Petitions for Modification of Application of Existing Mandatory Safety Standards, 61332-61334 [2017-27850]
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61332
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
COLLECTION FORMS
Occupational Requirements Survey (Private Industry sample).
Occupational Requirements Survey (State and
local government sample).
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they also
will become a matter of public record.
Signed at Washington, DC, this 20th day of
December 2017.
Kimberley Hill,
Chief, Division of Management Systems.
[FR Doc. 2017–27852 Filed 12–26–17; 8:45 am]
BILLING CODE 4510–24–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:
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 MSHA’s Office of
Standards, Regulations, and Variances
on or before January 26, 2018.
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, 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 petition and
comments during normal business
hours at the address listed above.
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SUMMARY:
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List form numbers
ORS Form 15–1P
ORS Form 4 PPD–4P
ORS Form 4 PPD–4PA
List form numbers
ORS Form 15–1G
ORS Form 4 PPD–4G
ORS Form 4 PPD–4GA
Name form Establishment.
Collection Forms for Private Industry.
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: 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.
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 the size and
complexity of mine plans, require 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) Use nonpermissible electronic
surveying equipment when equivalent
permissible electronic surveying
equipment is not available.
Nonpermissible equipment will include
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 safe operating condition.
These examinations 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 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
Name form Establishment.
Collection Forms for Governments.
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
(Secretary) 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–2017–027–C.
Petitioner: Bronco Utah Operations,
LLC, P.O. Box 527, Emery, Utah 84522.
Mine: Emery Mine, MSHA I.D. No.
42–00079, located in Emery 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 batterypowered nonpermissible surveying
equipment in or inby the last open
crosscut, including, but not limited to,
PO 00000
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
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
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 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–2017–028–C.
Petitioner: Bronco Utah Operations,
LLC, P.O. Box 527, Emery, Utah 84522.
Mine: Emery Mine, MSHA I.D. No.
42–00079, located in Emery County,
Utah.
Regulation Affected: 30 CFR 507–1(a)
(Electric equipment other than powerconnection 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 batterypowered nonpermissible surveying
equipment in return airways, including,
but not limited to, portable batteryoperated 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
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21:43 Dec 26, 2017
Jkt 244001
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 the size and
complexity of mine plans, require 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) Use nonpermissible electronic
surveying equipment when equivalent
permissible electronic surveying
equipment is not available.
Nonpermissible equipment will include
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 safe operating condition.
These examinations 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 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
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
airway.
PO 00000
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61333
(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 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–2017–029–C.
Petitioner: Bronco Utah Operations,
LLC, P.O. Box 527, Emery, Utah 84522.
Mine: Emery Mine, MSHA I.D. No.
42–00079, located in Emery 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 batterypowered nonpermissible surveying
equipment within 150 feet of longwall
faces and pillar workings. Batterypowered nonpermissible surveying
equipment includes, but is 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 the size and
complexity of mine plans, require that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
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61334
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
following as an alternative to the
existing standard:
(a) Use nonpermissible electronic
surveying equipment when equivalent
permissible electronic surveying
equipment is not available.
Nonpermissible equipment will include
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 safe
operating condition. These
examinations 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 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
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
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
VerDate Sep<11>2014
21:43 Dec 26, 2017
Jkt 244001
until MSHA has 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.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2017–27850 Filed 12–26–17; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Division of Coal Mine Workers’
Compensation; Proposed Extension of
Existing Collection; Comment Request
ACTION:
Notice.
Currently, the Office of
Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Miner’s Claim for
Benefits under the Black Lung Benefit’s
Act (CM–911) and Employment History
(CM–911A). A copy of the proposed
information collection request can be
obtained by contacting the office listed
below in the addresses section of this
Notice. This program helps to ensure
that requested data can be provided in
the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the impact of
collection requirements on respondents
can be properly assessed.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
February 26, 2018.
ADDRESSES: You may submit comments
by mail, delivery service, or by hand to
Ms. Yoon Ferguson, U.S. Department of
Labor, 200 Constitution Ave. NW, Room
S–3323, Washington, DC 20210; by fax
to (202) 354–9647; or by Email to
ferguson.yoon@dol.gov. Please use only
one method of transmission for
comments (mail/delivery, fax, or Email).
Please note that comments submitted
SUMMARY:
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
after the comment period will not be
considered.
The
Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent burden, conducts a
preclearance consultation program to
provide the general public and Federal
agencies with an opportunity to
comment on proposed and/or
continuing collections of information in
accordance with the Paperwork
Reduction Act of 1995 (PRA95).
I. Background: The Black Lung
Benefits Act (BLBA), (30 U.S.C. 901 et
seq.) provides benefits to coal miners
who are totally disabled due to
pneumoconiosis (black lung disease)
and to certain survivors of miners.
Miners entitled to benefits also receive
medical benefits for treatment related to
their pneumoconiosis and resulting
disability. A miner who applies for
black lung benefits must complete the
CM–911 (application form). The
completed form gives basic identifying
information about the applicant and is
the beginning of the development of the
black lung claim. Title 20 CFR 725.304a
authorizes this information collection.
The CM–911A (employment history
form), when completed, provides a
complete history of the miner’s
employment and helps to establish
whether the individual currently or
formerly worked in the nation’s coal
mines and how long that employment
lasted. Title 20 CFR 725.404(a)
authorizes this information collection.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
* Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, 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;
* enhance the quality, utility and
clarity of the information to be
collected; 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 submissions
of responses.
III. Current Actions: The Department
of Labor seeks the approval for the
extension of this currently-approved
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61332-61334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27850]
-----------------------------------------------------------------------
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: 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 MSHA's Office
of Standards, Regulations, and Variances on or before January 26, 2018.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. 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, 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 petition 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),
[email protected] (Email), or 202-693-9441 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: 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.
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 (Secretary)
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-2017-027-C.
Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah
84522.
Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery 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, 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 the size and complexity of mine plans, require 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) Use nonpermissible electronic surveying equipment when
equivalent permissible electronic surveying equipment is not available.
Nonpermissible equipment will include 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 safe
operating condition. These examinations 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 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
[[Page 61333]]
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 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 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-2017-028-C.
Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah
84522.
Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery County,
Utah.
Regulation Affected: 30 CFR 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 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 the size and complexity of mine plans, require 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) Use nonpermissible electronic surveying equipment when
equivalent permissible electronic surveying equipment is not available.
Nonpermissible equipment will include 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 safe operating condition.
These examinations 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 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 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 airway.
(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 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-2017-029-C.
Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah
84522.
Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery 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 longwall faces and pillar
workings. Battery-powered nonpermissible surveying equipment includes,
but is 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 the size and complexity of mine plans, require that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the
[[Page 61334]]
following as an alternative to the existing standard:
(a) Use nonpermissible electronic surveying equipment when
equivalent permissible electronic surveying equipment is not available.
Nonpermissible equipment will include 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 safe operating condition. These examinations 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 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 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 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 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.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-27850 Filed 12-26-17; 8:45 am]
BILLING CODE 4520-43-P
