procedure and written instructions are provided 
inside the Communication Center. This feature will be maintained in 
working order at all times or otherwise immediate corrective actions 
will be taken to correct the condition and a designated person will be 
required to monitor the main mine fans at the Clover Fork Mine until 
the system is in proper working order. The AMS system is routed through 
underground workings and underground borehole connections as previously 
mentioned.
    The petitioner asserts that the proposed alternative method will 
provide a greater degree of safety than having mine personnel monitor 
the fan from the surface at the Clover Fork Mine.
    Docket Number: M-2015-027-C.
    Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, 
Illinois 62930.
    Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11-03156, 
located in Saline County, Illinois.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of nonpermissible electronic testing or diagnostic 
equipment in or inby the last open crosscut. The petitioner states 
that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used include: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage, current, 
resistance, and power measurement devices; ultrasonic thickness gauges; 
electronic component testers; and electronic tachometers. Other testing 
and diagnostic equipment may be used if approved in advance by the MSHA 
District Manager.
    (2) All nonpermissible testing and diagnostic equipment used in or 
inby the last open crosscut will be examined by a qualified person as 
defined in 30 CFR 75.153, prior to use to ensure the equipment is being 
maintained in a safe operating condition. The examination results will 
be recorded in the weekly examination book and will be made available 
to MSHA and the miners at the mine.
    (3) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in or 
inby the last open crosscut.
    (4) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When one percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and the nonpermissible electronic equipment 
will be withdrawn outby the last open crosscut.
    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper

[[Page 3162]]

operating condition as defined in 30 CFR 75.320.
    (6) Except for time necessary to trouble shoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under ``load.''
    (7) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (8) Qualified personnel who used electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    The petitioner asserts that under the terms and conditions of this 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee not less than the 
same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-00935 Filed 1-19-16; 8:45 am]
BILLING CODE 4520-43-P

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