17502 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 

for the webinar. They will participate in 

the webinar from their respective home 

jurisdictions. 

Written Comments: Interested parties 

may submit written comments by email 

message in advance of the webinar to 

Kathi Grasso, Designated Federal 

Official, at Kathi.Grasso@usdoj.gov, no 

later than Monday, April 20, 2015. In 

the alternative, interested parties may 

fax comments to 202–307–2819 and 

contact Joyce Mosso Stokes at 202–305– 

4445 to ensure that they are received. 

[These are not toll-free numbers.] 

Robert L. Listenbee, 

Administrator, Office of Juvenile Justice and 

Delinquency Prevention. 

[FR Doc. 2015–07419 Filed 3–31–15; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

Meeting of the Compact Council for the 

National Crime Prevention and Privacy 

Compact 

AGENCY: Federal Bureau of 

Investigation, Department of Justice. 

ACTION: Meeting notice. 

SUMMARY: The purpose of this notice is 

to announce a meeting of the National 

Crime Prevention and Privacy Compact 

Council (Council) created by the 

National Crime Prevention and Privacy 

Compact Act of 1998 (Compact). Thus 

far, the Federal Government and 30 

states are parties to the Compact which 

governs the exchange of criminal history 

records for licensing, employment, and 

similar purposes. The Compact also 

provides a legal framework for the 

establishment of a cooperative federalstate system to exchange such records. 

The United States Attorney General 

appointed 15 persons from state and 

federal agencies to serve on the Council. 

The Council will prescribe system rules 

and procedures for the effective and 

proper operation of the Interstate 

Identification Index system for 

noncriminal justice purposes. 

Matters for discussion are expected to 

include: 

(1) Bureau of Indian Affairs Purpose 

Code X Proposal 

(2) Proposed Changes to the 

Noncriminal Justice Rap Back Policy 

and Implementation Guide 

(3) National Crime Prevention and 

Privacy Compact Ratification Checklist 

The meeting will be open to the 

public on a first-come, first-seated basis. 

Any member of the public wishing to 

file a written statement with the Council 

or wishing to address this session of the 

Council should notify the Federal 

Bureau Of Investigation (FBI) Compact 

Officer, Mr. Gary S. Barron at (304) 625– 

2803, at least 24 hours prior to the start 

of the session. The notification should 

contain the individual’s name and 

corporate designation, consumer 

affiliation, or government designation, 

along with a short statement describing 

the topic to be addressed and the time 

needed for the presentation. Individuals 

will ordinarily be allowed up to 15 

minutes to present a topic. 

Dates and Times: The Council will 

meet in open session from 9 a.m. until 

5 p.m., on May 13–14, 2015. 

ADDRESSES: The meeting will take place 

at the Knoxville Marriott Hotel, 501 East 

Hill Avenue, Knoxville, Tennessee, 

telephone 865–637–1234. 

FOR FURTHER INFORMATION CONTACT: 

Inquiries may be addressed to Mr. Gary 

S. Barron, FBI Compact Officer, Module 

D3, 1000 Custer Hollow Road, 

Clarksburg, West Virginia 26306, 

telephone (304) 625–2803, facsimile 

(304) 625–2868. 

Dated: March 24, 2015. 

Gary S. Barron, 

FBI Compact Officer, Criminal Justice 

Information, Services Division, Federal 

Bureau of Investigation. 

[FR Doc. 2015–07426 Filed 3–31–15; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

Title 30 of the Code of Federal 

Regulations, 30 CFR part 44, govern the 

application, processing, and disposition 

of petitions for modification. This notice 

is a summary of petitions for 

modification submitted to the Mine 

Safety and Health Administration 

(MSHA) by the parties listed below. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations, and Variances 

on or before May 1, 2015. 

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 or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: Sheila McConnell, Acting 

Director, Office of Standards, 

Regulations, and Variances. Persons 

delivering documents are required to 

check in at the receptionist’s desk on 

the 21st floor. Individuals may inspect 

copies of the petitions and comments 

during normal business hours at the 

address listed above. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations, and Variances at 202–693– 

9447 (Voice), 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–2015–003–C. 

Petitioner: Rosebud Mining Company, 

P.O. Box 1025, Northern Cambria, 

Pennsylvania 15714. 

Mines: Coral-Graceton Mine, MSHA 

I.D. No. 36–09595 and Crooked Creek 

Mine, MSHA I.D. No. 36–09972, both 

located in Indiana County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 18.35(a)(5)(i) 

(Portable (trailing) cables and cords). 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17503 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of 480-volt 

trailing cables with a maximum length 

of 1200 feet when No. 2 American Wire 

Gauge (AWG) cable is used and a 

maximum length of 950 feet when No. 

4 AWG cable is used on roof bolters. 

The petitioner states that: 

(1) The trailing cables for the 480-volt 

bolters will not be smaller than No. 4 

AWG cable. 

(2) All circuit breakers used to protect 

the No. 2 AWG trailing cable or the No. 

4 AWG trailing cable exceeding 700 feet 

in length will have instantaneous trip 

units calibrated to trip at 500 amperes. 

The trip setting of these circuit breakers 

will be sealed to ensure that the settings 

cannot be changed, and these circuit 

breakers will have permanent, legible 

labels. Each label will identify the 

circuit breaker as being suitable for 

protecting the cables. 

(3) Replacement circuit breakers and/ 

or instantaneous trip units used to 

protect the No. 2 AWG trailing cable or 

the No. 4 AWG trailing cable will be 

calibrated to trip at 500 amperes and 

they will be sealed. 

(4) All components that provide shortcircuit protection will have a sufficient 

interruption rating in accordance with 

the maximum calculated fault currents 

available. 

(5) During each production day, the 

trailing cables and the circuit breakers 

will be examined in accordance with all 

30 CFR provisions. 

(6) Permanent warning labels will be 

installed and maintained on the load 

center identifying the location of each 

short-circuit protection device. These 

labels will warn miners not to change or 

alter the settings of these devices. 

(7) If the affected trailing cables are 

damaged in any way during the shift, 

the cable will be de-energized and 

repairs made. 

(8) The alternative method will not be 

implemented until all miners who have 

been designated to operate the bolters, 

or any other person designated to 

examine the trailing cables or trip 

settings on the circuit breakers, have 

received the proper training as to the 

performance of their duties. 

(9) Within 60 days after the proposed 

decision and order becomes final, the 

petitioner will submit proposed 

revisions for their approved 30 CFR part 

48 training plans to the District 

Manager. These revisions will specify 

task training for miners designated to 

examine the trailing cables for safe 

operating condition and verify that the 

short-circuit settings of the circuitinterrupting devices that protect the 

affected trailing cables do not exceed 

the settings specified previously in this 

petition. The training will include the 

following elements: 

(a) The hazards of setting the shortcircuit interrupting device(s) too high to 

adequately protect the trailing cables. 

(b) How to verify that the circuit 

interrupting device(s) protecting the 

trailing cable(s) are properly set and 

maintained. 

(c) Mining methods and operating 

procedures that will protect the trailing 

cables against damage. 

(d) Proper procedures for examining 

the trailing cables to ensure that the 

cables are in safe operating condition by 

visually inspecting the entire cable, 

observing the insulation, the integrity of 

splices, nicks and abrasions. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection afforded by the 

standard. 

Docket Numbers: M–2015–004–C. 

Petitioner: Bowie Resources, LLC, 

P.O. Box 1488, Paonia, Colorado 81428. 

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

No. 05–04591, located in Delta County, 

Colorado. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to allow the use 

of battery-powered nonpermissible 

infrared scanning and digital camera 

equipment in or inby the last open 

crosscut. The petitioner asserts that 

equivalent permissible equipment does 

not exist. The petitioner states that: 

(1) Prohibiting the use of an infrared 

(IR) digital camera under the existing 

standard will result in the reduction of 

safety for the miners at the Bowie No. 

2 Mine. The use of the IR will provide 

an effective method to detect and 

identify small areas of higher than 

normal coal pillar oxidation that may 

lead to spontaneous combustion. 

(2) Using currently available means of 

detecting coal pillar oxidation, which is 

limited to hand-held carbon monoxide 

detectors, odor, or smoke is ineffective 

and may allow oxidation to become a 

heating or spontaneous combustion 

event. 

(3) In the alternative to compliance 

with the existing standard the petitioner 

proposes the following: 

(a) Nonpermissible infrared IR 

scanning and digital equipment will be 

used only when equivalent permissible 

equipment does not exist. 

(b) All nonpermissible battery 

operated IR equipment will be limited 

to: 

(i) Flir i50 7.2 volt Li/ion S/N 

399002500. 

(ii) Flir E5 3.6 volt Li/ion S/N 

63913354. 

(iii) Flir E5 3.6 volt Li/ion S/N 

63917252. 

(4) Nonpermissible IR equipment will 

only be used until equivalent 

permissible IR is available. 

(5) A logbook will be maintained for 

electronic IR and will be kept in the 

mine office where the equipment is 

located. The logbook will contain the 

date of manufacture and/or purchase of 

each particular piece of electronic IR 

equipment and will be made available 

to MSHA on request. 

(6) All nonpermissible electronic IR 

equipment to be used in or inby the last 

open crosscut will be examined by the 

person that will operate the equipment, 

prior to taking the equipment 

underground to ensure the equipment is 

being maintained in a safe operating 

condition. These checks will include: 

(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. 

(vi) Recording the results of the 

inspection in the equipment logbook. 

(7) The equipment will be examined 

at least weekly by a qualified person as 

defined in 30 CFR 75.153. The 

examination results will be recorded 

weekly in the logbook. Inspection 

entries in the logbook may be expunged 

after one year. 

(8) All nonpermissible electronic IR 

equipment will be serviced according to 

the manufacturer’s recommendations. 

Dates of service will be recorded in the 

equipment logbook and will include a 

description of the work performed. 

(9) The nonpermissible IR equipment 

that will be used in or inby the last open 

crosscut will not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance. 

(10) Nonpermissible IR equipment 

will not be used if methane is detected 

in concentrations at or above one 

percent. When one percent or more of 

methane is detected while the 

nonpermissible IR equipment is being 

used, the equipment will be deenergized 

immediately and withdrawn outby the 

last open crosscut. Prior to returning 

inby the last open crosscut, all 

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requirements of 30 CFR 75.323 will be 

complied with. 

(11) As an additional safety check, 

prior to energizing nonpermissible IR 

equipment in or inby the last open 

crosscut, the operator of the equipment 

will conduct a visual examination of the 

immediate area for evidence that the 

area appears to be sufficiently rock 

dusted and for the presence of 

accumulated float coal dust. If the rock 

dusting appears insufficient or the 

presence of accumulated coal dust is 

observed, the equipment may not be 

energized until sufficient rock dust has 

been applied and/or the accumulations 

of coal dust have been cleaned up. If 

nonpermissible IR equipment is to be 

used in an area that is not rock dusted, 

within 40-feet of a working face where 

a continuous miner is used to extract 

coal, the area is to be rock dusted prior 

to energizing the electronic IR 

equipment. 

(12) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined by 30 

CFR 75.320. All methane detectors must 

provide visual and audible warnings 

when methane is detected at or above 

one percent. 

(13) Prior to energizing the electronic 

IR equipment in or inby the last open 

crosscut, methane tests must be made 

no more than eight inches from the roof 

or floor in the area where the equipment 

is to be used. 

(14) All areas to be examined with 

nonpermissible IR equipment must be 

pre-shifted according to 30 CFR 75.360 

prior to the IR examination. If the area 

is not pre-shifted a supplemental 

examination according to 30 CFR 75.361 

must be performed before any noncertified person enters the area. If the 

area has been examined according to 30 

CFR 75.360 or 75.361, an additional 

examination is not required. 

(15) A qualified person as defined in 

30 CFR 75.151 will continuously 

monitor for methane immediately before 

and during the use of nonpermissible IR 

equipment in or inby the last open 

crosscut. 

(16) Batteries contained in the IR 

equipment must be changed out or 

charged in intake air outby the last open 

crosscut. Replacement batteries for the 

electronic IR equipment will not be 

brought in or inby the last open 

crosscut. Upon entry into the mine, all 

batteries for the electronic infrared 

equipment must be fully charged. 

(17) When using nonpermissible 

electronic IR equipment in or inby the 

last open crosscut the operator must 

confirm by measurement or by inquiry 

of the person in charge of the section 

that the air quantity on the section, on 

that shift, in the last open crosscut is the 

quantity that is required by the mine’s 

ventilation plan. 

(18) Personnel engaged in the use of 

IR equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of the 

equipment in areas where methane 

could be present. 

(19) All persons who operate 

nonpermissible electronic IR equipment 

will receive specific training on the 

terms and conditions of this petition 

before using nonpermissible electronic 

equipment in or inby the last open 

crosscut. A record of the training will be 

kept with other training records. 

(20) Within 60 days after the proposed 

decision and order (PDO) becomes final, 

the petitioner will submit proposed 

revisions for their approved 30 CFR part 

48 training plans to the District 

Manager. These revisions will specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted an MSHA 

Certificate of Training (Form 5000–23) 

will be completed. Comments on the 

certificate of training will indicate IR 

operator training. 

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–2015–005–C. 

Petitioner: Bowie Resources, LLC, 

P.O. Box 1488, Paonia, Colorado 81428. 

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

No. 05–04591, located in Delta 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 allow the use 

of battery-powered nonpermissible 

infrared scanning and digital camera 

equipment in return airways. The 

petitioner asserts that equivalent 

permissible equipment does not exist. 

The petitioner states that: 

(1) Prohibiting the use of an infrared 

(IR) digital camera under the existing 

standard will result in the reduction of 

safety for the miners at the Bowie No. 

2 Mine. The use of the IR will provide 

an effective method to detect and 

identify small areas of higher than 

normal coal pillar oxidation that may 

lead to spontaneous combustion. 

(2) Using currently available means of 

detecting coal pillar oxidation, which is 

limited to hand-held carbon monoxide 

detectors, odor, or smoke is ineffective 

and may allow oxidation to become a 

heating or spontaneous combustion 

event. 

(3) In the alternative to compliance 

with the existing standard the petitioner 

proposes the following: 

(a) Nonpermissible IR scanning and 

digital equipment will be used only 

when equivalent permissible equipment 

does not exist. 

(b) All nonpermissible battery 

operated IR equipment will be limited 

to: 

(i) Flir i50 7.2 volt Li/ion S/N 

399002500. 

(ii) Flir E5 3.6 volt Li/ion S/N 

63913354. 

(iii) Flir E5 3.6 volt Li/ion S/N 

63917252. 

(4) Nonpermissible IR equipment will 

only be used until equivalent 

permissible IR is available. 

(5) A logbook will be maintained for 

electronic IR and will be kept in the 

mine office where the equipment is 

located. The logbook will contain the 

date of manufacture and/or purchase of 

each particular piece of electronic IR 

equipment and will be made available 

to MSHA on request. 

(6) All nonpermissible electronic IR 

equipment to be used in a return airway 

will be examined by the person that will 

operate the equipment, prior to taking 

the equipment underground to ensure 

the equipment is being maintained in a 

safe operating condition. These checks 

will include: 

(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. 

(vi) Recording the results of the 

inspection in the equipment logbook. 

(7) The equipment will be examined 

at least weekly by a qualified person as 

defined in 30 CFR 75.153. The 

examination results will be recorded 

weekly in the logbook. Inspection 

entries in the logbook may be expunged 

after one year. 

(8) All nonpermissible electronic IR 

equipment will be serviced according to 

the manufacturer’s recommendations. 

Dates of service will be recorded in the 

equipment logbook and will include a 

description of the work performed. 

(9) The nonpermissible IR equipment 

that will be used in return airways will 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 17505 

not be put into service until MSHA has 

initially inspected the equipment and 

determined that it is in compliance. 

(10) Nonpermissible IR equipment 

will not be used if methane is detected 

in concentrations at or above one 

percent. When one percent or more of 

methane is detected while the 

nonpermissible IR equipment is being 

used, the equipment will be deenergized 

immediately and withdrawn from the 

return airway. Prior to returning to the 

return airway, all requirements of 30 

CFR 75.323 will be complied with. 

(11) As an additional safety check, 

prior to energizing nonpermissible IR 

equipment in a return airway, the 

operator of the equipment will conduct 

a visual examination of the immediate 

area for evidence that the area appears 

to be sufficiently rock dusted and for the 

presence of accumulated float coal dust. 

If the rock dusting appears insufficient 

or the presence of accumulated coal 

dust is observed, the equipment may not 

be energized until sufficient rock dust 

has been applied and/or the 

accumulations of coal dust have been 

cleaned up. 

(12) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

condition as defined by 30 CFR 75.320. 

All methane detectors must provide 

visual and audible warnings when 

methane is detected at or above one 

percent. 

(13) Prior to energizing the electronic 

IR equipment in a return airway, 

methane tests must be made no more 

than eight inches from the roof or floor 

in the area where the equipment is to be 

used. 

(14) All areas to be examined with 

nonpermissible IR equipment must be 

pre-shifted according to 30 CFR 75.360 

prior to the IR examination. If the area 

is not pre-shifted a supplemental 

examination according to 30 CFR 75.361 

must be performed before any noncertified person enters the area. If the 

area has been examined according to 30 

CFR 75.360 or 75.361, an additional 

examination is not required. 

(15) A qualified person as defined in 

30 CFR 75.151 will continuously 

monitor for methane immediately before 

and during the use of nonpermissible IR 

equipment in a return airway. 

(16) Batteries contained in the IR 

equipment must be changed out or 

charged in intake air outside of a return 

airway. Replacement batteries for the 

electronic IR equipment will not be 

brought into a return airway. Upon 

entry into the mine all batteries for the 

electronic IR equipment must be fully 

charged. 

(17) When using nonpermissible 

electronic IR equipment in a return 

airway, the operator must confirm by 

measurement or by inquiry of the 

person in charge of the section that the 

air quantity in the return airway, on that 

shift, is the quantity that is required by 

the mine’s ventilation plan. 

(18) Personnel engaged in the use of 

IR equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of IR equipment 

in areas where methane could be 

present. 

(19) All persons who operate 

nonpermissible electronic IR equipment 

will receive specific training on the 

terms and conditions of this petition 

before using nonpermissible electronic 

equipment in a return airway. A record 

of the training will be kept with other 

training records. 

(20) Within 60 days after the proposed 

decision and order (PDO) becomes final, 

the petitioner will submit proposed 

revisions for their approved 30 CFR part 

48 training plans to the District 

Manager. These revisions will specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted an MSHA 

Certificate of Training (Form 5000–23) 

will be completed. Comments on the 

certificate of training will indicate IR 

operator training. 

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–2015–006–C. 

Petitioner: Bowie Resources, LLC, 

P.O. Box 1488, Paonia, Colorado 81428. 

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

No. 05–04591, located in Delta 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 allow the use 

of battery-powered nonpermissible 

infrared scanning and digital camera 

equipment within 150 feet of a pillar 

line or longwall face. The petitioner 

asserts that equivalent permissible 

equipment does not exist. The petitioner 

states that: 

(1) Prohibiting the use of an infrared 

(IR) digital camera under the existing 

standard will result in the reduction of 

safety for the miners at the Bowie No. 

2 Mine. The use of the IR will provide 

an effective method to detect and 

identify small areas of higher than 

normal coal pillar oxidation that may 

lead to spontaneous combustion. 

(2) Using currently available means of 

detecting coal pillar oxidation, which is 

limited to hand-held carbon monoxide 

detectors, odor, or smoke is ineffective 

and may allow oxidation to become a 

heating or spontaneous combustion 

event. 

(3) In the alternative to compliance 

with the existing standard the petitioner 

proposes the following: 

(a) Nonpermissible IR scanning and 

digital equipment will be used only 

when equivalent permissible equipment 

does not exist. 

(b) All nonpermissible battery 

operated IR equipment will be limited 

to: 

(i) Flir i50 7.2 volt Li/ion S/N 

399002500. 

(ii) Flir E5 3.6 volt Li/ion S/N 

63913354. 

(iii) Flir E5 3.6 volt Li/ion S/N 

63917252. 

(4) Nonpermissible IR equipment will 

only be used until equivalent 

permissible IR is available. 

(5) A logbook will be maintained for 

electronic IR and will be kept in the 

mine office where the equipment is 

located. The logbook will contain the 

date of manufacture and/or purchase of 

each particular piece of electronic IR 

equipment and will be made available 

to MSHA on request. 

(6) All nonpermissible electronic IR 

equipment to be used within 150 feet of 

a pillar line or longwall face will be 

examined by the person that will 

operate the equipment, prior to taking 

the equipment underground to ensure 

the equipment is being maintained in a 

safe operating condition. These checks 

will include: 

(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. 

(vi) Recording the results of the 

inspection in the equipment logbook. 

(7) The equipment will be examined 

at least weekly by a qualified person as 

defined in 30 CFR 75.153. The 

examination results will be recorded 

weekly in the logbook. Inspection 

entries in the logbook may be expunged 

after one year. 

(8) All nonpermissible electronic IR 

equipment will be serviced according to 

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17506 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices 

the manufacturer’s recommendations. 

Dates of service will be recorded in the 

equipment logbook and will include a 

description of the work performed. 

(9) The nonpermissible IR equipment 

that will be used within 150 feet of a 

pillar line or longwall face will not be 

put into service until MSHA has 

initially inspected the equipment and 

determined that it is in compliance. 

(10) Nonpermissible IR equipment 

will not be used if methane is detected 

in concentrations at or above one 

percent. When one percent or more of 

methane is detected while the 

nonpermissible IR equipment is being 

used, the equipment will be deenergized 

immediately and withdrawn from 

within 150 feet of the pillar line or 

longwall face. Prior to returning to 

within 150 feet of a pillar line or 

longwall face, all requirements of 30 

CFR 75.323 will be complied with. 

(11) As an additional safety check, 

prior to energizing nonpermissible IR 

equipment within 150 feet of a pillar 

line or longwall face, the operator of the 

equipment will conduct a visual 

examination of the immediate area for 

evidence that the area appears to be 

sufficiently rock dusted and for the 

presence of accumulated float coal dust. 

If the rock dusting appears insufficient 

or the presence of accumulated coal 

dust is observed, the equipment may not 

be energized until sufficient rock dust 

has been applied and/or the 

accumulations of coal dust have been 

cleaned up. 

(12) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

condition as defined by 30 CFR 75.320. 

All methane detectors must provide 

visual and audible warnings when 

methane is detected at or above one 

percent. 

(13) Prior to energizing the electronic 

IR equipment within 150 feet of a pillar 

line or longwall face, methane tests 

must be made no more than eight inches 

from the roof or floor in the area where 

the equipment is to be used. 

(14) All areas to be examined with 

nonpermissible IR equipment must be 

pre-shifted according to 30 CFR 75.360 

prior to the IR examination. If the area 

is not pre-shifted a supplemental 

examination according to 30 CFR 75.361 

must be performed before any noncertified person enters the area. If the 

area has been examined according to 30 

CFR 75.360 or 75.361, an additional 

examination is not required. 

(15) A qualified person as defined in 

30 CFR 75.151 will continuously 

monitor for methane immediately before 

and during the use of nonpermissible IR 

equipment within 150 feet of a pillar 

line or longwall face. 

(16) Batteries contained in the IR 

equipment must be changed out or 

charged in intake air outside of 150 feet 

of a pillar line or longwall face. 

Replacement batteries for the electronic 

IR equipment will not be brought within 

150 feet of a pillar line or longwall face. 

Upon entry into the mine all batteries 

for the electronic IR equipment must be 

fully charged. 

(17) When using nonpermissible 

electronic IR equipment within 150 feet 

of a pillar line or longwall face, the 

operator must confirm by measurement 

or by inquiry of the person in charge of 

the section that the intake air quantity 

to the pillar line or the longwall face, on 

that shift, is the quantity that is required 

by the mine’s ventilation plan. 

(18) Personnel engaged in the use of 

IR equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of IR equipment 

in areas where methane could be 

present. 

(19) All persons who operate 

nonpermissible electronic IR equipment 

will receive specific training on the 

terms and conditions of this petition 

before using nonpermissible electronic 

equipment within 150 feet of a pillar 

line or longwall face. A record of the 

training will be kept with other training 

records. 

(20) Within 60 days after the proposed 

decision and order (PDO) becomes final, 

the petitioner will submit proposed 

revisions for their approved 30 CFR part 

48 training plans to the District 

Manager. These revisions will specify 

initial and refresher training regarding 

the terms and conditions of the PDO. 

When training is conducted an MSHA 

Certificate of Training (Form 5000–23) 

will be completed. Comments on the 

certificate of training will indicate IR 

operator training. 

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–2015–001–M. 

Petitioner: The Doe Run Company, 

Three Gateway Center, Suite 1500, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mines: Buick Mine/Mill, MSHA I.D. 

No. 23–00457 and Viburnum No. 35 

(Casteel Mine), MSHA I.D. No. 23– 

01800, located in Iron County, Missouri; 

Sweetwater Mine/Mill, MSHA I.D. No. 

23–00458, Fletcher Mine/Mill, MSHA 

I.D. No. 23–00409, and Brushy Creek 

Mine/Mill, MSHA I.D. No. 23–00499, 

located in Reynolds County, Missouri; 

and Viburnum No. 29 Mine, MSHA I.D. 

No. 23–00495, located in Washington 

County, Missouri. 

Regulation Affected: 30 CFR 

57.11052(d) (Refuge areas). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of 

compressed air cylinders and bottled 

water at its underground lead mines. 

The petitioner states that: 

(1) The mines consist of both 

development and production headings. 

Activities include drilling, blasting, 

scaling, loading and hauling of ore. 

(2) The compressed air and bottled 

water will be used in proposed refuge 

areas located at various locations. 

(3) The mines currently use 

designated points of safety (DPOS) 

located throughout the mine for areas of 

safe refuge in case of an emergency. The 

DPOS contains compressed air with a 

regulator, bottled water, first aid 

supplies, maps and a phone. 

(4) As an alternative to compliance 

with the existing standard, Doe Run 

proposes the following: 

(a) The proposed refuge chambers will 

be constructed out of fire resistant 

material. 

(b) The door to the proposed refuge 

chambers will have at least a fire rating 

of one and one-half hours. 

(c) The chamber will be equipped 

with at minimum three compressed air 

bottles each containing 7,929 liters at 

310 cubic feet of Grade D breathing air; 

a regulator to meter the air; a minimum 

of 15 gallons of bottled water; first aid 

kit; stretcher; six tubes of latex caulk to 

seal around the door; one fire 

extinguisher; and a set of escape maps 

and an escape plan. 

(d) A pager phone will be used for 

communication. The phone line 

servicing the phone will be a heavy 

jacketed, shielded line that runs from 

the main shop area to the refuge area, 

and a second line will be installed. 

(e) The refuge chambers will be 

equipped with a ball valve located on 

the wall to relieve pressure build up 

from the use of the compressed air 

inside the chambers. 

(f) Two benches will be located along 

the walls to provide seating for the 

miners. 

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. 

Dated: March 26, 2015. 

Sheila McConnell, 

Acting Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 2015–07388 Filed 3–31–15; 8:45 am] 

BILLING CODE 4510–43–P 

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