[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38667-38678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15803]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification submitted to the Mine Safety and Health
[[Page 38668]]
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before July 30, 2012.
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, 1100 Wilson Boulevard, Room 2350, Arlington,
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of
Standards, Regulations and Variances. Persons delivering documents are
required to check in at the receptionist's desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
[email protected] (Email), or 202-693-9441 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
(1) An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
(2) That the application of such standard to such mine will result
in a diminution of safety to the miners in such mine.
In addition, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements and procedures for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2012-115-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Ike Fork 5 Block Deep Mine, MSHA I.D. No. 46-09420, located
in Nicholas County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-116-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Ike Fork 5 Block Deep Mine, MSHA I.D. No. 46-09420, located
in Nicholas County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
[[Page 38669]]
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-117-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Ike Fork 5 Block Deep Mine, MSHA I.D. No. 46-09420, located
in Nicholas County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines, it is necessary to
determine the exact location and extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic
[[Page 38670]]
equipment withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-118-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Lick Branch No. 2 Mine, MSHA I.D. No. 46-08676, located in
Fayette County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-119-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Lick Branch No. 2 Mine, MSHA I.D. No. 46-08676, located in
Fayette County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements). Modification Request: The petitioner
requests a modification of the existing standard to permit an
alternative method of compliance to permit the use of battery-powered
nonpermissible surveying equipment in return airways, including, but
not limited to, portable battery-operated mine transits, total station
surveying equipment, distance meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
[[Page 38671]]
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-120-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Lick Branch No. 2 Mine, MSHA I.D. No. 46-08676, located in
Fayette County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines, it is necessary to
determine the exact location and extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(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 must be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same
[[Page 38672]]
measure of protection as that afforded by the existing standard.
Docket Number: M-2012-121-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Little Eagle Mine No. 1, MSHA I.D. No. 46-08560, located in
Clay County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-122-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Little Eagle Mine No. 1, MSHA I.D. No. 46-08560, located in
Clay County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above
[[Page 38673]]
one percent for the area being surveyed. When methane is detected at
such levels while the nonpermissible surveying equipment is being used,
the equipment will be deenergized immediately and the nonpermissible
electronic equipment withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-123-C.
Petitioner: Little Eagle Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Little Eagle Mine No. 1, MSHA I.D. No. 46-08560, located in
Clay County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines, it is necessary to
determine the exact location and extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(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 must be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-124-C.
Petitioner: Black River Coal, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: War Creek No. 1 Mine, MSHA I.D. No. 44-06859, located in
Tazewell County, Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be
[[Page 38674]]
completed in a prompt and efficient manner. The petitioner proposes the
following as an alternative to the existing standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-125-C.
Petitioner: Black River Coal, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: War Creek No. 1 Mine, MSHA I.D. No. 44-06859, located in
Tazewell County, Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager.
[[Page 38675]]
The revisions will specify initial and refresher training regarding the
terms and conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-126-C.
Petitioner: Black River Coal, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: War Creek No. 1 Mine, MSHA I.D. No. 44-06859, located in
Tazewell County, Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines, it is necessary to
determine the exact location and extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(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 must be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-127-C.
Petitioner: Little Eagle Coal Co. LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Rocklick Coalburg Deep Mine, MSHA I.D. No. 46-09171, located
in Clay County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
[[Page 38676]]
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-128-C.
Petitioner: Little Eagle Coal Co., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Rocklick Coalburg Deep Mine, MSHA I.D. No. 46-09171, located
in Clay County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment must be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-129-C.
Petitioner: Little Eagle Coal Co., Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Rocklick Coalburg Deep Mine, MSHA I.D. No. 46-09171, located
in Clay County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
[[Page 38677]]
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines, it is necessary to
determine the exact location and extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment will be used when
equivalent permissible electronic surveying equipment is not available.
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(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 must be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2012-130-C.
Petitioner: Roaring Creek Coal Company, LLC, A subsidiary of United
Coal Company, LLC and Metinvest Holdings, P.O. Box 1148, Elkins, West
Virginia 26241.
Mine: Roaring Creek Mine, MSHA I.D. No. 46-09401, located in
Randolph County, West Virginia.
Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of nonpermissible low-voltage
electronic testing, diagnostic, measurement, and survey equipment in
all areas underground during slope and bottom development. The
equipment includes digital cameras; laptop computers; video bore
scopes; oscilloscopes; vibration analysis machines; cable fault
detectors; point temperature probes; infrared temperature devices;
insulation testers (meggers); voltage, current, and power measurement
devices; signal analyzer devices; ultrasonic thickness gauges;
electronic component testers; electronic tachometers; total stations;
electronic distance meters; battery drills; and data collectors. The
petitioner states that the proposed alternative method will include the
following proposed protections:
(a) All other electronic testing, diagnostic, measurement, and
survey equipment used during slope and bottom development will be
permissible.
(b) Other testing, diagnostic, measurement, and survey equipment
may be used under this petition for modification if that equipment is
approved in advance by MSHA's District Manager.
(c) All nonpermissible testing and diagnostic equipment used during
slope and bottom development will be examined, by a qualified person as
defined in existing 30 CFR 75.153 or by 30 CFR 77.100, prior to use to
ensure that 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 an authorized
representative of the Secretary and the miners at the mine.
(d) A qualified person as defined in 30 CFR 75.151 or by 30 CFR
77.101 will continuously monitor for methane immediately before and
during the use of nonpermissible low-voltage electronic testing,
diagnostic, measurement, or survey equipment used during slope and
bottom development.
(e) Nonpermissible low-voltage electronic testing, diagnostic,
measurement, or survey equipment will not be used if methane is
detected in concentrations at or above 1.0 percent. When 1.0 percent or
more of methane is detected while the nonpermissible low-voltage
electronic equipment is being used, the equipment will be deenergized
immediately.
(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) Except for the time necessary to troubleshoot under actual
mining conditions, production in the section will cease. However, mined
material may remain in or on the equipment to test and diagnose the
equipment under ``load.''
(h) Nonpermissible low-voltage electronic test, diagnostic,
measurement, or survey equipment will not be used when float coal dust
is in suspension in the area.
(i) All low-voltage electronic test, diagnostic, measurement, and
survey equipment will be used in accordance with the manufacturer's
recommended safe use procedures.
[[Page 38678]]
(j) Qualified personnel engaged in the use of electronic test,
diagnostic, measurement, or survey equipment will be properly trained
to recognize the hazards and limitations associated with the use of
electronic test, diagnostic, measurement, or survey equipment.
(k) Any piece of equipment subject to this petition will be
inspected by an authorized MSHA representative prior to initially
placing it in service underground.
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. These proposed revisions
will specify initial and refresher training regarding the terms and
conditions stated in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method will at
all times provide no less than the same measure of protection afforded
by the existing standard.
Dated: June 22, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-15803 Filed 6-27-12; 8:45 am]
BILLING CODE 4510-43-P