Petitions for Modification of Application of Existing Mandatory Safety Standards, 61332-61334 [2017-27850]

Download as PDF 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. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:43 Dec 26, 2017 Jkt 244001 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 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1 daltland on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 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 Frm 00083 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27DEN1.SGM 27DEN1 daltland on DSKBBV9HB2PROD with NOTICES 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: E:\FR\FM\27DEN1.SGM 27DEN1

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]


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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: 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