[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19722-19737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7789]
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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
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 May 2, 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: 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.
4. Hand-Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209-3939. Individuals who submit comments by
hand-delivery 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
[[Page 19723]]
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 Numbers: M-2012-030-C.
Petitioner: Rhino Eastern, LLC, P.O. Box 260, Bolt, West Virginia
25817.
Mines: Eagle No. 2 Mine, MSHA I.D. No. 46-09201; 600 Glen Rogers
Ravencliff Road, Glen Rogers, West Virginia 25817, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. The petitioner
states that:
(1) Inspection and functional testing of the complete deluge-type
water spray system are conducted weekly.
(2) Currently, each spray nozzle is provided with blow-off dust
covers.
(3) In view of frequent inspections and functional testing of the
system, the dust covers are not necessary because the nozzles can be
maintained in an unclogged condition through weekly use. The proposed
modification will eliminate the potential hazard of reaching across or
removing guarding to replace the caps.
(4) It is burdensome to remove blow-off dust covers from the
nozzles and recap the large number of covers on a weekly basis after
each inspection and functional test. The petitioner proposes to remove
the covers and conduct weekly inspection and functional testing of the
complete deluge-type water spray system.
The petitioner asserts that the alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by the existing standard.
Docket Numbers: M-2012-031-C.
Petitioner: White Oak Resources, LLC, 121 S. Jackson Street, P.O.
Box 339, McLeansboro, Illinois 62859.
Mines: White Oak Mine No. 1, MSHA I.D. No. 11-03203, 121 S. Jackson
Street, P.O. Box 339, McLeansboro, Illinois 62859, located in Hamilton
County, Illinois.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of a motor grader equipped with an
OEM braking system with design features and operating procedures that
will provide the same measure of protection as the existing standard
for the Getman Roadbuilder (motor grader), Model RDG-1540C, Serial
Number 460-004. The petitioner states that:
(1) The use of motor graders has contributed to the maintenance of
safe travelways, including escapeways, and has been a contributing
factor to the safe operation of underground mines.
(2) Enforcement of this regulation, on this particular machine,
prohibits its use and will adversely affect the ability to maintain
underground roadways in a safe condition.
(3) As designed and built, this machine has four drive wheels
(rear) and two front (steering) wheels. There are dual brake systems on
the four rear wheels and no braking system on the front wheels.
Approximately 74 percent of the total machine weight is over the four
rear wheels.
(4) The weight distribution assures that the brakes on the rear
wheels of the motor grader are sufficient to safely stop the machine.
(5) The proposed alternative method may even provide a greater
degree of safety in certain in-mine conditions. Various roadway
maintenance products are frequently needed to provide a roadway free of
wet, muddy conditions that affect safe steering and braking functions.
Rock and gravel are frequently used in these conditions. The
application of a front braking system may cause the motor grader to
skid on the previously applied gravel, especially on grades, and
compromise steering.
(6) The rear wheels will travel over a more uniform floor as they
are positioned behind the lowered moldboard and braking would occur on
a superior floor condition.
(7) The front axle is subject to numerous directional forces from
the axle oscillation, wheel steering that can range up to 50 degrees
both left and right as well as the wheels leaning up to 18 degrees
making the application of brakes on these wheels impracticable and
potentially counterproductive. The petitioner proposes the following
alternative method:
(a) The maximum speeds of the grader will be less than 10 miles per
hour (mph) both forward and reverse by permanently blocking out any
gear or gear ratio that provides higher speeds or by using
transmission(s) and differential(s) geared in accordance with the
manufacturer that limits the maximum speed to 10 mph.
(b) The motor grader/road builder will comply with all other design
and safety performance requirements contained in 30 CFR 75.1909 and
75.1910.
(c) Grader operators will be trained to lower the moldboard, the
component that performs the grading function, to provide additional
stopping capability in emergency situations. This training will be
documented on MSHA Form 5000-23.
(d) Items (a) and (c) of the alternative method above will be
included in the initial and refresher training required in 30 CFR Part
48.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Numbers: M-2012-032-C, M-2012-033-C, and M-2012-034-C.
Petitioner: Midland Trail Energy, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Blue Creek No. 1 Mine, MSHA I.D. No. 46-09297, Docket No. M-
2012-032-C; Blue Creek No. 2 Mine, MSHA I.D. No. 46-09296, Docket No.
M-2012-033-C; and Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107,
Docket No. M-2012-034-C; 3301 Point Lick Road, Charleston, West
Virginia 25306, located in Kanawha 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
[[Page 19724]]
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
(j) 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 Numbers: M-2012-035-C, M-2012-036-C, and M-2012-037-C.
Petitioner: Midland Trail Energy, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Blue Creek No. 1 Mine, MSHA I.D. No. 46-09297, Docket No. M-
2012-035-C; Blue Creek No. 2 Mine, MSHA I.D. No. 46-09296, Docket No.
M-2012-036-C; and Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107,
Docket No. M-2012-037-C; 3301 Point Lick Road, Charleston, West
Virginia 25306, located in Kanawha 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 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 upon 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.
[[Page 19725]]
(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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of 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.
(j) 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 Numbers: M-2012-038-C, M-2012-039-C, and M-2012-040-C.
Petitioner: Midland Trail Energy, LLC, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Blue Creek No. 1 Mine, MSHA I.D. No. 46-09297, Docket No. M-
2012-038-C; Blue Creek No. 2 Mine, MSHA I.D. No. 46-09296, Docket No.
M-2012-039-C; and Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107,
Docket No. M-2012-040-C, 3301 Point Lick Road, Charleston, West
Virginia 25306, located in Kanawha 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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.
(j) 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 Numbers: M-2012-041-C and M-2012-042-C.
Petitioner: Speed Mining, LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Coon Hollow Tunnel Mine, MSHA I.D. No. 46-09099, Docket No.
M-2012-041-C; and American Eagle Mine, MSHA I.D. No. 46-05437, Docket
No. M-2012-042-C; 200 Remington Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in Kanawha 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
[[Page 19726]]
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
(j) 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 Numbers: M-2012-043-C and M-2012-044-C.
Petitioner: Speed Mining, LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Coon Hollow Tunnel Mine, MSHA I.D. No. 46-09099, Docket No.
M-2012-043-C; and American Eagle Mine, MSHA I.D. No. 46-05437, Docket
No. M-2012-044-C; 200 Remington Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in Kanawha 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
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of surveying equipment
will be properly trained to recognize the hazards associated with the
use of
[[Page 19727]]
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.
(j) 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 Numbers: M-2012-045-C and M-2012-046-C.
Petitioner: Speed Mining, LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Coon Hollow Tunnel Mine, MSHA I.D. No. 46-09099, Docket No.
M-2012-045-C; and American Eagle Mine, MSHA I.D. No. 46-05437, Docket
No. M-2012-046-C; 200 Remington Coal Lane, Coal Fork Hollow, Cabin
Creek, West Virginia 25035, located in Kanawha 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 extents 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-047-C.
Petitioner: Dodge Hill Mining Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Dodge Hill No. 1 Mine, MSHA I.D. No. 15-18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located in Union County, Kentucky.
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) In order 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 19728]]
(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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-048-C.
Petitioner: Dodge Hill Mining Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Dodge Hill No. 1 Mine, MSHA I.D. No. 15-18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located in Union County, Kentucky.
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
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-049-C.
Petitioner: Dodge Hill Mining Company, LLC, Three Gateway Center,
[[Page 19729]]
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Dodge Hill No. 1 Mine, MSHA I.D. No. 15-18335, 435 Davis Mine
Road, Sturgis, Kentucky 42459, located in Union County, Kentucky.
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 extents 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-050-C.
Petitioner: Ohio County Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Freedom Mine, MSHA I.D. No. 15-17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in Henderson County, Kentucky.
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 upon request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously
[[Page 19730]]
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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-051-C.
Petitioner: Ohio County Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Freedom Mine, MSHA I.D. No. 15-17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in Henderson County, Kentucky.
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
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-052-C.
Petitioner: Ohio County Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Freedom Mine, MSHA I.D. No. 15-17587, 19050 Hwy 1078 South,
Henderson, Kentucky 42420, located in Henderson County, Kentucky.
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
[[Page 19731]]
mines that may mine in close proximity to these same active mines it is
necessary to determine the exact location and extents 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-053-C.
Petitioner: Remington, LLC, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Winchester Mine, MSHA I.D. No. 46-09230, 800 Toms Fork,
Eskdale, West Virginia 25075, located in Kanawha 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
[[Page 19732]]
(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.
(j) 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-2012-054-C.
Petitioner: Remington, LLC, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Winchester Mine, MSHA I.D. No. 46-09230, 800 Toms Fork,
Eskdale, West Virginia 25075, located in Kanawha 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
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-055-C.
Petitioner: Remington, LLC, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Winchester Mine, MSHA I.D. No. 46-09230, 800 Toms Fork,
Eskdale, West Virginia 25075, located in Kanawha 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 extents 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
[[Page 19733]]
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-056-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA I.D. No. 05-04952, 29615 PCR
33, Oak Creek, Colorado 80467, located in Routt County, Colorado.
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-057-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA I.D. No. 05-04952, 29615 PCR
[[Page 19734]]
33, Oak Creek, Colorado 80467, located in Routt County, Colorado.
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
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-058-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA I.D. No. 05-04952, 29615 PCR
33, Oak Creek, Colorado 80467, located in Routt County, Colorado.
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 extents 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 upon 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.
[[Page 19735]]
(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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-059-C.
Petitioner: Eastern Associated Coal, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Matewan Tunnel Mine, MSHA I.D. No. 46-08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located in Boone 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air outby the last open crosscut.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-060-C.
Petitioner: Eastern Associated Coal, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Matewan Tunnel Mine, MSHA I.D. No. 46-08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located in Boone 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
[[Page 19736]]
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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air out of the return.
(h) Qualified personnel engaged in the use of 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.
(j) 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-2012-061-C.
Petitioner: Eastern Associated Coal, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Matewan Tunnel Mine, MSHA I.D. No. 46-08610, HRC 78 Box 113,
Wharton, West Virginia 25208, located in Boone 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) In order to comply with requirements of 30 CFR 75.372,
75.1002(a), and 75.1200, use of the most practical and accurate
surveying equipment is necessary. In order to ensure the safety of the
miners in active mines and to protect miners in future mines which may
mine in close proximity to these same active mines it is necessary to
determine the exact location and extents 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 upon 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 contained in the surveying equipment must be changed
out or charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel engaged in the use of 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
[[Page 19737]]
compliance with all the terms and conditions in this petition.
(j) 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.
Dated: March 28, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-7789 Filed 3-30-12; 8:45 am]
BILLING CODE 4510-43-P