[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9268-9272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3614]


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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 March 19, 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: Roslyn B. Fontaine, Acting 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 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] (E-mail), or 202-693-9441 (Facsimile). [These 
are not toll-free numbers].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    (1) An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    (2) That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2011-044-C.
    Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 
81418.

[[Page 9269]]

    Mine: Bowie No. 2 Mine, MSHA I.D. No. 05-04591, P.O. Box 1488, 
Paonia, Colorado 81418, located in Delta 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 batter-powered non-permissible surveying equipment in 
or inby the last open crosscut, including in the return airways. The 
petitioner states that:
    (1) Equivalent permissible equipment does not exist.
    (2) Equivalent non-electronic surveying equipment is obsolete 
technology and new replacement equipment does not exist; replacement 
parts and reconditioned equipment are becoming increasingly 
unavailable.
    (3) The continued use of obsolete and worn or reconditioned 
equipment that may be inaccurate will result in a diminution of safety 
in that surveys will become increasingly inaccurate which could result 
in:
    (a) The development of entries that are not straight and true.
    (b) Pillar sizes that may become compromised.
    (c) The location of mine workings that may be inaccurate, creating 
reduced barrier pillar sizes when approaching old workings and 
outcrops.
    (4) In the alternative to compliance with the existing standard, 
the petitioner proposes the following:
    (a) Non-permissible surveying equipment will be used only when 
equivalent permissible equipment does not exist.
    (b) All non-permissible surveying equipment will be limited to:
    (i) Topcon Electronic Total Station Model GTS-233W 7.2 volts d.c.
    (ii) Topcon Electronic Total Station Model GTS-235W 7.2 volts d.c.
    (iii) Topcon Electronic Total Station Model GTS-211D 7.2 volts d.c.
    (iv) Nikon Total Station Nivo Series Model Nivo 2.C 3.8 volts d.c.
    (v) Nikon DTM-302 Series Model DTM-352 7.2 volts d.c.
    (vi) Spectra Precision Nomad Data Collector 5.0 volts d.c.
    (vii) Equivalent equipment with equal or lower voltages.
    (c) All non-permissible surveying equipment used in or inby the 
last open crosscut or in a return airway will be examined by a 
qualified person, as defined in 30 CFR 75.153, at least weekly to 
ensure that the equipment is being maintained in a safe operating 
condition. The results of the inspection will be recorded and the 
record will be retained for one year and made available for review by 
MSHA upon request.
    (d) All non-permissible surveying equipment to be used in or inby 
the last open crosscut or in a return airway will be examined in fresh 
air outby the last open crosscut prior to being used to ensure that the 
equipment is being maintained in a safe operating condition. The 
examination will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Powering-up and shutting-down the instrument to ensure proper 
operation.
    (iii) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (e) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut or in a return airway.
    (f) Non-permissible surveying equipment will not be used if methane 
is detected at or above 1.0 percent. When 1.0 percent or more methane 
is detected while the non-permissible surveying equipment is being 
used, the equipment will be deenergized immediately and withdrawn outby 
the last open crosscut or out of a return airway.
    (g) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (h) Non-permissible surveying equipment will not be used when coal 
production is occurring in the entry being surveyed unless it is 
necessary for the surveying.
    (i) Batteries contained in the non-permissible surveying equipment 
will be changed out or charged in intake air outby the last open 
crosscut.
    (j) Personnel who use the non-permissible surveying equipment will 
be trained to recognize the hazards and limitations associated with its 
use.
    (k) 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 of the terms and conditions in this 
petition.
    (l) Within 60 days after this petition 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 
this petition.
    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-2011-045-C.
    Petitioner: Alpha Engineering Services, Inc., 216 Business Street, 
Beckley, West Virginia 25801.
    Mines: Signature Mining, Coalburg No. 1 Mine, MSHA I.D. No. 46-
09082, and Newtown Energy, Coalburg No. 1 Mine, MSHA I.D. No. 46-08993, 
and Patriot Coal, Harris No. 1 Mine, MSHA I.D. No. 46-01271, and 
Newtown Energy, Peerless Rachel Mine, MSHA I.D. No. 46-09258, located 
in Boone County, West Virginia; Arch-Wolf Run, Sentinel Mine, MSHA I.D. 
No. 46-04168, located in Barbour County, West Virginia; Arch-Wolf Run, 
Imperial Mine, MSHA I.D. No. 46-09115, and Arch-Wolf Run, Sago Mine, 
MSHA I.D. No. 46-08791, located in Upshur County, West Virginia; Arch-
Wolf Run, Sycamore 2 Mine, MSHA I.D. No. 46-09060, located in Harrison 
County, West Virginia; Arch-Tygart Valley LLC, Tygart No. 1 Mine, MSHA 
I.D. No. 46-09192, located in Taylor County, West Virginia; Arch-
Beckley LLC, Beckley Pocahontas Mine, MSHA I.D. No. 46-09216, and 
Performance Coal Co., Upper Big Branch Mine, MSHA I.D. No. 46-08436, 
located in Raleigh County, West Virginia; Newtown Energy, Eagle Mine, 
MSHA I.D. No. 46-08759, and Newtown Energy, Coalburg No. 2 Mine, MSHA 
I.D. No. 46-09231, and Speed Mining LLC, American Eagle Mine, MSHA I.D. 
No. 46-05437, located in Kanawha County, West Virginia; Prairie State, 
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington 
County, Illinois; Pinnacle Mining, Pinnacle Mine, MSHA I.D. No. 46-
01816, located in Wyoming 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 the use of battery-powered non-permissible 
surveying equipment in and inby the last open cross-cut, including, but 
not limited to, portable battery-operated mine transits, total station 
surveying equipment, distance meters, and laptop computers. The 
petitioner proposes to use up-to-date, practical, and accurate 
technology in the preparation of mine maps to ensure the safety of the 
miners by providing proper and accurate mining directional control in 
the mine. The petitioner states that:
    (1) Application of the existing standard would result in a 
diminution of safety to the miners.
    (2) Underground mining, by its nature, size, complexity, and 
relative closeness to other abandoned mines, gas/oil wells, and other 
features,

[[Page 9270]]

requires that accurate and precise measurements be completed in a 
prompt and efficient manner.
    (3) The use of currently available non-electronic equipment is less 
accurate and less dependable than the available electronic equipment 
and requires more exposure of surveyors to hazardous mining 
environments. As an alternative to compliance with the existing 
standard, the petitioner proposes the following:
    (a) To examine all non-permissible electronic surveying equipment 
prior to use in or inby the last open crosscut to ensure that the 
equipment is being maintained in a safe operating condition, and have a 
qualified person, as defined in 30 CFR 75.153, examine the equipment at 
intervals not to exceed 7 days. The examination results will be 
recorded in the weekly examination of electrical equipment book. The 
examinations will include:
    (i) Checks of the instrument for any physical damage and the 
integrity of the case.
    (ii) Removal of the battery and an inspection for corrosion and 
damage.
    (iii) Inspection of the contact points to ensure a secure 
connection to the battery.
    (iv) Reinsertion of the battery and a power-up and shut-down of the 
instrument to ensure proper connections.
    (v) Checks of the battery compartment cover to ensure that it is 
securely fastened.
    (b) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut or in the return.
    (c) Non-permissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent. When 1.0 percent 
or more of methane is detected while the non-permissible surveying 
equipment is being used, the equipment will be deenergized immediately 
and the non-permissible electronic equipment will be withdrawn out of 
the return.
    (d) Non-permissible surveying equipment will not be used in areas 
where float coal dust is in suspension.
    (e) Batteries contained in the surveying equipment will be changed 
out or charged in fresh air and not in the return.
    (f) Qualified personnel who use the surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of non-permissible surveying equipment.
    (g) 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 the terms and conditions in this 
petition.
    (h) Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR Part 48 training plan to the District Manager. These proposed 
revisions will specify initial and refresher training regarding the 
terms and conditions stated in the Proposed Decision and Order.
    The petitioner further states that the nature of work at times will 
require that surveying services that would be covered by this petition 
be provided on short notice and, therefore, does not want the petitions 
to apply to specific companies or mines. The petitioner states that the 
list of companies and mines in this petition is not all-inclusive.
    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 Number: M-2011-046-C.
    Petitioner: Alpha Engineering Services, Inc., 216 Business Street, 
Beckley, West Virginia 25801.
    Mines: Signature Mining, Coalburg No. 1 Mine, MSHA I.D. No. 46-
09082, and Newtown Energy, Coalburg No. 1 Mine, MSHA I.D. No. 46-08993, 
and Patriot Coal, Harris No. 1 Mine, MSHA I.D. No. 46-01271, and 
Newtown Energy, Peerless Rachel Mine, MSHA I.D. No. 46-09258, located 
in Boone County, West Virginia; Arch-Wolf Run, Sentinel Mine, MSHA I.D. 
No. 46-04168, located in Barbour County, West Virginia; Arch-Wolf Run, 
Imperial Mine, MSHA I.D. No. 46-09115, and Arch-Wolf Run, Sago Mine, 
MSHA I.D. No. 46-08791, located in Upshur County, West Virginia; Arch-
Wolf Run, Sycamore 2 Mine, MSHA I.D. No. 46-09060, located in Harrison 
County, West Virginia; Arch-Tygart Valley LLC, Tygart No. 1 Mine, MSHA 
I.D. No. 46-09192, located in Taylor County, West Virginia; Arch-
Beckley LLC, Beckley Pocahontas Mine, MSHA I.D. No. 46-09216, and 
Performance Coal Co., Upper Big Branch Mine, MSHA I.D. No. 46-08436, 
located in Raleigh County, West Virginia; Newtown Energy, Eagle Mine, 
MSHA I.D. No. 46-08759, and Newtown Energy, Coalburg No. 2 Mine, MSHA 
I.D. No. 46-09231, and Speed Mining LLC, American Eagle Mine, MSHA I.D. 
No. 46-05437, located in Kanawha County, West Virginia; Prairie State, 
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington 
County, Illinois; Pinnacle Mining, Pinnacle Mine, MSHA I.D. No. 46-
01816, located in Wyoming 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 the use of battery-powered non-permissible 
surveying equipment outby the last open cross-cut in return airways, 
including, but not limited to, portable battery-operated mine transits, 
total station surveying equipment, distance meters, and laptop 
computers. The petitioner proposes to use up-to-date, practical, and 
accurate technology in the preparation of mine maps and ensure the 
safety of the miners by providing proper and accurate mining 
directional control in the mine. The petitioner states that:
    (1) Application of the existing standard would result in a 
diminution of safety to the miners.
    (2) Underground mining, by its nature, size, complexity, and 
relative closeness to other abandoned mines, gas/oil wells, and other 
features, requires that accurate and precise measurements be completed 
in a prompt and efficient manner.
    (3) The use of currently available non-electronic equipment is less 
accurate and less dependable than the available electronic equipment 
and requires more exposure of surveyors to hazardous mining 
environments. As an alternative to compliance with the existing 
standard, the petitioner proposes the following:
    (a) To examine all non-permissible electronic surveying equipment 
prior to use in or inby the last open crosscut to ensure that the 
equipment is being maintained in a safe operating condition, and have a 
qualified person, as defined in 30 CFR 75.153, examine the equipment at 
intervals not to exceed 7 days. The examination results will be 
recorded in the weekly examination of electrical equipment book. The 
examinations will include:
    (i) Checks of the instrument for any physical damage and the 
integrity of the case.
    (ii) Removal of the battery and an inspection for corrosion and 
damage.
    (iii) Inspection of the contact points to ensure a secure 
connection to the battery.
    (iv) Reinsertion of the battery and a power-up and shut-down of the 
instrument to ensure proper connections.
    (v) Checks of the battery compartment cover to ensure that it is 
securely fastened.

[[Page 9271]]

    (b) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut or in the return.
    (c) Non-permissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent. When 1.0 percent 
or more of methane is detected while the non-permissible surveying 
equipment is being used, the equipment will be deenergized immediately 
and the non-permissible electronic equipment will be withdrawn out of 
the return.
    (d) Non-permissible surveying equipment will not be used in areas 
where float coal dust is in suspension.
    (e) Batteries contained in the surveying equipment will be changed 
out or charged in fresh air and not in the return.
    (f) Qualified personnel who use the surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of non-permissible surveying equipment.
    (g) 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 the terms and conditions in this 
petition.
    (h) Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR Part 48 training plan to the District Manager. These proposed 
revisions will specify initial and refresher training regarding the 
terms and conditions stated in the Proposed Decision and Order.
    The petitioner further states that the nature of work at times will 
require that surveying services that would be covered by this petition 
be provided on short notice and, therefore, does not want the petitions 
to apply to specific companies or mines. The petitioner states that the 
list of companies and mines in this petition is not all-inclusive.
    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 Number: M-2011-047-C.
    Petitioner: Alpha Engineering Services, Inc., 216 Business Street, 
Beckley, West Virginia 25801.
    Mines: Signature Mining, Coalburg No. 1 Mine, MSHA I.D. No. 46-
09082, and Newtown Energy, Coalburg No. 1 Mine, MSHA I.D. No. 46-08993, 
and Patriot Coal, Harris No. 1 Mine, MSHA I.D. No. 46-01271, and 
Newtown Energy, Peerless Rachel Mine, MSHA I.D. No. 46-09258, located 
in Boone County, West Virginia; Arch-Wolf Run, Sentinel Mine, MSHA I.D. 
No. 46-04168, located in Barbour County, West Virginia; Arch-Wolf Run, 
Imperial Mine, MSHA I.D. No. 46-09115, and Arch-Wolf Run, Sago Mine, 
MSHA I.D. No. 46-08791, located in Upshur County, West Virginia; Arch-
Wolf Run, Sycamore 2 Mine, MSHA I.D. No. 46-09060, located in Harrison 
County, West Virginia; Arch-Tygart Valley LLC, Tygart No. 1 Mine, MSHA 
I.D. No. 46-09192, located in Taylor County, West Virginia; Arch-
Beckley LLC, Beckley Pocahontas Mine, MSHA I.D. No. 46-09216, and 
Performance Coal Co., Upper Big Branch Mine, MSHA I.D. No. 46-08436, 
located in Raleigh County, West Virginia; Newtown Energy, Eagle Mine, 
MSHA I.D. No. 46-08759, and Newtown Energy, Coalburg No. 2 Mine, MSHA 
I.D. No. 46-09231, and Speed Mining LLC, American Eagle Mine, MSHA I.D. 
No. 46-05437, located in Kanawha County, West Virginia; Prairie State, 
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington 
County, Illinois; Pinnacle Mining, Pinnacle Mine, MSHA I.D. No. 46-
01816, located in Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered non-permissible 
surveying equipment in shaft and slope construction, including, but not 
limited to, portable battery-operated mine transits, total station 
surveying equipment, distance meters, and laptop computers. The 
petitioner proposes to use up-to-date, practical, and accurate 
technology in the preparation of mine maps and ensure the safety of the 
miners by providing proper and accurate mining directional control in 
the mine. The petitioner states that:
    (1) Application of the existing standard would result in a 
diminution of safety to the miners.
    (2) Underground mining, by its nature, size, complexity, and 
relative closeness to other abandoned mines, gas/oil wells, and other 
features, requires that accurate and precise measurements be completed 
in a prompt and efficient manner.
    (3) The use of currently available non-electronic equipment is less 
accurate and less dependable than the available electronic equipment 
and requires more exposure of surveyors to hazardous mining 
environments. As an alternative to compliance with the existing 
standard, the petitioner proposes the following:
    (a) To examine all non-permissible electronic surveying equipment 
prior to use in or inby the last open crosscut to ensure the equipment 
is being maintained in a safe operating condition, and have a qualified 
person, as defined in 30 CFR 75.153, examine the equipment at intervals 
not to exceed 7 days. The examination results will be recorded in the 
weekly examination of electrical equipment book. The examinations will 
include:
    (i) Checks of the instrument for any physical damage and the 
integrity of the case.
    (ii) Removal of the battery and an inspection for corrosion and 
damage.
    (iii) Inspection of the contact points to ensure a secure 
connection to the battery.
    (iv) Reinsertion of the battery and a power-up and shut-down of the 
instrument to ensure proper connections.
    (v) Checks of the battery compartment cover to ensure that it is 
securely fastened.
    (b) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut or in the return.
    (c) Non-permissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent. When 1.0 percent 
or more of methane is detected while the non-permissible surveying 
equipment is being used, the equipment will be deenergized immediately 
and the non-permissible electronic equipment will be withdrawn out of 
the return.
    (d) Non-permissible surveying equipment will not be used in areas 
where float coal dust is in suspension.
    (e) Batteries contained in the surveying equipment will be changed 
out or charged in fresh air and not in the return.
    (f) Qualified personnel who use the surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of non-permissible surveying equipment.
    (g) 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 the terms and conditions in this 
petition.
    (h) Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR Part 48 training plan to the District Manager. These proposed 
revisions will specify initial and refresher training regarding

[[Page 9272]]

the terms and conditions stated in the Proposed Decision and Order.
    The petitioner further states that the nature of work at times will 
require that surveying services that would be covered by this petition 
be provided on short notice and, therefore, does not want the petitions 
to apply to specific companies or mines. The petitioner states that the 
list of companies and mines in this petition is not all-inclusive.
    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 Number: M-2011-014-M.
    Petitioner: St. Marys Cement, Inc. (U.S.), 16000 Bells Ray Road, 
P.O. Box 367, Charlevoix, Michigan 49720.
    Mine: St. Marys Cement, Charlevoix Plant, MSHA I.D. No. 20-00038, 
16000 Bells Ray Road, P.O. Box 367, Charlevoix, Michigan 49720.
    Regulation Affected: 30 CFR 56.14101(a)(2) and (3) (Brakes).
    Modification Request: The petitioner requests a modification of the 
existing standard for self-propelled mobile equipment for its 1997 
Tennant Sweeper, Model 830. The petitioner states that:
    (1) The Tennant Sweeper is operated only on paved flat roads within 
the surface mine property.
    (2) The sweeper primarily operates with use of a hydraulic system. 
When the foot is taken off the accelerator the sweeper stops.
    (3) The back brakes are currently inoperable and the unit is so old 
that the parts are hard to obtain to fix the system.
    (4) The sweeper has a functional front braking system capable of 
stopping and holding the vehicle with a full load on the steepest 
incline it travels.
    (5) The sweeper is operated only on day shift, only travels on dry 
roads and dusty days when the roads are not wet or slippery, and is put 
up for the winter.
    (6) The sweeper is not capable of traveling over 5 miles per hour. 
It is generally run between 3 and 5 miles per hour within the plant. 
The standard on brakes requires at least 10 miles per hour to test the 
brakes, and the sweeper cannot go that fast.
    (7) The sweeper has a fully functional parking brake system capable 
of holding the machine with a full load on the steepest incline it 
travels.
    (8) The unit is not being supported by Tennant, the manufacturer.
    (9) Any spare parts that can be obtained will no longer be produced 
once they are used up.
    (10) What is available to fix the unit has been ordered, and the 
unit is needed to comply with environmental regulations.
    As an alternative, the petitioner proposes to rely on the hydraulic 
system, the front brake system, and the parking brake to stop and hold 
the equipment with its typical load on the maximum grade it travels.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee the miners no less than the same measure of 
protection as provided by the existing standard.

    Dated: February 10, 2012.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2012-3614 Filed 2-15-12; 8:45 am]
BILLING CODE 4510-43-P