[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67914-67922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30158]


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

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of petitions for modification of existing mandatory 
safety standards.

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

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 filed by the parties listed below to modify 
the application of existing mandatory safety standards published 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 January 20, 2010.

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].
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209, 
Attention: Patricia W. Silvey, 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, Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express

[[Page 67915]]

on or before the deadline for comments. Individuals who submit comments 
by hand-delivery are required to check in at the receptionist desk on 
the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
[email protected] (E-mail), or 202-693-9441 (Telefax). [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 determines that: (1) An 
alternative method of achieving the result of such standard exists 
which will at all times guarantee no less than the same measure of 
protection afforded the miners of such mine by such standard; or (2) 
that the application of such standard to such mine will result in a 
diminution of safety to the miners in such mine. In addition, the 
regulations at 30 CFR 44.10 and 44.11 establish the requirements and 
procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2009-023-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road 
65, Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA I. D No. 05-03505, located in Rio Blanco 
County, Colorado.
    Regulation Affected: 30 CFR 75.380(d)(4)(iv) (Escapeways; 
bituminous and lignite mines).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance by 
allowing a reduction in the required width of at least six feet of the 
working section's alternate escapeway so that the alternate escapeway 
can be moved to the conveyor belt haulage entry. The reduction in the 
required width of at least six feet will be between the mobile 
equipment and the conveyor belt structure for a distance of up to 500 
feet. The Deserado Mine has mobile power center equipment and related 
cables suspended from a monorail in the haulage entry offset from and 
parallel to the conveyor belt. The reduced width in the proposed 
alternate escapeway will be between the belt structure and the hanging 
cables and power center equipment. The petitioner states that: (1) The 
power center and related cables and hydraulic hoses will be classified 
as ``mobile equipment'' thereby allowing a reduction in the alternate 
escapeway between the belt structure and mobile equipment; and (2) the 
conditions in the proposed location for the alternate escapeway in the 
working section are similar to those in the alternate escapeway already 
approved and in use in the belt entry near the headgate of the longwall 
section. The petitioner further states that the following precautions 
will be taken: (a) Reflective signs indicating ``Limited Clearance'' 
will be posted and maintained at both ends of the entire affected area 
where the clearance is less than 6 feet; (b) all employees required to 
work on the development section inby the affected area will be 
instructed on the impact of limited clearance and the importance of 
maintaining the escapeway in safe and travelable condition; (c) the 
walkway will be kept free of all hazards and obstructions, and all 
extraneous material not essential to the mining process, such as spare 
parts, loose rock and debris, will be removed to ensure a safe 
travelable walkway; (d) roof bolts installed as primary roof supports 
will not be used in mounting the monorail system, and supplemental roof 
bolts will be utilized for mounting the monorail system; and (e) roof 
bolts used to support the monorail will be of suitable length or type 
to assure the monorail is anchored in competent roof or designed for 
the roof structure and will be of suitable strength to support the 
monorail and the suspended equipment. The petitioner asserts that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded the miners by the existing 
standard.

    Docket Number: M-2009-024-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15-18647, Huff Creek 
No. 1 Mine, MSHA I.D. No. 15-17234, and Darby Fork No. 1 Mine, MSHA 
I.D. No. 15-02263, all located in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit: (1) The maximum length of the 480-volt 
trailing cables supplying power to the permissible pumps to be 5000 
feet, and no greater than 30 horsepower; (2) the minimum kilovolt-
ampere (KVA) rating of the power center supplying power to the pumps to 
be no less than 500 KVA; (3) the trailing cables for the 480-volt 
permissible pumps that are longer than 550 feet to not be smaller than 
No. 6 American Wire Gauge (AWG); (4) all circuit breakers used to 
protect No. 6 AWG trailing cables exceeding 550 feet in length to have 
instantaneous trip units calibrated to trip at 60 amperes. The trip 
setting of the circuit breakers will be sealed or locked so that the 
setting cannot be changed, and will have permanent, legible labels. 
Each label will be maintained legible and will identify the circuit 
breaker as being suitable for protecting No. 6 AWG cables; (5) 
replacement instantaneous trip units used to protect No. 6 AWG trailing 
cables to be calibrated to trip at 60 amperes, and the setting to be 
sealed or locked; (6) all circuit breakers used to protect No. 2 AWG 
trailing cables exceeding 700 feet in length to have instantaneous trip 
units calibrated to trip at 150 amperes. The trip setting of the 
circuit breakers will be sealed or locked so that the setting cannot be 
changed, and will have permanent, legible labels. Each label will be 
maintained legible and will identify the circuit breaker as being 
suitable for protecting No. 2 AWG cables; (7) replacement instantaneous 
trip units used to protect No. 2 AWG trailing cables to be calibrated 
to trip at 150 amperes and the setting to be sealed or locked; (8) all 
components that provide short-circuit protection to have a sufficient 
interruption rating in accordance with the maximum calculated fault 
currents available; a short-circuit current setting that will not 
exceed the setting specified in the approval documentation or 70 
percent of the minimum available current, whichever is less; (9) 
permanent warning labels to be installed and maintained on the cover(s) 
of the power center or distribution box identifying the location of 
each sealed short-circuit protective device. These labels will warn 
miners not to change or alter these sealed short-circuit breaker 
settings. The petitioner states that: (1) Within 60 days after the 
Proposed Decision and Order becomes final, proposed revisions for its 
approved 30 CFR part 48 training plan, at any of the listed mines, will 
be submitted to the Coal Mine Safety and Health District Manager. The 
training plan will include: (a) Training in the mining methods and 
operating procedures for protecting the trailing

[[Page 67916]]

cables against damage; (b) training in proper procedures for examining 
the trailing cables to ensure they are in safe condition; (c) training 
in the hazards of setting short-circuit interrupting device(s) too high 
to adequately protect the trailing cables; and (d) training in how to 
verify that the circuit interrupting device(s) protecting the trailing 
cable(s) are properly set and maintained. The petitioner asserts that 
the proposed alternative method will at all times guarantee no less 
than the same measure of protection afforded the miners by the 
standard.
    Docket Number: M-2009-025-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered non-permissible 
surveying equipment in or inby the last open crosscut, as it pertains 
to the use of non-permissible surveying equipment, including, but not 
limited to, low-voltage or battery-powered non-permissible survey 
equipment, portable battery-operated mine transits, total station 
surveying equipment, electronic distance meters, and other equipment 
that may have to be used including tools such as data loggers and 
laptop computers. The petitioner proposes the following: (a) Non-
permissible electronic surveying equipment may be used when equivalent 
permissible electronic surveying equipment is not available. Such non-
permissible surveying equipment includes portable battery-powered total 
station surveying equipment, mine transits, distance meters and data 
loggers; (b) all non-permissible electronic surveying equipment to be 
used in or inby the last open crosscut will be examined prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These checks will include: (i) Checking the instrument for any physical 
damage and the integrity of the case; (ii) removing the battery and 
inspecting it 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; and (v) 
checking the battery compartment cover to ensure that it is securely 
fastened; (c) record the results of the inspection and retain for one 
year, and make available to MSHA upon request; (d) a qualified person 
will continuously monitor for methane immediately before and during the 
use of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake 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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to the District 
Manager, which will include specified initial and refresher training 
regarding the terms and conditions stated in the Proposed Decision and 
Order. The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-026-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    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 non-permissible surveying equipment 
in return airways, as it pertains to the use of non-permissible 
surveying equipment, including, but not limited to, low-voltage or 
battery-powered non-permissible survey equipment, portable battery-
operated mine transits, total station surveying equipment, electronic 
distance meters, and other equipment that may have to be used including 
tools such as data loggers and laptop computers. The petitioner 
proposes the following: (a) Non-permissible electronic surveying 
equipment may be used when equivalent permissible electronic surveying 
equipment is not available. Such non-permissible surveying equipment 
includes portable battery-powered total station surveying equipment, 
mine transits, distance meters and data loggers; (b) all non-
permissible electronic surveying equipment to be used in return air 
will be examined prior to use to ensure the equipment is being 
maintained in a safe operating condition. These checks will include: 
(i) Checking the instrument for any physical damage and the integrity 
of the case; (ii) removing the battery and inspecting it 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; and (v) checking the battery 
compartment cover to ensure that it is securely fastened; (c) record 
the results of the inspection and retain for one year, and make 
available to MSHA upon request; (d) a qualified person will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake air out of the return; (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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to

[[Page 67917]]

the District Manager, which will include specified initial and 
refresher training regarding the terms and conditions stated in the 
Proposed Decision and Order. The petitioner asserts that application of 
the existing standard will result in a diminution of safety to the 
miners and the proposed alternative method will at all times guarantee 
no less than the same measure of protection afforded the miners by the 
standard.
    Docket Number: M-2009-027-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment 
within 150 feet of pillar workings or longwall faces, as it pertains to 
use of non-permissible surveying equipment, including, but not limited 
to, low-voltage or battery- powered non-permissible survey equipment, 
portable battery-operated mine transits, total station surveying 
equipment, electronic distance meters, and other equipment that may 
have to be used including tools such as data loggers and laptop 
computers. The petitioner proposes the following: (a) Non-permissible 
electronic surveying equipment may be used when equivalent permissible 
electronic surveying equipment is not available. Such non-permissible 
surveying equipment includes portable battery-powered total station 
surveying equipment, mine transits, distance meters and data loggers; 
(b) all non-permissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These checks will include: (i) Checking the 
instrument for any physical damage and the integrity of the case; (ii) 
removing the battery and inspecting it 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; and (v) checking the battery compartment cover to 
ensure that it is securely fastened; (c) record the results of the 
inspection and retain for one year, and make available to MSHA upon 
request; (d) a qualified person will continuously monitor for methane 
immediately before and during the use of non-permissible surveying 
equipment within 150 feet of pillar workings or longwall faces; (e) 
non-permissible surveying equipment will not be used if methane is 
detected in concentrations at or above the levels specified in 30 CFR 
75.323, for the area being surveyed. When methane is detected at such 
level while the non-permissible surveying equipment is being used, the 
equipment will be de-energized immediately and the non-permissible 
electronic equipment withdrawn further than 150 feet from pillar 
workings or longwall faces; (f) all hand-held methane detectors will be 
MSHA approved and maintained in permissible and proper operating 
condition; (g) batteries contained in the surveying equipment must be 
changed-out or charged in intake air outby the area within 150 feet of 
pillar workings or longwall faces; (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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to the District 
Manager, which will include specified initial and refresher training 
regarding the terms and conditions stated in the Proposed Decision and 
Order. The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-028-C.
    Petitioner: Mountain Coal Company, LLC, 1099 18th Street, Suite 
2150, Denver, Colorado 80802.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
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 the use of battery-powered non-permissible 
surveying equipment in or inby the last open crosscut, as it pertains 
to the use of non-permissible surveying equipment, including, but not 
limited to, low-voltage or battery-powered non-permissible survey 
equipment, portable battery-operated mine transits, total station 
surveying equipment, electronic distance meters, and other equipment 
that may have to be used including tools such as data loggers and 
laptop computers. The petitioner proposes the following: (a) Non-
permissible electronic surveying equipment may be used when equivalent 
permissible electronic surveying equipment is not available. Such non-
permissible surveying equipment includes portable battery-powered total 
station surveying equipment, mine transits, distance meters and data 
loggers; (b) all non-permissible electronic surveying equipment to be 
used in or inby the last open crosscut will be examined prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These checks will include: (i) Checking the instrument for any physical 
damage and the integrity of the case; (ii) removing the battery and 
inspecting it 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; and (v) 
checking the battery compartment cover to ensure that it is securely 
fastened; (c) record the results of the inspection and retain for one 
year, and make available to MSHA upon request; (d) a qualified person 
will continuously monitor for methane immediately before and during the 
use of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake 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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part

[[Page 67918]]

48 training plan to the District Manager, which will include specified 
initial and refresher training regarding the terms and conditions 
stated in the Proposed Decision and Order. The petitioner asserts that 
application of the existing standard will result in a diminution of 
safety to the miners and the proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners by the standard.
    Docket Number: M-2009-029-C.
    Petitioner: Mountain Coal Company, LLC, 1099 18th Street, Suite 
2150, Denver, Colorado 80202.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
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 non-permissible surveying equipment 
in return airways, as it pertains to the use of non-permissible 
surveying equipment, including, but not limited to, low-voltage or 
battery-powered non-permissible survey equipment, portable battery-
operated mine transits, total station surveying equipment, electronic 
distance meters, and other equipment that may have to be used including 
tools such as data loggers and laptop computers. The petitioner 
proposes the following: (a) Non-permissible electronic surveying 
equipment may be used when equivalent permissible electronic surveying 
equipment is not available. Such non-permissible surveying equipment 
includes portable battery-powered total station surveying equipment, 
mine transits, distance meters and data loggers; (b) all non-
permissible electronic surveying equipment to be used in return air 
will be examined prior to use to ensure the equipment is being 
maintained in a safe operating condition. These checks will include: 
(i) Checking the instrument for any physical damage and the integrity 
of the case; (ii) removing the battery and inspecting it 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; and (v) checking the battery 
compartment cover to ensure that it is securely fastened; (c) record 
the results of the inspection and retain for one year, and make 
available to MSHA upon request; (d) a qualified person will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake air out of the return; (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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to the District 
Manager, which will include specified initial and refresher training 
regarding the terms and conditions stated in the Proposed Decision and 
Order. The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-030-C.
    Petitioner: Mountain Coal Company, LLC, 1099 18th Street, Suite 
2150, Denver, Colorado 80202.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
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 non-permissible surveying equipment 
within 150 feet of pillar workings or longwall faces, as it pertains to 
use of non-permissible surveying equipment, including, but not limited 
to, low-voltage or battery- powered non-permissible survey equipment, 
portable battery-operated mine transits, total station surveying 
equipment, electronic distance meters, and other equipment that may 
have to be used including tools such as data loggers and laptop 
computers. The petitioner proposes the following: (a) Non-permissible 
electronic surveying equipment may be used when equivalent permissible 
electronic surveying equipment is not available. Such non-permissible 
surveying equipment includes portable battery-powered total station 
surveying equipment, mine transits, distance meters and data loggers; 
(b) all non-permissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These checks will include: (i) Checking the 
instrument for any physical damage and the integrity of the case; (ii) 
removing the battery and inspecting it 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; and (v) checking the battery compartment cover to 
ensure that it is securely fastened; (c) record the results of the 
inspection and retain for one year, and make available to MSHA upon 
request; (d) a qualified person will continuously monitor for methane 
immediately before and during the use of non-permissible surveying 
equipment within 150 feet of pillar workings or longwall faces; (e) 
non-permissible surveying equipment will not be used if methane is 
detected in concentrations at or above the levels specified in 30 CFR 
75.323, for the area being surveyed. When methane is detected at such 
level while the non-permissible surveying equipment is being used, the 
equipment will be de-energized immediately and the non-permissible 
electronic equipment withdrawn further than 150 feet from pillar 
workings or longwall faces; (f) all hand-held methane detectors will be 
MSHA approved and maintained in permissible and proper operating 
condition; (g) batteries contained in the surveying equipment must be 
changed-out or charged in intake air outby the area within 150 feet of 
pillar workings or longwall faces; (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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible surveying equipment will not be put into service until 
MSHA has initially inspected the

[[Page 67919]]

equipment and determined that it is in compliance with all the terms 
and conditions in this petition; and (j) submit proposed revisions for 
the part 48 training plan to the District Manager, which will include 
specified initial and refresher training regarding the terms and 
conditions stated in the Proposed Decision and Order. The petitioner 
asserts that application of the existing standard will result in a 
diminution of safety to the miners and the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
afforded the miners by the standard.
    Docket Number: M-2009-031-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Dugout Canyon Mine, MSHA I.D. No. 42-01890, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered non-permissible 
surveying equipment in or inby the last open crosscut, as it pertains 
to the use of non-permissible surveying equipment, including, but not 
limited to, low-voltage or battery- powered non-permissible survey 
equipment, portable battery-operated mine transits, total station 
surveying equipment, electronic distance meters, and other equipment 
that may have to be used including tools such as date loggers and 
laptop computers. The petitioner proposes the following: (a) Non-
permissible electronic surveying equipment may be used when equivalent 
permissible electronic surveying equipment is not available. Such non-
permissible surveying equipment includes portable battery-powered total 
station surveying equipment, mine transits, distance meters and data 
loggers; (b) all non-permissible electronic surveying equipment to be 
used in or inby the last open crosscut will be examined prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These checks will include: (i) Checking the instrument for any physical 
damage and the integrity of the case; (ii) removing the battery and 
inspecting it 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; and (v) 
checking the battery compartment cover to ensure that it is securely 
fastened; (c) record the results of the inspection and retain for one 
year, and make available to MSHA upon request; (d) a qualified person 
will continuously monitor for methane immediately before and during the 
use of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake 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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to the District 
Manager, which will include specified initial and refresher training 
regarding the terms and conditions stated in the Proposed Decision and 
Order. The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-032-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Dugout Canyon Mine, MSHA I.D. No. 42-01890, located in Carbon 
County, Utah.
    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 non-permissible surveying equipment 
in return airways, as it pertains to the use of non-permissible 
surveying equipment, including, but not limited to, low-voltage or 
battery-powered non-permissible survey equipment, portable battery-
operated mine transits, total station surveying equipment, electronic 
distance meters, and other equipment that may have to be used including 
tools such as data loggers and laptop computers. The petitioner 
proposes the following: (a) Non-permissible electronic surveying 
equipment may be used when equivalent permissible electronic surveying 
equipment is not available. Such non-permissible surveying equipment 
includes portable battery-powered total station surveying equipment, 
mine transits, distance meters and data loggers; (b) all non-
permissible electronic surveying equipment to be used in return air 
will be examined prior to use to ensure the equipment is being 
maintained in a safe operating condition. These checks will include: 
(i) Checking the instrument for any physical damage and the integrity 
of the case; (ii) removing the battery and inspecting it 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; and (v) checking the battery 
compartment cover to ensure that it is securely fastened; (c) record 
the results of the inspection and retain for one year, and make 
available to MSHA upon request; (d) a qualified person will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake air out of the return; (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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible surveying equipment will not be put into service until 
MSHA has initially inspected the equipment and determined that it is in 
compliance with

[[Page 67920]]

all the terms and conditions in this petition; and (j) submit proposed 
revisions for the part 48 training plan to the District Manager, which 
will include specified initial and refresher training regarding the 
terms and conditions stated in the Proposed Decision and Order. The 
petitioner asserts that application of the existing standard will 
result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-033-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Dugout Canyon Mine, MSHA I.D. No. 42-01890, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment 
within 150 feet of pillar workings or longwall faces, as it pertains to 
use of non-permissible surveying equipment, including, but not limited 
to, low-voltage or battery- powered non-permissible survey equipment, 
portable battery-operated mine transits, total station surveying 
equipment, electronic distance meters, and other equipment that may 
have to be used including tools such as data loggers and laptop 
computers. The petitioner proposes the following: (a) Non-permissible 
electronic surveying equipment may be used when equivalent permissible 
electronic surveying equipment is not available. Such non-permissible 
surveying equipment includes portable battery-powered total station 
surveying equipment, mine transits, distance meters and data loggers; 
(b) all non-permissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These checks will include: (i) Checking the 
instrument for any physical damage and the integrity of the case; (ii) 
removing the battery and inspecting it 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; and (v) checking the battery compartment cover to 
ensure that it is securely fastened; (c) record the results of the 
inspection and retain for one year, and make available to MSHA upon 
request; (d) a qualified person will continuously monitor for methane 
immediately before and during the use of non-permissible surveying 
equipment within 150 feet of pillar workings or longwall faces; (e) 
non-permissible surveying equipment will not be used if methane is 
detected in concentrations at or above the levels specified in 30 CFR 
75.323, for the area being surveyed. When methane is detected at such 
level while the non-permissible surveying equipment is being used, the 
equipment will be de-energized immediately and the non-permissible 
electronic equipment withdrawn further than 150 feet from pillar 
workings or longwall faces; (f) all hand-held methane detectors will be 
MSHA approved and maintained in permissible and proper operating 
condition; (g) batteries contained in the surveying equipment must be 
changed-out or charged in intake air outby the area within 150 feet of 
pillar workings or longwall faces; (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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to the District 
Manager, which will include specified initial and refresher training 
regarding the terms and conditions stated in the Proposed Decision and 
Order. The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-034-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Skyline 3 Mine, MSHA I.D. No. 42-01566, located in 
Carbon County, Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered non-permissible 
surveying equipment in or inby the last open crosscut, as it pertains 
to the use of non-permissible surveying equipment including, but not 
limited to, low-voltage or battery-powered non-permissible survey 
equipment, portable battery-operated mine transits, total station 
surveying equipment, electronic distance meters, and other equipment 
that may have to be used including tools such as data loggers and 
laptop computers. The petitioner proposes the following: (a) Non-
permissible electronic surveying equipment may be used when equivalent 
permissible electronic surveying equipment is not available. Such non-
permissible surveying equipment includes portable battery-powered total 
station surveying equipment, mine transits, distance meters and data 
loggers; (b) all non-permissible electronic surveying equipment to be 
used in or inby the last open crosscut will be examined prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These checks will include: (i) Checking the instrument for any physical 
damage and the integrity of the case; (ii) removing the battery and 
inspecting it 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; and (v) 
checking the battery compartment cover to ensure that it is securely 
fastened; (c) record the results of the inspection and retain for one 
year, and make available to MSHA upon request; (d) a qualified person 
will continuously monitor for methane immediately before and during the 
use of non-permissible surveying equipment in or inby the last open 
crosscut; (e) non-permissible surveying equipment will not be used if 
methane is detected in concentrations at or above the levels specified 
in 30 CFR 75.323, for the area being surveyed. When methane is detected 
at such level while the non-permissible surveying equipment is being 
used, the equipment will be de-energized immediately and the non-
permissible 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; (g) batteries 
contained in the surveying equipment must be changed-out or charged in 
intake 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 non-permissible 
surveying equipment in areas where methane could be present; (i) the 
non-permissible surveying equipment will not be put into service until 
MSHA has initially inspected the

[[Page 67921]]

equipment and determined that it is in compliance with all the terms 
and conditions in this petition; and (j) submit proposed revisions for 
the part 48 training plan to the District Manager, which will include 
specified initial and refresher training regarding the terms and 
conditions stated in the Proposed Decision and Order. The petitioner 
asserts that application of the existing standard will result in a 
diminution of safety to the miners and the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
afforded the miners by the standard.
    Docket Number: M-2009-035-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Skyline 3 Mine, MSHA I.D. No. 42-01566, located in 
Carbon County, Utah.
    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 non-permissible surveying equipment 
in return airways, as it pertains to the use of non-permissible 
surveying equipment, including, but not limited to, low-voltage or 
battery-powered non-permissible survey equipment, portable battery-
operated mine transits, total station surveying equipment, electronic 
distance meters, and other equipment that may have to be used including 
tools such as data loggers and laptop computers. Petitioner proposes 
the following: (a) Non-permissible electronic surveying equipment may 
be used when equivalent permissible electronic surveying equipment is 
not available. Such non-permissible surveying equipment includes 
portable battery-powered total station surveying equipment, mine 
transits, distance meters and data loggers; (b) all non-permissible 
electronic surveying equipment to be used in return air will be 
examined prior to use to ensure the equipment is being maintained in a 
safe operating condition. These checks will include: (i) Checking the 
instrument for any physical damage and the integrity of the case; (ii) 
removing the battery and inspecting it 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; and (v) checking the battery compartment cover to 
ensure that it is securely fastened; (c) record the results of the 
inspection and retain for one year, and make available to MSHA upon 
request; (d) a qualified person will continuously monitor for methane 
immediately before and during the use of non-permissible surveying 
equipment in or inby the last open crosscut; (e) non-permissible 
surveying equipment will not be used if methane is detected in 
concentrations at or above the levels specified in 30 CFR 75.323, for 
the area being surveyed. When methane is detected at such level while 
the non-permissible surveying equipment is being used, the equipment 
will be de-energized immediately and the non-permissible 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; (g) batteries contained in the 
surveying equipment must be changed-out or charged in intake air out of 
the return; (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 non-permissible surveying 
equipment in areas where methane could be present; (i) the non-
permissible 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; and (j) 
submit proposed revisions for the part 48 training plan to the District 
Manager, which will include specified initial and refresher training 
regarding the terms and conditions stated in the Proposed Decision and 
Order. The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.
    Docket Number: M-2009-036-C.
    Petitioner: Canyon Fuel Company, LLC, 1099 18th Street, Suite 2150, 
Denver, Colorado 80202.
    Mine: Skyline 3 Mine, MSHA I.D. No. 42-01566, located in 
Carbon County, Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment 
within 150 feet of pillar workings or longwall faces, as it pertains to 
use of non-permissible surveying equipment, including, but not limited 
to, low-voltage or battery- powered non-permissible survey equipment, 
portable battery-operated mine transits, total station surveying 
equipment, electronic distance meters, and other equipment that may 
have to be used including tools such as data loggers and laptop 
computers. The petitioner proposes the following: (a) Non-permissible 
electronic surveying equipment may be used when equivalent permissible 
electronic surveying equipment is not available. Such non-permissible 
surveying equipment includes portable battery-powered total station 
surveying equipment, mine transits, distance meters and data loggers; 
(b) all non-permissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces will be examined 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These checks will include: (i) Checking the 
instrument for any physical damage and the integrity of the case; (ii) 
removing the battery and inspecting it 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; and (v) checking the battery compartment cover to 
ensure that it is securely fastened; (c) record the results of the 
inspection and retain for one year, and make available to MSHA upon 
request; (d) a qualified person will continuously monitor for methane 
immediately before and during the use of non-permissible surveying 
equipment within 150 feet of pillar workings or longwall faces; (e) 
non-permissible surveying equipment will not be used if methane is 
detected in concentrations at or above the levels specified in 30 CFR 
75.323, for the area being surveyed. When methane is detected at such 
level while the non-permissible surveying equipment is being used, the 
equipment will be de-energized immediately and the non-permissible 
electronic equipment withdrawn further than 150 feet from pillar 
workings or longwall faces; (f) all hand-held methane detectors will be 
MSHA approved and maintained in permissible and proper operating 
condition; (g) batteries contained in the surveying equipment must be 
changed-out or charged in intake air outby the area within 150 feet of 
pillar workings or longwall faces; (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 non-permissible 
surveying equipment in

[[Page 67922]]

areas where methane could be present; (i) the non-permissible 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; and (j) submit proposed 
revisions for the part 48 training plan to the District Manager, which 
will include specified initial and refresher training regarding the 
terms and conditions stated in the Proposed Decision and Order. The 
petitioner asserts that application of the existing standard will 
result in a diminution of safety to the miners and the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the standard.

    Dated: December 15, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-30158 Filed 12-18-09; 8:45 am]
BILLING CODE 4510-43-P