[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Notices]
[Pages 50166-50172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20305]


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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 September 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 or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of 
Standards, Regulations and Variances. Persons delivering documents are 
required to check in at the receptionist's desk on the 21st floor. 
Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

I. Background

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

II. Petitions for Modification

    Docket No: M-2012-149-C.
    Petitioner: Patton Mining, LLC, 925 South Main Street, Hillsboro, 
Illinois 62049.
    Mine: Deer Run Mine, MSHA I.D. No. 11-03182, located in Montgomery 
County, Illinois.
    Regulation Affected: 30 CFR 75.900 (Low- and medium-voltage 
circuits serving three-phase alternating current equipment; circuit 
breakers).
    Modification Request: The petitioner requests a modification of the 
existing standard for underground coal mines to permit the use of 
contactors in series with circuit breakers to provide undervoltage and 
ground fault protection for low-voltage power circuits serving three-
phase alternating current equipment. The petitioner proposes to use a 
contactor in series with the circuit breaker in lieu of circuit 
breakers alone. The petitioner states that the circuit breaker would 
provide short circuit protection and the contactor would be equipped to 
provide undervoltage, grounded phase, and overcurrent protection and 
other protective functions normally provided by the circuit breaker. 
The petitioner proposes to provide undercurrent and ground-fault 
protection for three-phase alternating current low-voltage power 
circuits conditioned on compliance with the following special terms and 
conditions:
    (1) The nominal voltage of the power circuit(s) will not exceed 995 
volts.
    (2) The nominal voltage of the control circuit(s) will not exceed 
120 volts.
    (3) The vacuum contactor will be rated for the maximum voltage of 
the circuit being protected and the continuous full load current of the 
utilization equipment.
    (4) Vacuum contactors will be located in same enclosure as the 
circuit breaker.
    (5) Vacuum contactors with associated protective relays will 
provide undervoltage protection for low- and medium-voltage circuits 
serving three-phase alternating current equipment.
    (6) Each circuit breaker installed in conjunction with a contactor 
will be equipped with devices to provide short-circuit protection for 
each piece of equipment.
    (7) When a contactor trips on a ground fault condition or when a 
ground-check monitor trips it will not automatically reset and must 
require manual reset. Undervoltage circuits will be wired so that 
contactors can be closed remotely only when undervoltage or loss of 
voltage condition no longer exists. All other conditions that cause the 
contactor to open will require manual reset at the contactor.
    (8) The fail-safe ground check circuit will cause the contactor to 
open when either the ground or pilot wire is broken.
    (9) Circuits providing power to portable or mobile equipment will 
not be capable of being remotely started or remotely closed.
    (10) A monthly examination will be conducted on each circuit to 
assure proper operation of the contactor. The monthly examination will 
include activating the undervoltage, grounded-phase, and ground-monitor 
trip devices. The results of the contactor tests will be recorded with 
the required circuit breaker monthly tests.
    (11) Prior to each start-up, an audible alarm at each affected 
vacuum contactor or affected area will be activated for at least 15 
seconds.

[[Page 50167]]

    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-2012-150-C.
    Petitioner: Deane Mining, LLC, 265 Hambley Boulevard, Pikeville, 
Kentucky 41502.
    Mine: Access Energy Mine, MSHA I.D. No. 15-19532, located in 
Letcher County, Kentucky.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard regarding locating oil and gas wells penetrating 
coalbeds or underground areas of a coal mine, and establishing and 
maintaining barriers around the wells, to permit plugging and mining 
through gas wells. The petitioner proposes an alternative method of 
achieving the results of Sec.  75.1700.
    The petitioner proposes to use the following techniques and 
procedures when plugging the wellbore:
    (1) Cleaning out and preparing oil and gas wells prior to plugging.
    (a) The borehole will be cleaned out to a depth that would permit 
the placement of at least 200 feet of expanding cement below the base 
of the lowest mineable coal seam except as provided in paragraph 6.
    (b) Prior to removal of casing or the setting of plugs, the well 
bore will be filled with a gel that inhibits the flow of gas, supports 
the walls of the borehole, and increases the density of the cement and/
or expanding cement plugs. The gel will be pumped through open-ended 
tubing extending to a point approximately 20 feet above the bottom of 
the cleaned out area.
    (c) If all casing cannot be reasonably removed:
    (i) Casing that remains below the base of the lowest mineable coal 
seam will be perforated at intervals of not less than one shot per 10 
feet to permit expanding cement to infiltrate the annulus between the 
casing and the borehole wall for a distance of 200 feet below the base 
of the lowest mineable coal seam or to the bottom of the casing, 
whichever is less; and
    (ii) Casing that remains above the base of the lowest mineable coal 
seam will be perforated with one shot at the elevation of each coal 
seam above the lowest mineable coal seam to permit cement to infiltrate 
the annulus between the casing and the borehole wall.
    (2) A directional survey will be run in the borehole to determine 
the horizontal deviation of the borehole at the base of the lowest 
mineable coal seam and at various intervals above the elevation.
    (3) A 200-foot expanding cement plug will be set below the base of 
the lowest mineable coal seam except as provided in paragraph 6. Prior 
to setting the 200-foot expanding cement plug, if the cleaned out 
borehole produces gas, a mechanical bridge plug will be set. This 
mechanical bridge plug will be set in the borehole in competent stratum 
or cemented casing at least 200 feet below the base of the lowest 
mineable coal seam, but above the top of the uppermost hydrocarbon 
producing stratum, except as provided in paragraph 6.
    (4) The elevations of the top and bottom of the lowest mineable 
coal seam and the uppermost hydrocarbon-producing stratum will be 
determined from driller's logs of the wells, nearby boreholes, mine 
maps, and other reliable sources of information.
    (5) If a substantial portion of the 200-foot expanding cement plug 
will be placed in the open hole, or if a mechanical bridge plug will be 
set in the open hole, a three-arm caliper survey will be run in such 
section of the open hole. This three-arm caliper survey will be used to 
determine a suitable location for the mechanical bridge plug and to 
verify the diameter of the open hole for purposes of calculating the 
volume of expanding cement to be used.
    (6) If the uppermost hydrocarbon-producing stratum is within 200 
feet of the base of the lowest mineable coal seam, an expanding cement 
plug will be set across the hydrocarbon-producing stratum. This cement 
plug will extend from the top of the stratum to either a point 200 feet 
below the top of the stratum or the bottom of the hole, whichever is 
less. A properly placed mechanical bridge plug will then be set in 
competent stratum or casing above the top of the uppermost hydrocarbon-
producing stratum, and an expanding cement plug will be set from the 
top of the mechanical bridge plug to the bottom of the lowest mineable 
coal seam.
    (7) The wellbore will be filled with cement from the top of the 
expanding cement plug at the lowest mineable coal seam to the surface. 
A monument will be erected at the surface consisting of a section of 
4\1/2\ inches or larger casing set in cement in the borehole a minimum 
of 36 inches and extending a minimum of 30 inches above ground level. 
The monument will be filled with cement and will show the American 
Petroleum Institute number of the well, generated by engraving or 
welding.
    The petitioner proposes to use the following procedures for mining 
through a plugged oil and gas well:
    (1) The operator will notify:
    (a) The District Manager five days prior to mining within 300 feet 
of the well.
    (b) The District Manager and the representative of miners of the 
shift on which the mining will be done in close proximity to within 300 
feet, or through a plugged well.
    (c) The District Manager, representative of the miners, and the 
appropriate state agency in sufficient time prior to the mine-through 
operation to provide an opportunity to have representatives present.
    (2) When using continuous or conventional mining methods, drivage 
sights will be installed at the last open crosscut near the place to be 
mined to ensure intersection of the well. The drivage sights will not 
be more than 50 feet from the well.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mining-through will be available when either the conventional or 
continuous mining method is used. The fire hose will be located in the 
last open crosscut of the entry or room. All fire hoses will be ready 
for operation during the mine-through.
    (4) Sufficient supplies of roof support and ventilation materials 
will be available and located on the active section. In addition, an 
emergency plug and/or plugs will be available within the immediate area 
of the mine-through.
    (5) During the mine-through operation, the quantity of air required 
by the ventilation plan, but not less than 9,000 cubic feet per minute 
of air, will reach each working face where coal is being cut, mined, 
drilled for blasting, or loaded.
    (6) Prior to the shift of mining through the well, equipment will 
be checked for permissibility and serviced. The water line will be 
maintained up to the tail piece with a sufficient amount of fire hose 
to reach the farthest point of penetration on the section.
    (7) Prior to the shift of mining through the well, the methane 
monitor on the continuous mining machine will be calibrated.
    (8) When mining is in progress, tests for methane will be made with 
a hand-held methane detector at least every 10 minutes from the time 
that mining with the continuous mining machine is within 30 feet of the 
well until the well is intersected. This test for methane will also be 
made immediately prior to the mine-through. During the actual mine-
through process, no individual will be

[[Page 50168]]

allowed on the return side until the mine-through has been completed 
and the area has been examined and declared safe.
    (9) When using continuous or conventional mining methods to mine 
through the well, the working place will be free from accumulations of 
coal dust and coal spillage, and rock dust will be placed on the roof, 
rib, and floor within 20 feet of the face.
    (10) When the well bore is intersected, all equipment will be 
deenergized and the working place thoroughly examined and determined 
safe before mining is resumed. Any well casing will be removed and no 
open flame will be permitted in the area until adequate ventilation has 
been established around the wellbore.
    (11) After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a sufficient 
distance to permit adequate ventilation around the area of the well 
bore.
    (12) No person will be permitted in the area of the mine-through 
operation except those actually engaged in the operation, company 
personnel, representatives of the miners, MSHA personnel, and State 
personnel.
    (13) The mine-through operation will be under the direct 
supervision of a certified individual. Instructions concerning the 
mine-through operation will only be issued by the certified individual 
in charge.
    The petitioner asserts that, while plugging and mining through gas 
wells, the proposed methods and standards provide reasonable 
alternatives to the current permissible standard and will not result in 
a diminution of safety to the miners.
    Docket Number: M-2012-151-C.
    Petitioner: Chief Mining, Inc., P.O. Box 446, Glen Daniel, West 
Virginia 25844.
    Mine: Joe Branch No. 4 Mine, MSHA I.D. No. 46-08959, 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 for underground coal mines to eliminate the use of 
blow-off dust covers for the spray nozzles of a deluge-type water spray 
system. The petitioner proposes to conduct a weekly inspection and 
functional test of its complete deluge-type spray system. The 
petitioner states that:
    (1) In view of the 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.
    (2) It is burdensome to recap the large number of covers weekly 
after each inspection and functional test. The petitioner proposes to:
    (1) Continue its weekly inspection and functional testing of the 
complete deluge-type water spray system.
    (2) Remove blow-off dust covers from the nozzles.
    (3) In a book maintained on the surface, record the results of the 
examination and functional test and any malfunctions or clogged nozzle 
detected. The record will be retained at the mine for one year.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee the miners no less than the same measure of 
protection as that afforded by the existing standard.
    Docket No: M-2012-152-C.
    Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: MT-34 Underground Mine, MSHA I.D. No. 46-09424, located in 
Mingo County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
or inby the last open crosscut, including, but not limited to, portable 
battery-operated mine transits, total station surveying equipment, 
distance meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by surveying personnel 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in or inby the last open 
crosscut.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn outby the last open crosscut.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment must be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms

[[Page 50169]]

and conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee the miners no less than the same measure of 
protection as that afforded by the existing standard.
    Docket Number: M-2012-153-C.
    Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: MT-34 Underground Mine, MSHA I.D. No. 46-09424, located in 
Mingo County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements). Modification Request: The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance to permit the use of battery-powered 
nonpermissible surveying equipment in return airways, including, but 
not limited to, portable battery-operated mine transits, total station 
surveying equipment, distance meters, and data loggers. The petitioner 
states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by surveying personnel prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations will include the following steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in return airways.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn out of the return airways.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment must be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.
    Docket Number: M-2012-154-C.
    Petitioner: Consol of Kentucky, Inc., Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: MT-34 Underground Mine, MSHA I.D. No. 46-09424, located in 
Mingo 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.

[[Page 50170]]

    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment within 150 feet of pillar 
workings.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn further than 150 feet from pillar workings.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment must be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible surveying equipment in areas where 
methane could be present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.
    Docket No: M-2012-155-C.
    Petitioner: Consolidation Coal Company, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
or inby the last open crosscut, including, but not limited to, portable 
battery-operated mine transits, total station surveying equipment, 
distance meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by surveying personnel 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in or inby the last open 
crosscut.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn outby the last open crosscut.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment must be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.
    Docket Number: M-2012-156-C.
    Petitioner: Consolidation Coal Company, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
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:

[[Page 50171]]

    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by surveying personnel prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations will include the following steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in return airways.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn out of the return airways.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment must be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.
    Docket Number: M-2012-157-C.
    Petitioner: Consolidation Coal Company, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment 
within 150 feet of pillar workings, including, but not limited to, 
portable battery-operated mine transits, total station surveying 
equipment, distance meters, and data loggers. The petitioner states 
that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary. To ensure the safety of the 
miners in active mines and to protect miners in future mines that may 
mine in close proximity to these same active mines, it is necessary to 
determine the exact location and extent of the mine workings.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings will be examined by surveying 
personnel prior to use to ensure the equipment is being maintained in a 
safe operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment within 150 feet of pillar 
workings.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn further than 150 feet from pillar workings.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment must be changed out or 
charged in fresh air more than 150 feet from pillar workings.

[[Page 50172]]

    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible surveying equipment in areas where 
methane could be present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.

    Dated: August 14, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances
[FR Doc. 2012-20305 Filed 8-17-12; 8:45 am]
BILLING CODE 4510-43-P