66758 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 

Departmental Information Compliance 

Management Program, Room N1301, 

200 Constitution Avenue, NW, 

Washington, DC 20210; or by email: 

DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129, TTY 202–693–8064, (these are not 

toll-free numbers) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: This ICR 

seeks approval under the PRA for the 

Industry-Recognized Apprenticeship 

Programs Accrediting Entity 

Information information collection. This 

ICR will enable ETA to collect essential 

data under Training and Employment 

Notice (TEN) No. 3–18 titled, ‘‘Creating 

Industry-Recognized Apprenticeship 

Programs to Expand Opportunity in 

America,’’ established under the 

statutory authority of the National 

Apprenticeship Act (29 U.S.C. 50), 

concerning the operational 

characteristics of certain industryrecognized apprenticeship programs. 

According to the TEN, these new 

industry-recognized apprenticeship 

programs will be reviewed and 

recognized by qualified accrediting 

entities; the accrediting entities, in turn, 

may request a determination from the 

Department concerning their 

qualifications. The TEN, pending a 

rulemaking to amend 29 CFR part 29, 

provides interim information and 

guidance to accreditors on the process 

for obtaining a determination from the 

Department on whether that entity’s 

standards meet the criteria outlined in 

TEN No. 3–18. To obtain a favorable 

determination from the Department, the 

accrediting entity should, among other 

things, demonstrate that it has received 

broad sector-wide input and consensus 

in the setting of industry-wide quality 

standards. The accrediting entity should 

also demonstrate that their program 

accreditation process ensures that the 

industry programs will operate in a 

manner consistent with DOL-identified 

hallmarks of high-quality 

apprenticeship programs. To collect the 

information necessary for the 

Department to determine whether the 

entity accrediting these industryrecognized apprenticeship programs has 

satisfied the foregoing criteria, the 

Department proposes the development 

of a form titled, ‘‘Industry-Recognized 

Apprenticeship Programs Accrediting 

Entity Information’’ intended for 

completion by the accrediting entity, 

that will enable the Department to 

determine whether that entity’s 

standards meet the criteria outlined in 

the TEN. The National Apprenticeship 

Act of 1937 authorizes this information 

collection. See 29 U.S.C. 50. 

This proposed information collection 

is subject to the PRA. A Federal agency 

generally cannot conduct or sponsor a 

collection of information, and the public 

is generally not required to respond to 

an information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information if the 

collection of information does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register* on 

September 20, 2018 (83 FR 47643). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within thirty (30) days of 

publication of this notice in the Federal 

Register. In order to help ensure 

appropriate consideration, comments 

should mention OMB Control Number 

201812–1205–001. The OMB is 

particularly interested in comments 

that: 

• Evaluate whether the proposed 

collection of information is necessary for the 

proper performance of the functions of the 

agency, including whether the information 

will have practical utility; 

• Evaluate the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and assumptions 

used; 

• Enhance the quality, utility, and clarity 

of the information to be collected; and 

• Minimize the burden of the collection of 

information on those who are to respond, 

including through the use of appropriate 

automated, electronic, mechanical, or other 

technological collection techniques or other 

forms of information technology, e.g., 

permitting electronic submission of 

responses. 

Agency: DOL–ETA. 

Title of Collection: IndustryRecognized Apprenticeship Programs 

Accrediting Entity Information. 

OMB ICR Reference Number: 201812– 

1205–001. 

Affected Public: Private Sector— 

businesses or other for-profits and notfor-profit institutions. 

Total Estimated Number of 

Respondents: 300. 

Total Estimated Number of 

Responses: 308. 

Total Estimated Annual Time Burden: 

10,030 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

Dated: December 20, 2018. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2018–28044 Filed 12–26–18; 8:45 am] 

BILLING CODE 4510–FR–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standard 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

petitions for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 28, 2019. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Email: zzMSHA-comments@

dol.gov. 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, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452, Attention: Sheila 

McConnell, Director, Office of 

Standards, Regulations, and Variances. 

Persons delivering documents are 

required to check in at the receptionist’s 

desk in Suite 4E401. Individuals may 

inspect a copy 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), barron.barbara@dol.gov 

(email), or 202–693–9441 (fax). [These 

are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and Title 30 of the 

Code of Federal Regulations Part 44 

govern the application, processing, and 

disposition of petitions for modification. 


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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 

(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–2018–020–C. 

Petitioner: Signal Peak Energy, LLC, 

Three Gateway Center, Suite 1500, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Bull Mountains Mine No. 1, 

MSHA I.D. No. 24–01950, located in 

Musselshell County, Montana. 

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 

nonpermissible electronic surveying 

equipment in or inby the last open 

crosscut. 

The petitioner states that: 

(1) The use of nonpermissible 

electronic surveying equipment, 

includes, but is not limited to, portable, 

low voltage battery-operated mine 

transits and total station surveying 

equipment. 

(2) In the alternative to compliance 

with 30 CFR 75.500(d), the petitioner 

proposes the following: 

—The operator will use the following 

nonpermissible electronic surveying 

equipment and similar 

nonpermissible electronic surveying 

equipment if it has an ingress 

protection (IP) rating of 66 or greater, 

in or inby the last open crosscut 

subject to the conditions of the 

Proposed Decision and Order (PDO): 

(a) Sokkia CX–101 

(b) Sokkia Im-101 

(c) Topcon ES–101 

(d) Topcon GM–101 

(e) Leica FlexLine TS03 Manual Total 

Station 

(f) Leica FlexLine TS07 Manual Total 

Station 

(g) Leica FlexLine TS10 Manual Total 

Station 

—The operator will maintain a logbook 

for nonpermissible electronic 

surveying equipment with the 

equipment, in the location where 

mine record books are kept, or in the 

location where the surveying record 

books are kept. The logbook will 

contain the date of manufacture and/ 

or purchase of each piece of 

nonpermissible electronic surveying 

equipment. The logbook will be made 

available to MSHA on request. 

—All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by the person operating the 

equipment prior to taking the 

equipment underground to ensure it 

is maintained in safe operating 

condition. These examinations will 

include: 

(a) Checking the instrument for any 

physical damage and the integrity of the 

case; 

(b) Removing the battery and 

inspecting for corrosion; 

(c) Inspecting the contact points to 

ensure a secure connection to the 

battery; 

(d) Reinserting the battery and 

powering-up and shutting-down to 

ensure proper connections; and 

(e) Checking the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

—The equipment will be examined at 

least weekly by a qualified person, as 

defined in 30 CFR 75.153. The 

examination results will be recorded 

weekly in the equipment logbook. 

Examination entries in the logbook 

will be maintained for 1 year from the 

date of entry. 

—The operator will ensure that all 

nonpermissible electronic surveying 

equipment is serviced according to 

the manufacturer’s recommendations. 

Dates of service will be recorded in 

the equipment’s logbook and will 

include a description of the work 

performed. 

—The nonpermissible electronic 

surveying equipment used in or inby 

the last open crosscut will not be put 

into service until MSHA has 

inspected the equipment and 

determined that it is in compliance 

with all the terms and condition of 

the PDO. 

—Nonpermissible electronic surveying 

equipment will not be used if 

methane is detected in concentrations 

at or above 1.0 percent. When 1.0 

percent or more methane is detected 

while such equipment is being used, 

the equipment will be de-energized 

immediately and withdrawn outby 

the last open crosscut. All 

requirements of 30 CFR 75.323 will be 

complied with prior to entering in or 

inby the last open crosscut. 

—Prior to setting up and energizing 

nonpermissible electronic surveying 

equipment in or inby the last open 

crosscut, the surveyor(s) will conduct 

a visual examination of the immediate 

area for evidence that the area appears 

to be sufficiently rock-dusted and for 

the presence of accumulated float coal 

dust. If the rock-dusting appears 

insufficient or the presence of 

accumulated float coal dust is 

observed, the equipment will not be 

energized until sufficient rock-dust 

has been applied and/or the 

accumulations of float coal dust have 

been cleaned up. If nonpermissible 

electronic surveying equipment is to 

be used in an area not rock-dusted 

within 40 feet of a working face where 

a continuous mining machine is used, 

the area will be rocked-dusted prior to 

energizing the nonpermissible 

electronic surveying equipment. 

—All hand-held methane detectors will 

be MSHA-approved and maintained 

in permissible and proper operating 

condition, as defined in 30 CFR 

75.320. All methane detectors will 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

—Prior to energizing nonpermissible 

electronic surveying equipment in or 

inby the last open crosscut, methane 

tests will be made in accordance with 

30 CFR 75.323. Nonpermissible 

electronic surveying equipment will 

not be used in or inby the last open 

crosscut when production is 

occurring. 

—Prior to surveying, the area will be 

examined, according to 30 CFR 

75.360. If the area has not been 

examined, a supplemental 

examination according to 30 CFR 

75.361 will be performed before any 

non-certified person enters the area. 

—A qualified person, as defined in 30 

CFR 75.151, will continuously 

monitor for methane immediately 

before and during the use of 

nonpermissible electronic surveying 

equipment in or inby the last open 

crosscut. If there are two people in the 

surveying crew, both persons will 

continuously monitor for methane. 

The other person will either be a 

qualified person, as defined in 30 CFR 

75.151, or be in the process of being 

trained to be a qualified person but 

has yet to make such tests for a period 

of 6 months, as required in 30 CFR 

75.150. Upon completion of the 6- 


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month training period, the second 

person on the surveying crew must 

become qualified, as defined in 30 

CFR 75.151, in order to continue on 

the surveying crew. If the surveying 

crew consists of one person, that 

person will monitor for methane with 

two separate devices. 

—Batteries contained in the 

nonpermissible electronic surveying 

equipment will be changed out or 

charged in intake air outby the last 

open crosscut. Replacement batteries 

will be carried only in the 

compartment provided for a spare 

battery in the nonpermissible 

electronic surveying equipment 

carrying case. Before each shift of 

surveying, all batteries for the 

nonpermissible electronic surveying 

equipment will be charged 

sufficiently so that they are not 

expected to be replaced on that shift. 

—When using nonpermissible 

electronic surveying equipment in or 

inby the last open crosscut, the 

surveyor will confirm by 

measurement or by inquiry of the 

person in charge of the section, that 

the air quantity on the section, on that 

shift, in the last open crosscut is at 

least the minimum quantity that is 

required by the mine’s ventilation 

plan. 

—Personnel engaged in the use of 

nonpermissible electronic surveying 

equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of such 

equipment in areas where methane 

could be present. 

—All members of the surveying crew 

will receive specific training before 

using nonpermissible electronic 

surveying equipment in or inby the 

last open crosscut. A record of the 

training will be kept with the other 

training records. 

—Within 60 days after the proposed 

decision and order (PDO) becomes 

final, the operator will submit 

proposed revisions for its approved 30 

CFR part 48 training plans to the 

District Manager. These revisions will 

specify initial and refresher training 

regarding the terms and conditions of 

the PDO. When training is conducted 

on the terms and conditions in the 

PDO, an MSHA Certificate of Training 

(Form 5000–23) will be completed 

and will indicate that it was surveyor 

training. 

—The operator will replace or retire 

from service any electronic surveying 

instrument that was acquired prior to 

December 31, 2004 within 1 year of 

the PDO becoming final. Within 3 

years of the date that the PDO 

becomes final, the operator will 

replace or retire from service any 

theodolite that was acquired more 

than 5 years prior to the date that the 

PDO became final or any total station 

or other electronic surveying 

equipment identified in the PDO 

acquired more than 10 years prior to 

the date that the PDO became final. 

After 5 years, the operator will 

maintain a cycle of purchasing new 

electronic surveying equipment 

whereby theodolites will be no older 

than 5 years from date of manufacture 

and total stations and other electronic 

surveying equipment will be no older 

than 10 years from date of 

manufacture. 

—The operator will ensure that all 

surveying contractors hired by the 

operator are using nonpermissible 

electronic surveying equipment in 

accordance with the requirements in 

the PDO. 

—The petitioner states that it may use 

nonpermissible electronic surveying 

equipment when production is 

occurring, subject to the following 

conditions: 

(a) On a mechanized mining unit 

(MMU) where production is occurring, 

nonpermissible electronic surveying 

equipment will not be used downwind 

of the discharge point of any face 

ventilation controls, such as tubing 

(including controls such as ‘‘baloney 

skins’’) or curtains. 

(b) Production may continue while 

nonpermissible electronic surveying 

equipment is used, if the surveying 

equipment is used in a separate split of 

air from where production is occurring. 

(c) Nonpermissible electronic 

surveying equipment will not be used in 

a split of air ventilating an MMU if any 

ventilation controls will be disrupted 

during such surveying. Disruption of 

ventilation controls means any change 

to the mine’s ventilation system that 

causes the ventilation system not to 

function in accordance with the mine’s 

approved ventilation plan. 

(d) If, while surveying, a surveyor 

must disrupt ventilation, the surveyor 

will cease surveying and communicate 

to the section foreman that ventilation 

must be disrupted. Production will stop 

while ventilation is disrupted. 

Ventilation controls will be 

reestablished immediately after the 

disruption is no longer necessary. 

Production can only resume after all 

ventilation controls are reestablished 

and are in compliance with approved 

ventilation or other plans, and other 

applicable laws, standards, or 

regulations. 

(e) Any disruption in ventilation will 

be recorded in the logbook required by 

the PDO. The logbook will include a 

description of the nature of the 

disruption, the location of the 

disruption, the date and time of the 

disruption and the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(f) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations will 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO within 60 days of the date the PDO 

becomes final. The training will be 

completed before any nonpermissible 

electronic surveying equipment can be 

used while production is occurring. The 

operator will keep a record of the 

training and provide the record to 

MSHA on request. 

(g) The operator will provide annual 

retraining to all personnel who will be 

involved with or affected by surveying 

operations in accordance with 30 CFR 

48.8. The operator will train new miners 

on the requirements of the PDO in 

accordance with 30 CFR 48.5, and will 

train experienced miners, as defined in 

30 CFR 48.6, on the requirements of the 

PDO in accordance with 30 CFR 48.6. 

The operator will keep a record of the 

training and provide the record to 

MSHA upon request. 

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–2018–021–C. 

Petitioner: Signal Peak Energy, LLC, 

Three Gateway Center, Suite 1500, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Bull Mountains Mine No. 1, 

MSHA I.D. No. 24–01950, located in 

Musselshell County, Montana. 

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 

nonpermissible electronic surveying 

equipment in return airways. 

The petitioner states that: 

(1) The use of nonpermissible 

electronic surveying equipment, 

includes, but is not limited to, portable, 

low voltage battery-operated mine 

transits and total station surveying 

equipment. 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 66761 

(2) In the alternative to compliance 

with 30 CFR 75.507–1(a), the petitioner 

proposes the following: 

—The operator may use the following 

nonpermissible electronic surveying 

equipment and similar 

nonpermissible electronic surveying 

equipment if it has an ingress 

protection (IP) rating of 66 or greater 

in return airways subject to the 

conditions of the Proposed Decision 

and Order (PDO): 

(a) Sokkia CX–101 

(b) Sokkia Im–101 

(c) Topcon ES–101 

(d) Topcon GM–101 

(e) Leica FlexLine TS03 Manual Total 

Station 

(f) Leica FlexLine TS07 Manual Total 

Station 

(g) Leica FlexLine TS10 Manual Total 

Station 

—The operator will maintain a logbook 

for nonpermissible electronic 

surveying equipment with the 

equipment, in the location where 

mine record books are kept, or in the 

location where the surveying record 

books are kept. The logbook will 

contain the date of manufacture and/ 

or purchase of each piece of 

nonpermissible electronic surveying 

equipment. The logbook will be made 

available to MSHA on request. 

—All nonpermissible electronic 

surveying equipment used in return 

airways will be examined by the 

person operating the equipment prior 

to taking the equipment underground 

to ensure it is maintained in safe 

operating condition. These 

examinations will include: 

(a) Checking the instrument for any 

physical damage and the integrity of the 

case; 

(b) Removing the battery and 

inspecting for corrosion; 

(c) Inspecting the contact points to 

ensure a secure connection to the 

battery; 

(d) Reinserting the battery and 

powering-up and shutting-down to 

ensure proper connections; and 

(e) Checking the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

—The equipment will be examined at 

least weekly by a qualified person, as 

defined in 30 CFR 75.153. The 

examination results will be recorded 

weekly in the equipment logbook. 

Examination entries in the logbook 

will be maintained for 1 year from the 

date of entry. 

—The operator will ensure that all 

nonpermissible electronic surveying 

equipment is serviced according to 

the manufacturer’s recommendations. 

Dates of service will be recorded in 

the equipment’s logbook and will 

include a description of the work 

performed. 

—The nonpermissible electronic 

surveying equipment used in return 

airways will not be put into service 

until MSHA has inspected the 

equipment and determined that it is 

in compliance with all the terms and 

condition of the PDO. 

—Nonpermissible electronic surveying 

equipment will not be used if 

methane is detected in concentrations 

at or above 1.0 percent. When 1.0 

percent or more methane is detected 

while such equipment is being used, 

the equipment will be de-energized 

immediately and withdrawn out of 

the return airways. All requirements 

of 30 CFR 75.323 will be complied 

with prior to entering in the return 

airways. 

—Prior to setting up and energizing 

nonpermissible electronic surveying 

equipment in return airways, the 

surveyor(s) will conduct a visual 

examination of the immediate area for 

evidence that the area appears to be 

sufficiently rock-dusted and for the 

presence of accumulated float coal 

dust. If the rock-dusting appears 

insufficient or the presence of 

accumulated float coal dust is 

observed, the equipment will not be 

energized until sufficient rock-dust 

has been applied and/or the 

accumulations of float coal dust have 

been cleaned up. If nonpermissible 

electronic surveying equipment is to 

be used in an area within 40 feet of 

a working face where a continuous 

mining machine is used and the area 

has not been rock-dusted, the area 

will be rocked-dusted prior to 

energizing the nonpermissible 

electronic surveying equipment. 

—All hand-held methane detectors will 

be MSHA-approved and maintained 

in permissible and proper operating 

condition, as defined in 30 CFR 

75.320. All methane detectors will 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

—Prior to energizing nonpermissible 

electronic surveying equipment in 

return airways, methane tests will be 

made in accordance with 30 CFR 

75.323. 

—Prior to surveying, the area will be 

examined, according to 30 CFR 

75.360. If the area has not been 

examined, a supplemental 

examination according to 30 CFR 

75.361 will be performed before any 

non-certified person enters the area. 

—A qualified person, as defined in 30 

CFR 75.151, will continuously 

monitor for methane immediately 

before and during the use of 

nonpermissible electronic surveying 

equipment in return airways. If there 

are two people in the surveying crew, 

both persons will continuously 

monitor for methane. The other 

person will either be a qualified 

person, as defined in 30 CFR 75.151, 

or be in the process of being trained 

to be a qualified person but has yet to 

make such tests for a period of 6 

months, as required in 30 CFR 75.150. 

Upon completion of the 6-month 

training period, the second person on 

the surveying crew must become 

qualified, as defined in 30 CFR 

75.151, in order to continue on the 

surveying crew. If the surveying crew 

consists of one person, that person 

will monitor for methane with two 

separate devices. 

—Batteries contained in the 

nonpermissible electronic surveying 

equipment will be changed out or 

charged in fresh air out of the return 

airways. Replacement batteries will be 

carried only in the compartment 

provided for a spare battery in the 

nonpermissible electronic surveying 

equipment carrying case. Before each 

shift of surveying, all batteries for the 

nonpermissible electronic surveying 

equipment will be charged 

sufficiently so that they are not 

expected to be replaced on that shift. 

—When using nonpermissible 

electronic surveying equipment in 

return airways, the surveyor will 

confirm by measurement or by 

inquiry of the person in charge of the 

section, that the air quantity on the 

section, on that shift, in the last open 

crosscut is at least the minimum 

quantity that is required by the mine’s 

ventilation plan. 

—Personnel engaged in the use of 

nonpermissible electronic surveying 

equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of such 

equipment in areas where methane 

could be present. 

—All members of the surveying crew 

will receive specific training before 

using nonpermissible electronic 

surveying equipment in return 

airways. A record of the training will 

be kept with the other training 

records. 

—Within 60 days after the proposed 

decision and order (PDO) becomes 

final, the operator will submit 

proposed revisions for its approved 30 

CFR part 48 training plans to the 

District Manager. These revisions will 

specify initial and refresher training 

regarding the terms and conditions of 

the PDO. When training is conducted 


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on the terms and conditions in the 

PDO, an MSHA Certificate of Training 

(Form 5000–23) will be completed 

and will indicate that it was surveyor 

training. 

—The operator will replace or retire 

from service any electronic surveying 

instrument that was acquired prior to 

December 31, 2004 within 1 year of 

the PDO becoming final. Within 3 

years of the date that the PDO 

becomes final, the operator will 

replace or retire from service any 

theodolite that was acquired more 

than 5 years prior to the date that the 

PDO became final or any total station 

or other electronic surveying 

equipment identified in the PDO 

acquired more than 10 years prior to 

the date that the PDO became final. 

After 5 years, the operator will 

maintain a cycle of purchasing new 

electronic surveying equipment 

whereby theodolites will be no older 

than 5 years from date of manufacture 

and total stations and other electronic 

surveying equipment will be no older 

than 10 years from date of 

manufacture. 

—The operator will ensure that all 

surveying contractors hired by the 

operator are using nonpermissible 

electronic surveying equipment in 

accordance with the requirements in 

the PDO. 

—The petitioner states that it may use 

nonpermissible surveying equipment 

when production is occurring, subject 

the following conditions: 

(a) On a mechanized mining unit 

(MMU) where production is occurring, 

nonpermissible electronic surveying 

equipment will not be used downwind 

of the discharge point of any face 

ventilation controls, such as tubing 

(including controls such as ‘‘baloney 

skins’’) or curtains. 

(b) Production may continue while 

nonpermissible electronic surveying 

equipment is used, if the surveying 

equipment is used in a separate split of 

air from where production is occurring. 

(c) Nonpermissible electronic 

surveying equipment will not be used in 

a split of air ventilating an MMU if any 

ventilation controls will be disrupted 

during such surveying. Disruption of 

ventilation controls means any change 

to the mine’s ventilation system that 

causes the ventilation system not to 

function in accordance with the mine’s 

approved ventilation plan. 

(d) If, while surveying, a surveyor 

must disrupt ventilation, the surveyor 

will cease surveying and communicate 

to the section foreman that ventilation 

must be disrupted. Production will stop 

while ventilation is disrupted. 

Ventilation controls will be 

reestablished immediately after the 

disruption is no longer necessary. 

Production can only resume after all 

ventilation controls are reestablished 

and are in compliance with approved 

ventilation or other plans, and other 

applicable laws, standards, or 

regulations. 

(e) Any disruption in ventilation will 

be recorded in the logbook required by 

the PDO. The logbook will include a 

description of the nature of the 

disruption, the location of the 

disruption, the date and time of the 

disruption and the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(f) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations will 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO within 60 days of the date the PDO 

becomes final. The training will be 

completed before any nonpermissible 

electronic surveying equipment can be 

used while production is occurring. The 

operator will keep a record of the 

training and provide the record to 

MSHA on request. 

(g) The operator will provide annual 

retraining to all personnel who will be 

involved with or affected by surveying 

operations in accordance with 30 CFR 

48.8. The operator will train new miners 

on the requirements of the PDO in 

accordance with 30 CFR 48.5, and will 

train experienced miners, as defined in 

30 CFR 48.6, on the requirements of the 

PDO in accordance with 30 CFR 48.6. 

The operator will keep a record of the 

training and provide the record to 

MSHA on request. 

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–2018–022–C. 

Petitioner: Signal Peak Energy, LLC, 

Three Gateway Center, Suite 1500, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Bull Mountains Mine No. 1, 

MSHA I.D. No. 24–01950, located in 

Musselshell County, Montana. 

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 the use of 

nonpermissible electronic surveying 

equipment within 150 feet of pillar 

workings or longwall faces. 

The petitioner states that: 

(1) The use of nonpermissible 

electronic surveying equipment, 

includes, but is not limited to, portable, 

low voltage battery-operated mine 

transits and total station surveying 

equipment. 

(2) In the alternative to compliance 

with 30 CFR 75.500(d), the petitioner 

proposes the following: 

—The operator will use the following 

nonpermissible electronic surveying 

equipment and similar 

nonpermissible electronic surveying 

equipment if it has an Ingress 

Protection (IP) rating of 66 or greater, 

within 150 feet of pillar workings or 

longwall faces subject the conditions 

of the Proposed Decision and Order 

(PDO): 

(a) Sokkia CX–101 

(b) Sokkia Im–101 

(c) Topcon ES–101 

(d) Topcon GM–101 

(e) Leica FlexLine TS03 Manual Total 

Station 

(f) Leica FlexLine TS07 Manual Total 

Station 

(g) Leica FlexLine TS10 Manual Total 

Station 

—The operator will maintain a logbook 

for nonpermissible electronic 

surveying equipment with the 

equipment, in the location where 

mine record books are kept, or in the 

location where the surveying record 

books are kept. The logbook will 

contain the date of manufacture and/ 

or purchase of each piece of 

nonpermissible electronic surveying 

equipment. The logbook will be made 

available to MSHA on request. 

—All nonpermissible electronic 

surveying equipment to be used 

within 150 feet of pillar workings or 

longwall faces will be examined by 

the person operating the equipment 

prior to taking the equipment 

underground to ensure it is 

maintained in safe operating 

condition. These examinations will 

include: 

(a) Checking the instrument for any 

physical damage and the integrity of the 

case; 

(b) Removing the battery and 

inspecting for corrosion; 

(c) Inspecting the contact points to 

ensure a secure connection to the 

battery; 

(d) Reinserting the battery and 

powering-up and shutting-down to 

ensure proper connections; and 

(e) Checking the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 66763 

—The equipment will be examined at 

least weekly by a qualified person, as 

defined in 30 CFR 75.153. The 

examination results will be recorded 

weekly in the equipment logbook. 

Examination entries in the logbook 

will be maintained for 1 year from the 

date of entry. 

—The operator will ensure that all 

nonpermissible electronic surveying 

equipment is serviced according to 

the manufacturer’s recommendations. 

Dates of service will be recorded in 

the equipment’s logbook and will 

include a description of the work 

performed. 

—The nonpermissible electronic 

surveying equipment used within 150 

feet of pillar workings or longwall 

faces 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 

condition of the PDO. 

—Nonpermissible electronic surveying 

equipment will not be used if 

methane is detected in concentrations 

at or above 1.0 percent. When 1.0 

percent or more methane is detected 

while the nonpermissible electronic 

surveying equipment is being used, 

the equipment will be de-energized 

immediately and withdrawn further 

than 150 feet from pillar workings and 

longwall faces. All requirements of 30 

CFR 75.323 will be complied with 

prior to entering within 150 feet of 

pillar workings or longwall faces. 

—Prior to setting up and energizing 

nonpermissible electronic surveying 

equipment within 150 feet of pillar 

workings or longwall faces, the 

surveyor(s) will conduct a visual 

examination of the immediate area for 

evidence that the area appears to be 

sufficiently rock-dusted and for the 

presence of accumulated float coal 

dust. If the rock-dusting appears 

insufficient or the presence of 

accumulated float coal dust is 

observed, the equipment will not be 

energized until sufficient rock-dust 

has been applied and/or the 

accumulations of float coal dust have 

been cleaned up. If nonpermissible 

electronic surveying equipment is to 

be used in an area not rock-dusted 

within 40 feet of a working face where 

a continuous mining machine is used, 

the area will be rocked-dusted prior to 

energizing the nonpermissible 

electronic surveying equipment. 

—All hand-held methane detectors will 

be MSHA-approved and maintained 

in permissible and proper operating 

condition, as defined in 30 CFR 

75.320. All methane detectors will 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

—Prior to energizing nonpermissible 

electronic surveying equipment 

within 150 feet of pillar workings or 

longwall faces, methane tests will be 

made in accordance with 30 CFR 

75.323. Nonpermissible electronic 

surveying equipment will not be used 

within 150 feet of pillar workings or 

the longwall faces when production is 

occurring. 

—Prior to surveying, the area will be 

examined, according to 30 CFR 

75.360. If the area has not been 

examined, a supplemental 

examination according to 30 CFR 

75.361 will be performed before any 

non-certified person enters the area. 

—A qualified person, as defined in 30 

CFR 75.151, will continuously 

monitor for methane immediately 

before and during the use of 

nonpermissible electronic surveying 

equipment within 150 feet of pillar 

workings or longwall faces. If there 

are two people in the surveying crew, 

both persons will continuously 

monitor for methane. The other 

person will either be a qualified 

person, as defined in 30 CFR 75.151, 

or be in the process of being trained 

to be a qualified person but has yet to 

make such tests for period of 6 

months as required in 30 CFR 75.150. 

Upon completion of the 6-month 

training period, the second person on 

the surveying crew must become 

qualified, as defined in 30 CFR 

75.151, in order to continue on the 

surveying crew. If the surveying crew 

consists of one person, that person 

will monitor for methane with two 

separate devices. 

—Batteries contained in the 

nonpermissible electronic surveying 

equipment will be changed out or 

charged in fresh air more than 150 

feet from pillar workings or longwall 

faces. Replacement batteries will be 

carried only in the compartment 

provided for a spare battery in the 

nonpermissible electronic survey 

equipment carrying case. Before each 

shift of surveying, all batteries for the 

electronic surveying equipment will 

be charged sufficiently so that they 

are not expected to be replaced on 

that shift. 

—When using nonpermissible 

electronic surveying equipment 

within 150 feet of pillar workings or 

longwall faces, the surveyor will 

confirm by measurement or by 

inquiry of the person in charge of the 

section, that the air quantity on the 

section, on that shift, within 150 feet 

of pillar workings or longwall faces is 

at least the minimum quantity that is 

required by the mine’s ventilation 

plan. 

—Personnel engaged in the use of 

nonpermissible electronic surveying 

equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of such 

equipment in areas where methane 

could be present. 

—All members of the surveying crew 

will receive specific training before 

using nonpermissible electronic 

surveying equipment within 150 feet 

of pillar workings or longwall faces. A 

record of the training will be kept 

with the other training records. 

—Within 60 days after the proposed 

decision and order (PDO) becomes 

final, the operator will submit 

proposed revisions for its approved 30 

CFR part 48 training plans to the 

District Manager. These revisions will 

specify initial and refresher training 

regarding the terms and conditions of 

the PDO. When training is conducted 

on the terms and conditions in the 

PDO, an MSHA Certificate of Training 

(Form 5000–23) will be completed 

and will indicate that it was surveyor 

training. 

—The operator will replace or retire 

from service any electronic surveying 

instrument that was acquired prior to 

December 31, 2004 within 1 year of 

the PDO becoming final. Within 3 

years of the date that the PDO 

becomes final, the operator will 

replace or retire from service any 

theodolite that was acquired more 

than 5 years prior to the date that the 

PDO became final or any total station 

or other electronic surveying 

equipment identified in the PDO 

acquired more than 10 years prior to 

the date that the PDO became final. 

After 5 years, the operator will 

maintain a cycle of purchasing new 

electronic surveying equipment 

whereby theodolites will be no older 

than 5 years from date of manufacture 

and total stations and other electronic 

surveying equipment will be no older 

than 10 years from date of 

manufacture. 

—The operator will ensure that all 

surveying contractors hired by the 

operator are using nonpermissible 

electronic surveying equipment in 

accordance with the requirements in 

the PDO. 

—The petitioner states that it may use 

nonpermissible surveying equipment 

when production is occurring, subject 

to the following conditions: 

(a) On a mechanized mining unit 

(MMU) where production is occurring, 

nonpermissible electronic surveying 

equipment will not be used downwind 


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66764 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 

of the discharge point of any face 

ventilation controls, such as tubing 

(including controls such as ‘‘baloney 

skins’’) or curtains. 

(b) Production may continue while 

nonpermissible electronic surveying 

equipment is used, if the surveying 

equipment is used in a separate split of 

air from where production is occurring. 

(c) Nonpermissible electronic 

surveying equipment will not be used in 

a split of air ventilating an MMU if any 

ventilation controls will be disrupted 

during such surveying. Disruption of 

ventilation controls means any change 

to the mine’s ventilation system that 

causes the ventilation system not to 

function in accordance with the mine’s 

approved ventilation plan. 

(d) If, while surveying, a surveyor 

must disrupt ventilation, the surveyor 

will cease surveying and communicate 

to the section foreman that ventilation 

must be disrupted. Production will stop 

while ventilation is disrupted. 

Ventilation controls will be 

reestablished immediately after the 

disruption is no longer necessary. 

Production can only resume after all 

ventilation controls are reestablished 

and are in compliance with approved 

ventilation or other plans, and other 

applicable laws, standards, or 

regulations. 

(e) Any disruption in ventilation will 

be recorded in the logbook required by 

the PDO. The logbook will include a 

description of the nature of the 

disruption, the location of the 

disruption, the date and time of the 

disruption and the date and time the 

surveyor communicated the disruption 

to the section foreman, the date and 

time production ceased, the date and 

time ventilation was reestablished, and 

the date and time production resumed. 

(f) All surveyors, section foremen, 

section crew members, and other 

personnel who will be involved with or 

affected by surveying operations will 

receive training in accordance with 30 

CFR 48.7 on the requirements of the 

PDO within 60 days of the date the PDO 

becomes final. The training will be 

completed before any nonpermissible 

electronic surveying equipment can be 

used while production is occurring. The 

operator will keep a record of the 

training and provide the record to 

MSHA on request. 

(g) The operator will provide annual 

retraining to all personnel who will be 

involved with or affected by surveying 

operations in accordance with 30 CFR 

48.8. The operator will train new miners 

on the requirements of the PDO in 

accordance with 30 CFR 48.5, and will 

train experienced miners, as defined in 

30 CFR 48.6, on the requirements of the 

PDO in accordance with 30 CFR 48.6. 

The operator will keep a record of the 

training and provide the record to 

MSHA on request. 

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. 

Roslyn B. Fontaine, 

Deputy Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 2018–28047 Filed 12–26–18; 8:45 am] 

BILLING CODE 4520–43–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Discount Rates for Cost-Effectiveness 

Analysis of Federal Programs 

AGENCY: Office of Management and 

Budget. 

ACTION: Revisions to Appendix C of 

OMB Circular A–94. 

SUMMARY: The Office of Management 

and Budget revised Circular A–94 in 

1992. The revised Circular specified 

certain discount rates to be updated 

annually when the interest rate and 

inflation assumptions used to prepare 

the Budget of the United States 

Government were changed. These 

discount rates are found in Appendix C 

of the revised Circular. The updated 

discount rates are shown below. The 

discount rates in Appendix C are to be 

used for cost-effectiveness analysis, 

including lease-purchase analysis, as 

specified in the revised Circular. They 

do not apply to regulatory analysis. The 

revised Circular can be accessed at 

https://www.whitehouse.gov/wpcontent/uploads/2018/12/AppendixC.pdf. 

DATES: The revised discount rates will 

be in effect through December 2019. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Herna ́ndez, Office of Economic 

Policy, Office of Management and 

Budget, (202) 395–3585. 

Jeffrey Schlagenhauf, 

Associate Director for Economic Policy, Office 

of Management and Budget. 

[FR Doc. 2018–27962 Filed 12–26–18; 8:45 am] 

BILLING CODE 3110–01–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Information Security Oversight Office 

[NARA–2019–009] 

State, Local, Tribal, and Private Sector 

Policy Advisory Committee (SLTPS– 

PAC) 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of Advisory Committee 

Meeting. 

SUMMARY: We are announcing a Federal 

advisory committee meeting of the 

State, Local, Tribal, and Private Sector 

Policy Advisory Committee. 

DATES: The meeting will be on January 

30, 2019, from 10:00 a.m. to 12:00 p.m. 

ADDRESSES: National Archives and 

Records Administration; 700 

Pennsylvania Avenue NW; Jefferson 

Room; Washington, DC 20408. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Skwirot, Senior Program 

Analyst, by mail at Information Security 

Oversight Office (ISOO); National 

Archives Building; 700 Pennsylvania 

Avenue NW, Washington, DC 20408, by 

telephone at 202.357.5398, or by email 

at robert.skwirot@nara.gov. Contact 

ISOO at ISOO@nara.gov. 

SUPPLEMENTARY INFORMATION: We 

announce advisory committee meetings 

in accordance with the Federal 

Advisory Committee Act (5 U.S.C. app 

2) and its implementing regulation (41 

CFR 101–6). 

The purpose of this meeting is to 

discuss matters relating to the Classified 

National Security Information Program 

for State, Local, Tribal, and Private 

Sector Entities. 

The meeting is open to the public. 

However, due to space limitations and 

access procedures, you must submit the 

name and telephone number of 

individuals planning to attend to the 

Information Security Oversight Office 

(ISOO) no later than Wednesday, 

January 23, 2019. ISOO will provide 

additional instructions for accessing the 

meeting’s location. 

Miranda Andreacchio, 

Committee Management Officer. 

[FR Doc. 2018–27964 Filed 12–26–18; 8:45 am] 

BILLING CODE 7515–01–P 


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