14430 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 

requirements of this petition prior to 

mining within 150 feet of the next well 

to be mined through. 

(2) The person responsible for well 

intersection emergencies will review the 

well intersection procedures prior to 

any planned intersection. 

(3) Within 30 days after this petition 

becomes final, the petitioner will submit 

proposed revisions for the approved 

mine emergency and firefighting plan. 

These plans will include the hazards 

and evacuation procedures to be used 

for well intersections. Within 30 days of 

submittal of the revised evacuation 

plan, all underground miners will be 

trained on the revised plan. Persons 

may review a compete description of the 

petitioner’s proposed alternative 

method and procedures at the MSHA 

address listed in this petition. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the existing standard. 

Dated: March 5, 2012. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2012–5712 Filed 3–8–12; 8:45 am] 

BILLING CODE 4510–43–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 April 9, 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 

(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 Number: M–2012–001–M. 

Petitioner: Montana Resources, LLP, 

1801 California Street, Suite 4900, 

Denver, Colorado 80202. 

Mine: Continental Mine, MSHA I.D. 

No. 24–00338, 600 Shields Avenue, 

Butte, Montana 59701–2705, located in 

Silver Bow County, Montana. 

Regulation Affected: 30 CFR 56.12028 

(Testing grounding systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of visual 

examinations of its grounding 

conductors in accordance with the 

language of the Program Policy Manual 

(PPM), (Volume IV, Metal and Nonmetal 

Mines, Interpretation, Application, and 

Guidelines on Enforcement of 30 CFR) 

30 CFR 56/57.12028, Testing Grounding 

Systems. 

The petitioner asserts that application 

of the existing standard will result in a 

diminution of safety to the miners and 

that the proposed alternative method 

will at all times guarantee no less than 

the same measure of protection afforded 

the miner by the standard. 

Docket Number: M–2012–008–C. 

Petitioner: Arch Coal, Hazard, 1021 

Tori Drive, Hazard, Kentucky 41701. 

Mines: East Mac & Nellie Mine, 

MSHA I.D. No. 15–18966, Rowdy Gap 

Mine, MSHA I.D. No. 15–18048, and 

Kentucky River Loading, MSHA I.D. No. 

15–13495, located in Perry County, 

Kentucky; Thunder Ridge Mine, MSHA 

I.D. No. 15–17746, located in Leslie 

County, Kentucky; Bearville Mine, 

MSHA I.D. No. 15–19416, located in 

Knott County, Kentucky. 

Regulation Affected: 30 CFR 

77.1607(u) (Loading and hauling 

equipment; operation). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of an 

AmSteel-Blue Rope or Belly Pan Nylon 

Strap in lieu of a tow bar for pulling a 

stuck or disabled truck for short 

distances. The petitioner states that: 

(1) The ropes or strap will have a 

strength rate greater than the weight of 

the truck to be pulled. 

(2) The ropes or straps do not store 

energy and, therefore, do not pose a risk 

of recoil. 

(3) Tow bars pose an unnecessary risk 

to the miner’s safety based on the sheer 

size and weight. 

The petitioner asserts that the 

proposed alternative method will 

provide a level of safety equal to that 

provided by the existing standard. 

Docket Numbers: M–2012–009–C, M– 

2012–012–C, and M–2012–015–C. 

Petitioner: Eastern Associated Coal, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Federal No. 2 Mine, MSHA I.D. 

No. 46–01456, Docket No. M–2012– 

009–C, 1044 Miracle Run Road, 

Fairview, West Virginia 26570, located 

in Monongalia County, West Virginia; 

Wharton No. 1 Mine, MSHA I.D. No. 

46–05071, Docket No. M–2012–012–C 

and Black Oak Mine, MSHA I.D. No. 

46–09152, Docket No. M–2012–015–C, 

54912 Pond Fork Road, Wharton, West 


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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 14431 

Virginia 25208, located in Boone 

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 non-permissible 

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) In order to comply with 

requirements of 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air outby the last 

open crosscut. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards associated with the use of nonpermissible surveying equipment in 

areas where methane could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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 Numbers: M–2012–010–C, M– 

2012–013, and M–2012–016–C. 

Petitioner: Eastern Associated Coal, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Federal No. 2 Mine, MSHA I.D. 

No. 46–01456, Docket No. M–2012– 

010–C, 1044 Miracle Run Road, 

Fairview, West Virginia 26570, located 

in Monongalia County, West Virginia; 

Wharton No. 1 Mine, MSHA I.D. No. 

46–05071, Docket No. M–2012–013–C 

and Black Oak Mine, MSHA I.D. No. 

46–09152, Docket No. M–2012–016–C, 

54912 Pond Fork Road, Wharton, West 

Virginia 25208, located in Boone 

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 non-permissible 

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) In order to comply with 

requirements of 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 return airways. 


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14432 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air out of the 

return. 

(h) Qualified personnel engaged in the 

use of 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 non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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 Numbers: M–2012–011–C, M– 

2012–014–C, and M–2012–017–C. 

Petitioner: Eastern Associated Coal, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Federal No. 2 Mine, MSHA I.D. 

No. 46–01456, Docket No. M–2012– 

011–C, 1044 Miracle Run Road, 

Fairview, West Virginia 26570, located 

in Monongalia County, West Virginia; 

Wharton No. 1 Mine, MSHA I.D. No. 

46–05071, Docket No. M–2012–014–C 

and Black Oak Mine, MSHA I.D. No. 

46–09152, Docket No. M–2012–017–C, 

54912 Pond Fork Road, Wharton, West 

Virginia 25208, located in Boone 

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 non-permissible 

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) In order to comply with 

requirements of 30 CFR 75.372, 

75.1002(a), and 75.1200, use of the most 

practical and accurate surveying 

equipment is necessary. In order to 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines which may mine in close 

proximity to these same active mines it 

is necessary to determine the exact 

location and extents 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used within 

150 feet of pillar workings 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 within 150 feet of 

pillar workings. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air more than 

150 feet from pillar workings. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards and limitations associated with 

the use of non-permissible surveying 

equipment in areas where methane 

could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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 Numbers: M–2012–018–C and 

M–2012–021–C. 

Petitioner: Gateway Eagle Coal 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mines: Gateway Eagle Mine, MSHA 

I.D. No. 46–09152, Docket No. M–2012– 

018–C and Sugar Maple Mine, MSHA 

I.D. No. 46–09073, Docket No. M–2012– 

021–C, 54912 Pond Fork Road, 

Wharton, West Virginia, located in 

Boone County, West Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 


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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 14433 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment in 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) In order to comply with 

requirements of 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air outby the last 

open crosscut. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards associated with the use of nonpermissible surveying equipment in 

areas where methane could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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 Numbers: M–2012–019–C and 

M–2012–022–C. 

Petitioner: Gateway Eagle Coal 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mines: Gateway Eagle Mine, MSHA 

I.D. No. 46–09152, Docket No. M–2012– 

019–C and Sugar Maple Mine, MSHA 

I.D. No. 46–09073, Docket No. M–2012– 

022–C, 54912 Pond Fork Road, 

Wharton, West Virginia, located in 

Boone 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 non-permissible 

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) In order to comply with 

requirements of 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 return airways. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible electronic 


srobinson on DSK4SPTVN1PROD with NOTICES
14434 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 

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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air out of the 

return. 

(h) Qualified personnel engaged in the 

use of 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 non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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 Numbers: M–2012–020–C and 

M–2012–023–C. 

Petitioner: Gateway Eagle Coal 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mines: Gateway Eagle Mine, MSHA 

I.D. No. 46–09152, Docket No. M–2012– 

020–C and Sugar Maple Mine, MSHA 

I.D. No. 46–09073, Docket No. M–2012– 

023–C, 54912 Pond Fork Road, 

Wharton, West Virginia, located in 

Boone 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 non-permissible 

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) In order to comply with 

requirements of 30 CFR 75.372, 

75.1002(a), and 75.1200, use of the most 

practical and accurate surveying 

equipment is necessary. In order to 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines which may mine in close 

proximity to these same active mines it 

is necessary to determine the exact 

location and extents 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used within 

150 feet of pillar workings 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 within 150 feet of 

pillar workings. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air more than 

150 feet from pillar workings. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards and limitations associated with 

the use of non-permissible surveying 

equipment in areas where methane 

could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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–2012–024–C. 

Petitioner: Pine Ridge Coal Company, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Big Mountain No. 16 Mine, 

MSHA I.D. No. 46–07908, 308 School 

House Road, Seth, West Virginia 25181, 

located in Boone 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 non-permissible 

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) In order to comply with 

requirements of 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, size, and 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 14435 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air outby the last 

open crosscut. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards associated with the use of nonpermissible surveying equipment in 

areas where methane could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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–2012–025–C. 

Petitioner: Pine Ridge Coal Company, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Big Mountain No. 16 Mine, 

MSHA I.D. No. 46–07908, 308 School 

House Road, Seth, West Virginia 25181, 

located in Boone 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 non-permissible 

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) In order to comply with 

requirements of 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 return airways. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air out of the 

return. 

(h) Qualified personnel engaged in the 

use of 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 non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) Within 60 days after the Proposed 

Decision and Order becomes final, the 


srobinson on DSK4SPTVN1PROD with NOTICES
14436 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 

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–2012–026–C. 

Petitioner: Pine Ridge Coal Company, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Big Mountain No. 16 Mine, 

MSHA I.D. No. 46–07908, 308 School 

House Road, Seth, West Virginia 25181, 

located in Boone 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 non-permissible 

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) In order to comply with 

requirements of 30 CFR 75.372, 

75.1002(a), and 75.1200, use of the most 

practical and accurate surveying 

equipment is necessary. In order to 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines which may mine in close 

proximity to these same active mines it 

is necessary to determine the exact 

location and extents 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used within 

150 feet of pillar workings 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 

case. 

(ii) Removing the battery and inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 within 150 feet of 

pillar workings. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air more than 

150 feet from pillar workings. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards and limitations associated with 

the use of non-permissible surveying 

equipment in areas where methane 

could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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–2012–027–C. 

Petitioner: Highland Mining 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Highland No. 9 Mine, MSHA 

I.D. No. 15–02709, 530 French Road, 

Waverly, Kentucky 42462, located in 

Union County, Kentucky. 

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 non-permissible 

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) In order to comply with 

requirements of 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, size, and 

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) Non-permissible 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 non-permissible 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 inspect 

for corrosion. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 14437 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air outby the last 

open crosscut. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards associated with the use of nonpermissible surveying equipment in 

areas where methane could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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–2012–028–C. 

Petitioner: Highland Mining 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Highland No. 9 Mine, MSHA 

I.D. No. 15–02709, 530 French Road, 

Waverly, Kentucky 42462, located in 

Union County, Kentucky. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) In order to comply with 

requirements of 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 return airways. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air out of the 

return. 

(h) Qualified personnel engaged in the 

use of 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 non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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–2012–029–C. 

Petitioner: Highland Mining 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Highland No. 9 Mine, MSHA 

I.D. No. 15–02709, 530 French Road, 

Waverly, Kentucky 42462, located in 

Union County, Kentucky. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 


srobinson on DSK4SPTVN1PROD with NOTICES
14438 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) In order to comply with 

requirements of 30 CFR 75.372, 

75.1002(a), and 75.1200, use of the most 

practical and accurate surveying 

equipment is necessary. In order to 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines which may mine in close 

proximity to these same active mines it 

is necessary to determine the exact 

location and extents 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, size, and 

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) Non-permissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such non-permissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All non-permissible electronic 

surveying equipment to be used within 

150 feet of pillar workings 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 inspect 

for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and power 

up and shut 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 upon 

request. 

(d) 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 within 150 feet of 

pillar workings. 

(e) Non-permissible 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 non-permissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the non-permissible 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 defined in 30 

CFR 75.320. 

(g) Batteries contained in the 

surveying equipment must be changed 

out or charged in fresh air more than 

150 feet from pillar workings. 

(h) Qualified personnel engaged in the 

use of surveying equipment will be 

properly trained to recognize the 

hazards and limitations associated with 

the use of non-permissible surveying 

equipment in areas where methane 

could be present. 

(i) The non-permissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(j) 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: March 5, 2012. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2012–5713 Filed 3–8–12; 8:45 am] 

BILLING CODE 4510–43–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 

Title 30 of the Code of Federal 

Regulations (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. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations, and Variances 

on or before April 9, 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 

(Email), or 202–693–9441 (Facsimile). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: 


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