19722 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

the Office of Trade Adjustment 

Assistance toll-free at 888–365–6822. 

Dated: March 22, 2012. 

Michael W. Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2012–7797 Filed 3–30–12; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Investigations Regarding Certifications 

of Eligibility To Apply for Worker 

Adjustment Assistance 

Petitions have been filed with the 

Secretary of Labor under Section 221(a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 

instituted investigations pursuant to 

Section 221(a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved. 

The petitioners or any other persons 

showing a substantial interest in the 

subject matter of the investigations may 

request a public hearing, provided such 

request is filed in writing with the 

Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 12, 2012. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 12, 2012. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Office of Trade Adjustment 

Assistance, Employment and Training 

Administration, U.S. Department of 

Labor, Room N–5428, 200 Constitution 

Avenue NW., Washington, DC, 20210. 

Signed at Washington, DC, this 23rd day of 

March 2012. 

Michael Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

APPENDIX

[19 TAA petitions instituted between 3/12/12 and 3/16/12] 

TA–W Subject firm 

(petitioners) Location Date of institution 

Date of 

petition 

81407 ................ GC Services (Workers) ........................................................ El Paso, TX ........................... 03/12/12 03/09/12 

81408 ................ Syngenta Crop Protection LLC (Workers) ........................... Grensboro, NC ...................... 03/12/12 03/12/12 

81409 ................ OnBoard Research Corporation (Company) ........................ Carrollton, TX ........................ 03/12/12 03/09/12 

81410 ................ Auto Valve (State/One-Stop) ................................................ El Paso, TX ........................... 03/12/12 03/09/12 

81411 ................ Franklin Building Material (State/One-Stop) ......................... El Paso, TX ........................... 03/13/12 03/08/12 

81412 ................ Kraft Foods Global, Inc. (State/One-Stop) ........................... Coshocton, OH ..................... 03/13/12 03/12/12 

81413 ................ Merck Pharmaceuticals (State/One-Stop) ............................ Kenilworth, NJ ....................... 03/13/12 03/12/12 

81414 ................ TE Connectivity (Workers) ................................................... Jonestown, PA ...................... 03/14/12 03/06/12 

81415 ................ Covidien (Workers) ............................................................... Mansfield, MA ....................... 03/14/12 03/13/12 

81416 ................ Tango Transport/GMGO (Company) .................................... Shreveport, LA ...................... 03/14/12 03/13/12 

81417 ................ Nilfisk-Advance Incorporated (State/One-Stop) ................... Plymouth, MN ....................... 03/14/12 03/07/12 

81418 ................ Fortis Plastics LLC (Company) ............................................ Wilmington, OH ..................... 03/14/12 03/14/12 

81419 ................ Panduit Corp. (Company) ..................................................... New Lenox, IL ....................... 03/14/12 02/21/12 

81420 ................ PepsiCo (Workers) ............................................................... Plano, TX .............................. 03/15/12 03/14/12 

81421 ................ Avaya, Inc. (Union) ............................................................... Westminster, CO ................... 03/15/12 03/14/12 

81422 ................ Thermo Fisher Scientific Milwaukee LLC (Company) .......... Milwaukee, WI ....................... 03/16/12 03/14/12 

81423 ................ Sony Electronics, Inc. (Company) ........................................ San Diego, CA ...................... 03/16/12 03/15/12 

81424 ................ VF Americas Sourcing (Company) ....................................... Plantation, FL ........................ 03/16/12 03/14/12 

81425 ................ Becromal of America, Inc. (Company) ................................. Clinton, TN ............................ 03/16/12 03/15/12 

[FR Doc. 2012–7796 Filed 3–30–12; 8:45 am] 

BILLING CODE 4510–FN–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 May 2, 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: George F. Triebsch, 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 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19723 

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 Numbers: M–2012–030–C. 

Petitioner: Rhino Eastern, LLC, P.O. 

Box 260, Bolt, West Virginia 25817. 

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

No. 46–09201; 600 Glen Rogers 

Ravencliff Road, Glen Rogers, West 

Virginia 25817, located in Wyoming 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to eliminate the use of blowoff dust covers for the spray nozzles of 

a deluge-type water spray system. The 

petitioner states that: 

(1) Inspection and functional testing 

of the complete deluge-type water spray 

system are conducted weekly. 

(2) Currently, each spray nozzle is 

provided with blow-off dust covers. 

(3) In view of frequent inspections 

and functional testing of the system, the 

dust covers are not necessary because 

the nozzles can be maintained in an 

unclogged condition through weekly 

use. The proposed modification will 

eliminate the potential hazard of 

reaching across or removing guarding to 

replace the caps. 

(4) It is burdensome to remove blowoff dust covers from the nozzles and 

recap the large number of covers on a 

weekly basis after each inspection and 

functional test. The petitioner proposes 

to remove the covers and conduct 

weekly inspection and functional 

testing of the complete deluge-type 

water spray system. 

The petitioner asserts that the 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded the miners by the 

existing standard. 

Docket Numbers: M–2012–031–C. 

Petitioner: White Oak Resources, LLC, 

121 S. Jackson Street, P.O. Box 339, 

McLeansboro, Illinois 62859. 

Mines: White Oak Mine No. 1, MSHA 

I.D. No. 11–03203, 121 S. Jackson Street, 

P.O. Box 339, McLeansboro, Illinois 

62859, located in Hamilton County, 

Illinois. 

Regulation Affected: 30 CFR 

75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and 

performance requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of a motor 

grader equipped with an OEM braking 

system with design features and 

operating procedures that will provide 

the same measure of protection as the 

existing standard for the Getman 

Roadbuilder (motor grader), Model 

RDG–1540C, Serial Number 460–004. 

The petitioner states that: 

(1) The use of motor graders has 

contributed to the maintenance of safe 

travelways, including escapeways, and 

has been a contributing factor to the safe 

operation of underground mines. 

(2) Enforcement of this regulation, on 

this particular machine, prohibits its use 

and will adversely affect the ability to 

maintain underground roadways in a 

safe condition. 

(3) As designed and built, this 

machine has four drive wheels (rear) 

and two front (steering) wheels. There 

are dual brake systems on the four rear 

wheels and no braking system on the 

front wheels. Approximately 74 percent 

of the total machine weight is over the 

four rear wheels. 

(4) The weight distribution assures 

that the brakes on the rear wheels of the 

motor grader are sufficient to safely stop 

the machine. 

(5) The proposed alternative method 

may even provide a greater degree of 

safety in certain in-mine conditions. 

Various roadway maintenance products 

are frequently needed to provide a 

roadway free of wet, muddy conditions 

that affect safe steering and braking 

functions. Rock and gravel are 

frequently used in these conditions. The 

application of a front braking system 

may cause the motor grader to skid on 

the previously applied gravel, especially 

on grades, and compromise steering. 

(6) The rear wheels will travel over a 

more uniform floor as they are 

positioned behind the lowered 

moldboard and braking would occur on 

a superior floor condition. 

(7) The front axle is subject to 

numerous directional forces from the 

axle oscillation, wheel steering that can 

range up to 50 degrees both left and 

right as well as the wheels leaning up 

to 18 degrees making the application of 

brakes on these wheels impracticable 

and potentially counterproductive. The 

petitioner proposes the following 

alternative method: 

(a) The maximum speeds of the grader 

will be less than 10 miles per hour 

(mph) both forward and reverse by 

permanently blocking out any gear or 

gear ratio that provides higher speeds or 

by using transmission(s) and 

differential(s) geared in accordance with 

the manufacturer that limits the 

maximum speed to 10 mph. 

(b) The motor grader/road builder will 

comply with all other design and safety 

performance requirements contained in 

30 CFR 75.1909 and 75.1910. 

(c) Grader operators will be trained to 

lower the moldboard, the component 

that performs the grading function, to 

provide additional stopping capability 

in emergency situations. This training 

will be documented on MSHA Form 

5000–23. 

(d) Items (a) and (c) of the alternative 

method above will be included in the 

initial and refresher training required in 

30 CFR Part 48. 

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 Numbers: M–2012–032–C, M– 

2012–033–C, and M–2012–034–C. 

Petitioner: Midland Trail Energy, LLC, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Blue Creek No. 1 Mine, MSHA 

I.D. No. 46–09297, Docket No. M–2012– 

032–C; Blue Creek No. 2 Mine, MSHA 

I.D. No. 46–09296, Docket No. M–2012– 

033–C; and Campbells Creek No. 7 

Mine, MSHA I.D. No. 46–09107, Docket 

No. M–2012–034–C; 3301 Point Lick 

Road, Charleston, West Virginia 25306, 

located in Kanawha County, West 

Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

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19724 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–035–C, M– 

2012–036–C, and M–2012–037–C. 

Petitioner: Midland Trail Energy, LLC, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Blue Creek No. 1 Mine, MSHA 

I.D. No. 46–09297, Docket No. M–2012– 

035–C; Blue Creek No. 2 Mine, MSHA 

I.D. No. 46–09296, Docket No. M–2012– 

036–C; and Campbells Creek No. 7 

Mine, MSHA I.D. No. 46–09107, Docket 

No. M–2012–037–C; 3301 Point Lick 

Road, Charleston, West Virginia 25306, 

located in Kanawha County, West 

Virginia. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation and mine maps in 30 

CFR 75.372 and 75.1200, use of the most 

practical and accurate surveying 

equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19725 

(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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–038–C, M– 

2012–039–C, and M–2012–040–C. 

Petitioner: Midland Trail Energy, LLC, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Blue Creek No. 1 Mine, MSHA 

I.D. No. 46–09297, Docket No. M–2012– 

038–C; Blue Creek No. 2 Mine, MSHA 

I.D. No. 46–09296, Docket No. M–2012– 

039–C; and Campbells Creek No. 7 

Mine, MSHA I.D. No. 46–09107, Docket 

No. M–2012–040–C, 3301 Point Lick 

Road, Charleston, West Virginia 25306, 

located in Kanawha County, West 

Virginia. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. To 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines that may mine in close proximity 

to these same active mines it is 

necessary to determine the exact 

location and extent of the mine 

workings. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–041–C and 

M–2012–042–C. 

Petitioner: Speed Mining, LLC, Three 

Gateway Center, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222–1000. 

Mines: Coon Hollow Tunnel Mine, 

MSHA I.D. No. 46–09099, Docket No. 

M–2012–041–C; and American Eagle 

Mine, MSHA I.D. No. 46–05437, Docket 

No. M–2012–042–C; 200 Remington 

Coal Lane, Coal Fork Hollow, Cabin 

Creek, West Virginia 25035, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

((Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

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19726 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–043–C and 

M–2012–044–C. 

Petitioner: Speed Mining, LLC, Three 

Gateway Center, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222–1000. 

Mines: Coon Hollow Tunnel Mine, 

MSHA I.D. No. 46–09099, Docket No. 

M–2012–043–C; and American Eagle 

Mine, MSHA I.D. No. 46–05437, Docket 

No. M–2012–044–C; 200 Remington 

Coal Lane, Coal Fork Hollow, Cabin 

Creek, West Virginia 25035, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: (a) Nonpermissible 

electronic surveying equipment will be 

used when equivalent permissible 

electronic surveying equipment is not 

available. Such nonpermissible 

surveying equipment includes portable 

battery-operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19727 

nonpermissible surveying equipment in 

areas where methane could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–045–C and 

M–2012–046–C. 

Petitioner: Speed Mining, LLC, Three 

Gateway Center, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222–1000. 

Mines: Coon Hollow Tunnel Mine, 

MSHA I.D. No. 46–09099, Docket No. 

M–2012–045–C; and American Eagle 

Mine, MSHA I.D. No. 46–05437, Docket 

No. M–2012–046–C; 200 Remington 

Coal Lane, Coal Fork Hollow, Cabin 

Creek, West Virginia 25035, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372, and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. To 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines that may mine in close proximity 

to these same active mines it is 

necessary to determine the exact 

location and 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 and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: (a) Nonpermissible 

electronic surveying equipment will be 

used when equivalent permissible 

electronic surveying equipment is not 

available. Such nonpermissible 

surveying equipment includes portable 

battery-operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–047–C. 

Petitioner: Dodge Hill Mining 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Dodge Hill No. 1 Mine, MSHA 

I.D. No. 15–18335, 435 Davis Mine 

Road, Sturgis, Kentucky 42459, 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) In order to comply with 

requirements for mine ventilation maps 

and mine maps in 30 CFR 75.372 and 

75.1200, use of the most practical and 

accurate surveying equipment is 

necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

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19728 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–048–C. 

Petitioner: Dodge Hill Mining 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Dodge Hill No. 1 Mine, MSHA 

I.D. No. 15–18335, 435 Davis Mine 

Road, Sturgis, Kentucky 42459, 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 nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: (a) Nonpermissible 

electronic surveying equipment will be 

used when equivalent permissible 

electronic surveying equipment is not 

available. Such nonpermissible 

surveying equipment includes portable 

battery-operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–049–C. 

Petitioner: Dodge Hill Mining 

Company, LLC, Three Gateway Center, 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19729 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Dodge Hill No. 1 Mine, MSHA 

I.D. No. 15–18335, 435 Davis Mine 

Road, Sturgis, Kentucky 42459, located 

in Union County, Kentucky. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372, and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. To 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines that may mine in close proximity 

to these same active mines it is 

necessary to determine the exact 

location and 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 and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–050–C. 

Petitioner: Ohio County Coal 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Freedom Mine, MSHA I.D. No. 

15–17587, 19050 Hwy 1078 South, 

Henderson, Kentucky 42420, located in 

Henderson 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA upon 

request. 

(d) A qualified person as defined in 

30 CFR 75.151 will continuously 

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19730 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

monitor for methane immediately before 

and during the use of nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–051–C. 

Petitioner: Ohio County Coal 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Freedom Mine, MSHA I.D. No. 

15–17587, 19050 Hwy 1078 South, 

Henderson, Kentucky 42420, located in 

Henderson 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 nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–052–C. 

Petitioner: Ohio County Coal 

Company, LLC, Three Gateway Center, 

Suite 1340, 401 Liberty Avenue, 

Pittsburgh, Pennsylvania 15222–1000. 

Mine: Freedom Mine, MSHA I.D. No. 

15–17587, 19050 Hwy 1078 South, 

Henderson, Kentucky 42420, located in 

Henderson County, Kentucky. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372, and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. To 

ensure the safety of the miners in active 

mines and to protect miners in future 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19731 

mines that 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 and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–053–C. 

Petitioner: Remington, LLC, Three 

Gateway Center, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222–1000. 

Mine: Winchester Mine, MSHA I.D. 

No. 46–09230, 800 Toms Fork, Eskdale, 

West Virginia 25075, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

((Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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. 

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19732 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–054–C. 

Petitioner: Remington, LLC, Three 

Gateway Center, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222–1000. 

Mine: Winchester Mine, MSHA I.D. 

No. 46–09230, 800 Toms Fork, Eskdale, 

West Virginia 25075, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–055–C. 

Petitioner: Remington, LLC, Three 

Gateway Center, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222–1000. 

Mine: Winchester Mine, MSHA I.D. 

No. 46–09230, 800 Toms Fork, Eskdale, 

West Virginia 25075, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372, and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. To 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines that may mine in close proximity 

to these same active mines it is 

necessary to determine the exact 

location and 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 and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19733 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–056–C. 

Petitioner: Sage Creek Coal Company, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Peabody Sage Creek Mine, 

MSHA I.D. No. 05–04952, 29615 PCR 

33, Oak Creek, Colorado 80467, located 

in Routt 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 battery-powered nonpermissible 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable battery 

operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–057–C. 

Petitioner: Sage Creek Coal Company, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Peabody Sage Creek Mine, 

MSHA I.D. No. 05–04952, 29615 PCR 

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19734 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

33, Oak Creek, Colorado 80467, located 

in Routt County, Colorado. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–058–C. 

Petitioner: Sage Creek Coal Company, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Peabody Sage Creek Mine, 

MSHA I.D. No. 05–04952, 29615 PCR 

33, Oak Creek, Colorado 80467, located 

in Routt County, Colorado. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372, and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. To 

ensure the safety of the miners in active 

mines and to protect miners in future 

mines that may mine in close proximity 

to these same active mines it is 

necessary to determine the exact 

location and 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 and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: (a) Nonpermissible 

electronic surveying equipment will be 

used when equivalent permissible 

electronic surveying equipment is not 

available. Such nonpermissible 

surveying equipment includes portable 

battery-operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19735 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–059–C. 

Petitioner: Eastern Associated Coal, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Matewan Tunnel Mine, MSHA 

I.D. No. 46–08610, HRC 78 Box 113, 

Wharton, West 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: (a) Nonpermissible 

electronic surveying equipment will be 

used when equivalent permissible 

electronic surveying equipment is not 

available. Such nonpermissible 

surveying equipment includes portable 

battery-operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in or inby the last 

open crosscut. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–060–C. 

Petitioner: Eastern Associated Coal, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Matewan Tunnel Mine, MSHA 

I.D. No. 46–08610, HRC 78 Box 113, 

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 nonpermissible 

surveying equipment in return airways, 

including, but not limited to, portable 

battery-operated mine transits, total 

station surveying equipment, distance 

meters, and data loggers. The petitioner 

states that: 

(1) To comply with requirements for 

mine ventilation maps and mine maps 

in 30 CFR 75.372 and 75.1200, use of 

the most practical and accurate 

surveying equipment is necessary. 

(2) Application of the existing 

standard would result in a diminution 

of safety to the miners. Underground 

mining by its nature and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

mstockstill on DSK4VPTVN1PROD with NOTICES

19736 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: (a) Nonpermissible 

electronic surveying equipment will be 

used when equivalent permissible 

electronic surveying equipment is not 

available. Such nonpermissible 

surveying equipment includes portable 

battery-operated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used in or 

inby the last open crosscut will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment in return airways. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn out of the return 

airways. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions in this petition. 

(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–2012–061–C. 

Petitioner: Eastern Associated Coal, 

LLC, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Matewan Tunnel Mine, MSHA 

I.D. No. 46–08610, HRC 78 Box 113, 

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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings, including, but not 

limited to, portable battery-operated 

mine transits, total station surveying 

equipment, distance meters, and data 

loggers. The petitioner states that: 

(1) 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 and size, and the 

complexity of mine plans requires that 

accurate and precise measurements be 

completed in a prompt and efficient 

manner. The petitioner proposes the 

following as an alternative to the 

existing standard: 

(a) Nonpermissible electronic 

surveying equipment will be used when 

equivalent permissible electronic 

surveying equipment is not available. 

Such nonpermissible surveying 

equipment includes portable batteryoperated total station surveying 

equipment, mine transits, distance 

meters, and data loggers. 

(b) All nonpermissible electronic 

surveying equipment to be used within 

150 feet of pillar workings will be 

examined by surveying personnel prior 

to use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations will 

include the following steps: 

(i) Checking the instrument for any 

physical damage and the integrity of the 

case. 

(ii) Removing the battery and 

inspecting for corrosion. 

(iii) Inspecting the contact points to 

ensure a secure connection to the 

battery. 

(iv) Reinserting the battery and 

powering up and shutting down to 

ensure proper connections. 

(v) Checking the battery compartment 

cover to ensure that it is securely 

fastened. 

(c) The results of such examinations 

will be recorded and retained for one 

year and made available to MSHA 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 nonpermissible 

surveying equipment within 150 feet of 

pillar workings. 

(e) Nonpermissible surveying 

equipment will not be used if methane 

is detected in concentrations at or above 

one percent for the area being surveyed. 

When methane is detected at such levels 

while the nonpermissible surveying 

equipment is being used, the equipment 

will be deenergized immediately and 

the nonpermissible electronic 

equipment withdrawn further than 150 

feet from pillar workings. 

(f) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as 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 nonpermissible surveying 

equipment in areas where methane 

could be present. 

(i) The nonpermissible surveying 

equipment will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19737 

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 28, 2012. 

George F. Triebsch, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. 2012–7789 Filed 3–30–12; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2012–0009] 

The Asbestos in Shipyards Standard; 

Extension of the Office of Management 

and Budget’s Approval of Information 

Collection (Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Asbestos in Shipyards 

Standard (29 CFR 1915.1001). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

June 1, 2012. 

ADDRESSES: 

Electronically: You may submit 

comments and attachments 

electronically at http://www.regulations.

gov, which is the Federal e-Rulemaking 

Portal. Follow the instructions online 

for submitting comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit a 

copy of your comments and attachments 

to the OSHA Docket Office, Docket No. 

OSHA–2012–0009, U.S. Department of 

Labor, Occupational Safety and Health 

Administration, Room N–2625, 200 

Constitution Avenue NW., Washington, 

DC 20210. Deliveries (hand, express 

mail, messenger, and courier service) 

are accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number (OSHA–2012–0009) for 

the Information Collection Request 

(ICR). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

For further information on submitting 

comments see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http://www.

regulations.gov index; however, some 

information (e.g., copyrighted material) 

is not publicly available to read or 

download from the Web site. All 

submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Theda Kenney at 

the address below to obtain a copy of 

the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accord with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). 

This program ensures that 

information is in the desired format, 

reporting burden (time and costs) is 

minimal, collection instruments are 

clearly understood, and OSHA’s 

estimate of the information collection 

burden is accurate. The Occupational 

Safety and Health Act of 1970 (the OSH 

Act) (29 U.S.C. 651 et seq.) authorizes 

information collection by employers as 

necessary or appropriate for 

enforcement of the OSH Act or for 

developing information regarding the 

causes and prevention of occupational 

injuries, illnesses, and accidents (29 

U.S.C. 657). The OSH Act also requires 

that OSHA obtain such information 

with minimum burden upon employers, 

especially those operating small 

businesses, and to reduce to the 

maximum extent feasible unnecessary 

duplication of efforts in obtaining 

information (29 U.S.C. 657). 

The information collection 

requirements specified in the Asbestos 

in Shipyards Standard protect workers 

from the adverse health effects that may 

result from occupational exposure to 

asbestos. The major information 

collection requirements in the Standard 

include: Implementing an exposure 

monitoring program that informs 

workers of their exposure-monitoring 

results; at multi-employer worksites, 

when establishing regulated areas for 

the type of work performed with 

asbestos-containing materials (ACMs) 

and/or presumed asbestos-containing 

materials (PACMs), employers notifying 

other on-site employers of the 

requirements that pertain to regulated 

areas, and the measures the employers 

can use to protect their workers from 

asbestos overexposure; developing 

specific information and training 

programs for workers; providing 

medical surveillance for workers 

potentially exposed to ACMs and/or 

PACMs, including administering a 

worker medical questionnaire, 

providing information to the examining 

physician, and providing the 

physician’s written opinion to the 

worker; and maintaining records of 

objective data used for exposure 

determinations, worker exposure 

monitoring and medical surveillance 

records, training records, the record 

(i.e., information, data, and analyses) 

used to demonstrate that PACMs do not 

contain asbestos, and notifications made 

and received by building/facility owners 

regarding the content of ACMs and 

PACMs. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

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