9268 Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices 

III. The Trade and Development Act 

of 2000 (TDA), Public Law 106–200 

(2002), established a new eligibility 

criterion for receipt of trade benefits 

under the Generalized System of 

Preferences (GSP), Caribbean Basin 

Trade and Partnership Act (CBTPA), 

and Africa Growth and Opportunity Act 

(AGOA). The TDA amends the GSP 

reporting requirements of Section 504 of 

the Trade Act of 1974, 19 U.S.C. 2464, 

to require that the President’s annual 

report on the status of internationally 

recognized worker rights include 

‘‘findings by the Secretary of Labor with 

respect to the beneficiary country’s 

implementation of its international 

commitments to eliminate the worst 

forms of child labor.’’ Title II of the TDA 

and the TDA Conference Report, Joint 

Explanatory Statement of the Committee 

of Conference, 106th Cong.2d.Sess. 

(2000), indicate that the same criterion 

applies for the receipt of benefits under 

CBTPA and AGOA, respectively. 

In addition, the Andean Trade 

Preference Act, as amended and 

expanded by the Andean Trade 

Promotion and Drug Eradication Act, 

Public Law 107–210, Title XXXI (2002), 

includes as a criterion for receiving 

benefits ‘‘[w]hether the country has 

implemented its commitments to 

eliminate the worst forms of child labor 

as defined in section 507(6) of the Trade 

Act of 1974.’’ DOL fulfills these 

reporting mandates through annual 

publication of the U.S. Department of 

Labor’s Findings on the Worst Forms of 

Child Labor with respect to countries 

eligible for the aforementioned 

programs. The 2010 report and 

additional background information are 

available on the Internet at http:// 

www.dol.gov/ILAB/programs/ocft/ 

tda.htm. 

Information Requested and Invitation 

To Comment: Interested parties are 

invited to comment and provide 

information regarding DOL’s 2010 TDA 

Report; the 2011 TVPRA list; and the 

current E.O. 13126 List, all of which 

may be found on the Internet at 

http://www.dol.gov/ilab/programs/ocft/ 

research.htm or obtained from OCFT. 

DOL requests comments or information 

to update the findings and suggestions 

for government action for countries 

reviewed in the TDA report, as well as 

to assess each country’s individual 

progress towards eliminating the worst 

forms of child labor during the current 

reporting period compared to previous 

years. In addition, DOL especially 

appreciates information on the nature 

and extent of child labor, forced labor, 

and forced or indentured child labor in 

the production of goods in foreign 

countries as well as information on 

government, industry, or third-party 

actions to address these issues for 

countries reviewed for the E.O. and 

TVPRA lists. Materials submitted 

should be confined to the specific topics 

of these reports. DOL will generally 

consider sources with dates up to five 

years old (i.e., data not older than 

January 1, 2006). DOL appreciates the 

extent to which submissions clearly 

indicate the time period to which they 

apply. In the interest of transparency, 

classified information will not be 

accepted. Where applicable, information 

submitted should indicate its source or 

sources, and copies of the source 

material should be provided. If primary 

sources are utilized, such as research 

studies, interviews, direct observations, 

or other sources of quantitative or 

qualitative data, details on the research 

or data-gathering methodology should 

be provided. Please see the 2010 TDA 

Report, TVPRA List, and E.O. List for a 

complete explanation of relevant terms, 

definitions, and reporting guidelines 

employed by DOL, or refer to ILAB’s 

previous Request for Information 

published in the Federal Register on 

April 25, 2011 (76 FR 22921). 

This notice is a general solicitation of 

comments from the public. 

Signed at Washington, DC, this 9th day of 

February 2012. 

Sandra Polaski, 

Deputy Undersecretary for International 

Labor Affairs. 

[FR Doc. 2012–3592 Filed 2–15–12; 8:45 am] 

BILLING CODE 4510–28–P 

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. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of petitions for modification 

submitted to the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below to modify the application 

of existing mandatory safety standards 

codified in Title 30 of the Code of 

Federal Regulations. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations, and Variances 

on or before March 19, 2012. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: Roslyn B. Fontaine, Acting 

Director, Office of Standards, 

Regulations, and Variances. 

4. Hand-Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209– 

3939. Individuals who submit 

comments by hand-delivery are required 

to check in at the receptionist’s desk on 

the 21st floor. Individuals may inspect 

copies of the petitions and comments 

during normal business hours at the 

address listed above. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations, and Variances at 202–693– 

9447 (Voice), barron.barbara@dol.gov 

(E-mail), or 202–693–9441 (Facsimile). 

[These are not toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary of Labor 

determines that: 

(1) An alternative method of 

achieving the result of such standard 

exists which will at all times guarantee 

no less than the same measure of 

protection afforded the miners of such 

mine by such standard; or 

(2) That the application of such 

standard to such mine will result in a 

diminution of safety to the miners in 

such mine. 

In addition, the regulations at 30 CFR 

44.10 and 44.11 establish the 

requirements and procedures for filing 

petitions for modification. 

II. Petitions for Modification 

Docket Number: M–2011–044–C. 

Petitioner: Bowie Resources, LLC, 

P.O. Box 1488, Paonia, Colorado 81418. 


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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices 9269 

Mine: Bowie No. 2 Mine, MSHA I.D. 

No. 05–04591, P.O. Box 1488, Paonia, 

Colorado 81418, located in Delta 

County, Colorado. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of batter-powered non-permissible 

surveying equipment in or inby the last 

open crosscut, including in the return 

airways. The petitioner states that: 

(1) Equivalent permissible equipment 

does not exist. 

(2) Equivalent non-electronic 

surveying equipment is obsolete 

technology and new replacement 

equipment does not exist; replacement 

parts and reconditioned equipment are 

becoming increasingly unavailable. 

(3) The continued use of obsolete and 

worn or reconditioned equipment that 

may be inaccurate will result in a 

diminution of safety in that surveys will 

become increasingly inaccurate which 

could result in: 

(a) The development of entries that 

are not straight and true. 

(b) Pillar sizes that may become 

compromised. 

(c) The location of mine workings that 

may be inaccurate, creating reduced 

barrier pillar sizes when approaching 

old workings and outcrops. 

(4) In the alternative to compliance 

with the existing standard, the 

petitioner proposes the following: 

(a) Non-permissible surveying 

equipment will be used only when 

equivalent permissible equipment does 

not exist. 

(b) All non-permissible surveying 

equipment will be limited to: 

(i) Topcon Electronic Total Station 

Model GTS–233W 7.2 volts d.c. 

(ii) Topcon Electronic Total Station 

Model GTS–235W 7.2 volts d.c. 

(iii) Topcon Electronic Total Station 

Model GTS–211D 7.2 volts d.c. 

(iv) Nikon Total Station Nivo Series 

Model Nivo 2.C 3.8 volts d.c. 

(v) Nikon DTM–302 Series Model 

DTM–352 7.2 volts d.c. 

(vi) Spectra Precision Nomad Data 

Collector 5.0 volts d.c. 

(vii) Equivalent equipment with equal 

or lower voltages. 

(c) All non-permissible surveying 

equipment used in or inby the last open 

crosscut or in a return airway will be 

examined by a qualified person, as 

defined in 30 CFR 75.153, at least 

weekly to ensure that the equipment is 

being maintained in a safe operating 

condition. The results of the inspection 

will be recorded and the record will be 

retained for one year and made available 

for review by MSHA upon request. 

(d) All non-permissible surveying 

equipment to be used in or inby the last 

open crosscut or in a return airway will 

be examined in fresh air outby the last 

open crosscut prior to being used to 

ensure that the equipment is being 

maintained in a safe operating 

condition. The examination will 

include: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Powering-up and shutting-down 

the instrument to ensure proper 

operation. 

(iii) Checking the battery 

compartment cover to ensure that it is 

securely fastened. 

(e) A qualified person, as defined in 

30 CFR 75.151, will continuously 

monitor for methane immediately before 

and during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in a return airway. 

(f) Non-permissible surveying 

equipment will not be used if methane 

is detected at or above 1.0 percent. 

When 1.0 percent or more methane is 

detected while the non-permissible 

surveying equipment is being used, the 

equipment will be deenergized 

immediately and withdrawn outby the 

last open crosscut or out of a return 

airway. 

(g) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. 

(h) Non-permissible surveying 

equipment will not be used when coal 

production is occurring in the entry 

being surveyed unless it is necessary for 

the surveying. 

(i) Batteries contained in the nonpermissible surveying equipment will 

be changed out or charged in intake air 

outby the last open crosscut. 

(j) Personnel who use the nonpermissible surveying equipment will 

be trained to recognize the hazards and 

limitations associated with its use. 

(k) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all of the terms and 

conditions in this petition. 

(l) Within 60 days after this petition 

becomes final, the petitioner will submit 

proposed revisions for its approved 30 

CFR part 48 training plan to the District 

Manager. The revisions will specify 

initial and refresher training regarding 

the terms and conditions in this 

petition. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection as that afforded 

by the existing standard. 

Docket Number: M–2011–045–C. 

Petitioner: Alpha Engineering 

Services, Inc., 216 Business Street, 

Beckley, West Virginia 25801. 

Mines: Signature Mining, Coalburg 

No. 1 Mine, MSHA I.D. No. 46–09082, 

and Newtown Energy, Coalburg No. 1 

Mine, MSHA I.D. No. 46–08993, and 

Patriot Coal, Harris No. 1 Mine, MSHA 

I.D. No. 46–01271, and Newtown 

Energy, Peerless Rachel Mine, MSHA 

I.D. No. 46–09258, located in Boone 

County, West Virginia; Arch-Wolf Run, 

Sentinel Mine, MSHA I.D. No. 46– 

04168, located in Barbour County, West 

Virginia; Arch-Wolf Run, Imperial Mine, 

MSHA I.D. No. 46–09115, and ArchWolf Run, Sago Mine, MSHA I.D. No. 

46–08791, located in Upshur County, 

West Virginia; Arch-Wolf Run, 

Sycamore 2 Mine, MSHA I.D. No. 46– 

09060, located in Harrison County, West 

Virginia; Arch-Tygart Valley LLC, 

Tygart No. 1 Mine, MSHA I.D. No. 46– 

09192, located in Taylor County, West 

Virginia; Arch-Beckley LLC, Beckley 

Pocahontas Mine, MSHA I.D. No. 46– 

09216, and Performance Coal Co., Upper 

Big Branch Mine, MSHA I.D. No. 46– 

08436, located in Raleigh County, West 

Virginia; Newtown Energy, Eagle Mine, 

MSHA I.D. No. 46–08759, and Newtown 

Energy, Coalburg No. 2 Mine, MSHA 

I.D. No. 46–09231, and Speed Mining 

LLC, American Eagle Mine, MSHA I.D. 

No. 46–05437, located in Kanawha 

County, West Virginia; Prairie State, 

Lively Grove Mine, MSHA I.D. No. 11– 

03193, located in Washington County, 

Illinois; Pinnacle Mining, Pinnacle 

Mine, MSHA I.D. No. 46–01816, located 

in Wyoming County, West Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of batterypowered non-permissible surveying 

equipment in and inby the last open 

cross-cut, including, but not limited to, 

portable battery-operated mine transits, 

total station surveying equipment, 

distance meters, and laptop computers. 

The petitioner proposes to use up-todate, practical, and accurate technology 

in the preparation of mine maps to 

ensure the safety of the miners by 

providing proper and accurate mining 

directional control in the mine. The 

petitioner states that: 

(1) Application of the existing 

standard would result in a diminution 

of safety to the miners. 

(2) Underground mining, by its 

nature, size, complexity, and relative 

closeness to other abandoned mines, 

gas/oil wells, and other features, 


srobinson on DSK4SPTVN1PROD with NOTICES
9270 Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices 

requires that accurate and precise 

measurements be completed in a 

prompt and efficient manner. 

(3) The use of currently available nonelectronic equipment is less accurate 

and less dependable than the available 

electronic equipment and requires more 

exposure of surveyors to hazardous 

mining environments. As an alternative 

to compliance with the existing 

standard, the petitioner proposes the 

following: 

(a) To examine all non-permissible 

electronic surveying equipment prior to 

use in or inby the last open crosscut to 

ensure that the equipment is being 

maintained in a safe operating 

condition, and have a qualified person, 

as defined in 30 CFR 75.153, examine 

the equipment at intervals not to exceed 

7 days. The examination results will be 

recorded in the weekly examination of 

electrical equipment book. The 

examinations will include: 

(i) Checks of the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removal of the battery and an 

inspection for corrosion and damage. 

(iii) Inspection of the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinsertion of the battery and a 

power-up and shut-down of the 

instrument to ensure proper 

connections. 

(v) Checks of the battery compartment 

cover to ensure that it is securely 

fastened. 

(b) A qualified person, as defined in 

30 CFR 75.151, will continuously 

monitor for methane immediately before 

and during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return. 

(c) Non-permissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

1.0 percent. When 1.0 percent or more 

of methane is detected while the nonpermissible surveying equipment is 

being used, the equipment will be 

deenergized immediately and the nonpermissible electronic equipment will 

be withdrawn out of the return. 

(d) Non-permissible surveying 

equipment will not be used in areas 

where float coal dust is in suspension. 

(e) Batteries contained in the 

surveying equipment will be changed 

out or charged in fresh air and not in the 

return. 

(f) Qualified personnel who use the 

surveying equipment will be properly 

trained to recognize the hazards and 

limitations associated with the use of 

non-permissible surveying equipment. 

(g) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with the terms and 

conditions in this petition. 

(h) Within 60 days after the Proposed 

Decision and Order becomes final, the 

petitioner will submit proposed 

revisions for its approved 30 CFR Part 

48 training plan to the District Manager. 

These proposed revisions will specify 

initial and refresher training regarding 

the terms and conditions stated in the 

Proposed Decision and Order. 

The petitioner further states that the 

nature of work at times will require that 

surveying services that would be 

covered by this petition be provided on 

short notice and, therefore, does not 

want the petitions to apply to specific 

companies or mines. The petitioner 

states that the list of companies and 

mines in this petition is not allinclusive. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection afforded by the 

existing standard. 

Docket Number: M–2011–046–C. 

Petitioner: Alpha Engineering 

Services, Inc., 216 Business Street, 

Beckley, West Virginia 25801. 

Mines: Signature Mining, Coalburg 

No. 1 Mine, MSHA I.D. No. 46–09082, 

and Newtown Energy, Coalburg No. 1 

Mine, MSHA I.D. No. 46–08993, and 

Patriot Coal, Harris No. 1 Mine, MSHA 

I.D. No. 46–01271, and Newtown 

Energy, Peerless Rachel Mine, MSHA 

I.D. No. 46–09258, located in Boone 

County, West Virginia; Arch-Wolf Run, 

Sentinel Mine, MSHA I.D. No. 46– 

04168, located in Barbour County, West 

Virginia; Arch-Wolf Run, Imperial Mine, 

MSHA I.D. No. 46–09115, and ArchWolf Run, Sago Mine, MSHA I.D. No. 

46–08791, located in Upshur County, 

West Virginia; Arch-Wolf Run, 

Sycamore 2 Mine, MSHA I.D. No. 46– 

09060, located in Harrison County, West 

Virginia; Arch-Tygart Valley LLC, 

Tygart No. 1 Mine, MSHA I.D. No. 46– 

09192, located in Taylor County, West 

Virginia; Arch-Beckley LLC, Beckley 

Pocahontas Mine, MSHA I.D. No. 46– 

09216, and Performance Coal Co., Upper 

Big Branch Mine, MSHA I.D. No. 46– 

08436, located in Raleigh County, West 

Virginia; Newtown Energy, Eagle Mine, 

MSHA I.D. No. 46–08759, and Newtown 

Energy, Coalburg No. 2 Mine, MSHA 

I.D. No. 46–09231, and Speed Mining 

LLC, American Eagle Mine, MSHA I.D. 

No. 46–05437, located in Kanawha 

County, West Virginia; Prairie State, 

Lively Grove Mine, MSHA I.D. No. 11– 

03193, located in Washington County, 

Illinois; Pinnacle Mining, Pinnacle 

Mine, MSHA I.D. No. 46–01816, located 

in Wyoming County, West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of batterypowered non-permissible surveying 

equipment outby the last open cross-cut 

in return airways, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and laptop 

computers. The petitioner proposes to 

use up-to-date, practical, and accurate 

technology in the preparation of mine 

maps and ensure the safety of the 

miners by providing proper and 

accurate mining directional control in 

the mine. The petitioner states that: 

(1) Application of the existing 

standard would result in a diminution 

of safety to the miners. 

(2) Underground mining, by its 

nature, size, complexity, and relative 

closeness to other abandoned mines, 

gas/oil wells, and other features, 

requires that accurate and precise 

measurements be completed in a 

prompt and efficient manner. 

(3) The use of currently available nonelectronic equipment is less accurate 

and less dependable than the available 

electronic equipment and requires more 

exposure of surveyors to hazardous 

mining environments. As an alternative 

to compliance with the existing 

standard, the petitioner proposes the 

following: 

(a) To examine all non-permissible 

electronic surveying equipment prior to 

use in or inby the last open crosscut to 

ensure that the equipment is being 

maintained in a safe operating 

condition, and have a qualified person, 

as defined in 30 CFR 75.153, examine 

the equipment at intervals not to exceed 

7 days. The examination results will be 

recorded in the weekly examination of 

electrical equipment book. The 

examinations will include: 

(i) Checks of the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removal of the battery and an 

inspection for corrosion and damage. 

(iii) Inspection of the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinsertion of the battery and a 

power-up and shut-down of the 

instrument to ensure proper 

connections. 

(v) Checks of the battery compartment 

cover to ensure that it is securely 

fastened. 


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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices 9271 

(b) A qualified person, as defined in 

30 CFR 75.151, will continuously 

monitor for methane immediately before 

and during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return. 

(c) Non-permissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

1.0 percent. When 1.0 percent or more 

of methane is detected while the nonpermissible surveying equipment is 

being used, the equipment will be 

deenergized immediately and the nonpermissible electronic equipment will 

be withdrawn out of the return. 

(d) Non-permissible surveying 

equipment will not be used in areas 

where float coal dust is in suspension. 

(e) Batteries contained in the 

surveying equipment will be changed 

out or charged in fresh air and not in the 

return. 

(f) Qualified personnel who use the 

surveying equipment will be properly 

trained to recognize the hazards and 

limitations associated with the use of 

non-permissible surveying equipment. 

(g) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with the terms and 

conditions in this petition. 

(h) Within 60 days after the Proposed 

Decision and Order becomes final, the 

petitioner will submit proposed 

revisions for its approved 30 CFR Part 

48 training plan to the District Manager. 

These proposed revisions will specify 

initial and refresher training regarding 

the terms and conditions stated in the 

Proposed Decision and Order. 

The petitioner further states that the 

nature of work at times will require that 

surveying services that would be 

covered by this petition be provided on 

short notice and, therefore, does not 

want the petitions to apply to specific 

companies or mines. The petitioner 

states that the list of companies and 

mines in this petition is not allinclusive. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection afforded by the 

existing standard. 

Docket Number: M–2011–047–C. 

Petitioner: Alpha Engineering 

Services, Inc., 216 Business Street, 

Beckley, West Virginia 25801. 

Mines: Signature Mining, Coalburg 

No. 1 Mine, MSHA I.D. No. 46–09082, 

and Newtown Energy, Coalburg No. 1 

Mine, MSHA I.D. No. 46–08993, and 

Patriot Coal, Harris No. 1 Mine, MSHA 

I.D. No. 46–01271, and Newtown 

Energy, Peerless Rachel Mine, MSHA 

I.D. No. 46–09258, located in Boone 

County, West Virginia; Arch-Wolf Run, 

Sentinel Mine, MSHA I.D. No. 46– 

04168, located in Barbour County, West 

Virginia; Arch-Wolf Run, Imperial Mine, 

MSHA I.D. No. 46–09115, and ArchWolf Run, Sago Mine, MSHA I.D. No. 

46–08791, located in Upshur County, 

West Virginia; Arch-Wolf Run, 

Sycamore 2 Mine, MSHA I.D. No. 46– 

09060, located in Harrison County, West 

Virginia; Arch-Tygart Valley LLC, 

Tygart No. 1 Mine, MSHA I.D. No. 46– 

09192, located in Taylor County, West 

Virginia; Arch-Beckley LLC, Beckley 

Pocahontas Mine, MSHA I.D. No. 46– 

09216, and Performance Coal Co., Upper 

Big Branch Mine, MSHA I.D. No. 46– 

08436, located in Raleigh County, West 

Virginia; Newtown Energy, Eagle Mine, 

MSHA I.D. No. 46–08759, and Newtown 

Energy, Coalburg No. 2 Mine, MSHA 

I.D. No. 46–09231, and Speed Mining 

LLC, American Eagle Mine, MSHA I.D. 

No. 46–05437, located in Kanawha 

County, West Virginia; Prairie State, 

Lively Grove Mine, MSHA I.D. No. 11– 

03193, located in Washington County, 

Illinois; Pinnacle Mining, Pinnacle 

Mine, MSHA I.D. No. 46–01816, located 

in Wyoming County, West Virginia. 

Regulation Affected: 30 CFR 

77.1914(a) (Electrical equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of batterypowered non-permissible surveying 

equipment in shaft and slope 

construction, including, but not limited 

to, portable battery-operated mine 

transits, total station surveying 

equipment, distance meters, and laptop 

computers. The petitioner proposes to 

use up-to-date, practical, and accurate 

technology in the preparation of mine 

maps and ensure the safety of the 

miners by providing proper and 

accurate mining directional control in 

the mine. The petitioner states that: 

(1) Application of the existing 

standard would result in a diminution 

of safety to the miners. 

(2) Underground mining, by its 

nature, size, complexity, and relative 

closeness to other abandoned mines, 

gas/oil wells, and other features, 

requires that accurate and precise 

measurements be completed in a 

prompt and efficient manner. 

(3) The use of currently available nonelectronic equipment is less accurate 

and less dependable than the available 

electronic equipment and requires more 

exposure of surveyors to hazardous 

mining environments. As an alternative 

to compliance with the existing 

standard, the petitioner proposes the 

following: 

(a) To examine all non-permissible 

electronic surveying equipment prior to 

use in or inby the last open crosscut to 

ensure the equipment is being 

maintained in a safe operating 

condition, and have a qualified person, 

as defined in 30 CFR 75.153, examine 

the equipment at intervals not to exceed 

7 days. The examination results will be 

recorded in the weekly examination of 

electrical equipment book. The 

examinations will include: 

(i) Checks of the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removal of the battery and an 

inspection for corrosion and damage. 

(iii) Inspection of the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinsertion of the battery and a 

power-up and shut-down of the 

instrument to ensure proper 

connections. 

(v) Checks of the battery compartment 

cover to ensure that it is securely 

fastened. 

(b) A qualified person, as defined in 

30 CFR 75.151, will continuously 

monitor for methane immediately before 

and during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return. 

(c) Non-permissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

1.0 percent. When 1.0 percent or more 

of methane is detected while the nonpermissible surveying equipment is 

being used, the equipment will be 

deenergized immediately and the nonpermissible electronic equipment will 

be withdrawn out of the return. 

(d) Non-permissible surveying 

equipment will not be used in areas 

where float coal dust is in suspension. 

(e) Batteries contained in the 

surveying equipment will be changed 

out or charged in fresh air and not in the 

return. 

(f) Qualified personnel who use the 

surveying equipment will be properly 

trained to recognize the hazards and 

limitations associated with the use of 

non-permissible surveying equipment. 

(g) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with the terms and 

conditions in this petition. 

(h) Within 60 days after the Proposed 

Decision and Order becomes final, the 

petitioner will submit proposed 

revisions for its approved 30 CFR Part 

48 training plan to the District Manager. 

These proposed revisions will specify 

initial and refresher training regarding 


srobinson on DSK4SPTVN1PROD with NOTICES
9272 Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices 

the terms and conditions stated in the 

Proposed Decision and Order. 

The petitioner further states that the 

nature of work at times will require that 

surveying services that would be 

covered by this petition be provided on 

short notice and, therefore, does not 

want the petitions to apply to specific 

companies or mines. The petitioner 

states that the list of companies and 

mines in this petition is not allinclusive. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection afforded by the 

existing standard. 

Docket Number: M–2011–014–M. 

Petitioner: St. Marys Cement, Inc. 

(U.S.), 16000 Bells Ray Road, P.O. Box 

367, Charlevoix, Michigan 49720. 

Mine: St. Marys Cement, Charlevoix 

Plant, MSHA I.D. No. 20–00038, 16000 

Bells Ray Road, P.O. Box 367, 

Charlevoix, Michigan 49720. 

Regulation Affected: 30 CFR 

56.14101(a)(2) and (3) (Brakes). 

Modification Request: The petitioner 

requests a modification of the existing 

standard for self-propelled mobile 

equipment for its 1997 Tennant 

Sweeper, Model #830. The petitioner 

states that: 

(1) The Tennant Sweeper is operated 

only on paved flat roads within the 

surface mine property. 

(2) The sweeper primarily operates 

with use of a hydraulic system. When 

the foot is taken off the accelerator the 

sweeper stops. 

(3) The back brakes are currently 

inoperable and the unit is so old that the 

parts are hard to obtain to fix the 

system. 

(4) The sweeper has a functional front 

braking system capable of stopping and 

holding the vehicle with a full load on 

the steepest incline it travels. 

(5) The sweeper is operated only on 

day shift, only travels on dry roads and 

dusty days when the roads are not wet 

or slippery, and is put up for the winter. 

(6) The sweeper is not capable of 

traveling over 5 miles per hour. It is 

generally run between 3 and 5 miles per 

hour within the plant. The standard on 

brakes requires at least 10 miles per 

hour to test the brakes, and the sweeper 

cannot go that fast. 

(7) The sweeper has a fully functional 

parking brake system capable of holding 

the machine with a full load on the 

steepest incline it travels. 

(8) The unit is not being supported by 

Tennant, the manufacturer. 

(9) Any spare parts that can be 

obtained will no longer be produced 

once they are used up. 

(10) What is available to fix the unit 

has been ordered, and the unit is needed 

to comply with environmental 

regulations. 

As an alternative, the petitioner 

proposes to rely on the hydraulic 

system, the front brake system, and the 

parking brake to stop and hold the 

equipment with its typical load on the 

maximum grade it travels. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee the miners no less than 

the same measure of protection as 

provided by the existing standard. 

Dated: February 10, 2012. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2012–3614 Filed 2–15–12; 8:45 am] 

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