82_FR_61579 82 FR 61332 - Petitions for Modification of Application of Existing Mandatory Safety Standards

82 FR 61332 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61332-61334
FR Document2017-27850

This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61332-61334]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27850]


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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: This notice is a summary of petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before January 26, 2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition 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), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2017-027-C.
    Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah 
84522.
    Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery County, 
Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 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 the size and complexity of mine plans, require 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) Use nonpermissible electronic surveying equipment when 
equivalent permissible electronic surveying equipment is not available. 
Nonpermissible equipment will include 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 safe 
operating condition. These examinations 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.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on 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

[[Page 61333]]

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 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 in the surveying equipment will be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use 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 inspected the equipment and determined that it 
is in compliance with all the terms and conditions in this petition.
    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-2017-028-C.
    Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah 
84522.
    Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery County, 
Utah.
    Regulation Affected: 30 CFR 507-1(a) (Electric equipment other than 
power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 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 the size and complexity of mine plans, require 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) Use nonpermissible electronic surveying equipment when 
equivalent permissible electronic surveying equipment is not available. 
Nonpermissible equipment will include portable battery-operated total 
station surveying equipment, mine transits, distance meters, and data 
loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by surveying personnel prior to use to 
ensure the equipment is being maintained in safe operating condition. 
These examinations 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.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on 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 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 in the surveying equipment will be changed out or 
charged in fresh air out of the return airway.
    (h) Qualified personnel who use 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 inspected the equipment and determined that it 
is in compliance with all the terms and conditions in this petition.
    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-2017-029-C.
    Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah 
84522.
    Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery County, 
Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered nonpermissible 
surveying equipment within 150 feet of longwall faces and pillar 
workings. Battery-powered nonpermissible surveying equipment includes, 
but is 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 the size and complexity of mine plans, require that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the

[[Page 61334]]

following as an alternative to the existing standard:
    (a) Use nonpermissible electronic surveying equipment when 
equivalent permissible electronic surveying equipment is not available. 
Nonpermissible equipment will include 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 or longwall faces will be examined 
by surveying personnel prior to use to ensure the equipment is being 
maintained in safe operating condition. These examinations 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.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on 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 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 in the surveying equipment will be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use 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 inspected the equipment and determined that it 
is in compliance with all the terms and conditions in this petition.
    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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-27850 Filed 12-26-17; 8:45 am]
 BILLING CODE 4520-43-P



                                               61332                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                                                                                                   COLLECTION FORMS
                                               Occupational Requirements Survey (Private In-           List form numbers                                     Name form Establishment.
                                                dustry sample).                                        ORS Form 15–1P                                        Collection Forms for Private Industry.
                                                                                                       ORS Form 4 PPD–4P
                                                                                                       ORS Form 4 PPD–4PA
                                               Occupational Requirements Survey (State and             List form numbers                                     Name form Establishment.
                                                local government sample).                              ORS Form 15–1G                                        Collection Forms for Governments.
                                                                                                       ORS Form 4 PPD–4G
                                                                                                       ORS Form 4 PPD–4GA



                                                 Comments submitted in response to                       MSHA will consider only comments                    portable battery-operated mine transits,
                                               this notice will be summarized and/or                   postmarked by the U.S. Postal Service or              total station surveying equipment,
                                               included in the request for Office of                   proof of delivery from another delivery               distance meters, and data loggers.
                                               Management and Budget approval of the                   service such as UPS or Federal Express                  The petitioner states that:
                                               information collection request; they also               on or before the deadline for comments.                 (1) To comply with requirements for
                                               will become a matter of public record.                  FOR FURTHER INFORMATION CONTACT:                      mine ventilation maps and mine maps
                                                 Signed at Washington, DC, this 20th day of            Barbara Barron, Office of Standards,                  in 30 CFR 75.372 and 75.1200, use of
                                               December 2017.                                          Regulations, and Variances at 202–693–                the most practical and accurate
                                               Kimberley Hill,                                         9447 (Voice), barron.barbara@dol.gov                  surveying equipment is necessary.
                                               Chief, Division of Management Systems.                  (Email), or 202–693–9441 (Facsimile).                   (2) Application of the existing
                                               [FR Doc. 2017–27852 Filed 12–26–17; 8:45 am]
                                                                                                       [These are not toll-free numbers.]                    standard would result in a diminution
                                                                                                       SUPPLEMENTARY INFORMATION: Section                    of safety to the miners. Underground
                                               BILLING CODE 4510–24–P
                                                                                                       101(c) of the Federal Mine Safety and                 mining by its nature, and the size and
                                                                                                       Health Act of 1977 and Title 30 of the                complexity of mine plans, require that
                                               DEPARTMENT OF LABOR                                     Code of Federal Regulations Part 44                   accurate and precise measurements be
                                                                                                       govern the application, processing, and               completed in a prompt and efficient
                                               Mine Safety and Health Administration                   disposition of petitions for modification.            manner. The petitioner proposes the
                                                                                                                                                             following as an alternative to the
                                               Petitions for Modification of                           I. Background                                         existing standard:
                                               Application of Existing Mandatory                          Section 101(c) of the Federal Mine                   (a) Use nonpermissible electronic
                                               Safety Standards                                        Safety and Health Act of 1977 (Mine                   surveying equipment when equivalent
                                                                                                       Act) allows the mine operator or                      permissible electronic surveying
                                               AGENCY: Mine Safety and Health
                                                                                                       representative of miners to file a                    equipment is not available.
                                               Administration, Labor.
                                                                                                       petition to modify the application of any             Nonpermissible equipment will include
                                               ACTION: Notice.
                                                                                                       mandatory safety standard to a coal or                portable battery-operated total station
                                               SUMMARY:    This notice is a summary of                 other mine if the Secretary of Labor                  surveying equipment, mine transits,
                                               petitions for modification submitted to                 (Secretary) determines that:                          distance meters, and data loggers.
                                               the Mine Safety and Health                                 1. An alternative method of achieving                (b) All nonpermissible electronic
                                               Administration (MSHA) by the parties                    the result of such standard exists which              surveying equipment to be used in or
                                               listed below.                                           will at all times guarantee no less than              inby the last open crosscut will be
                                                                                                       the same measure of protection afforded               examined by surveying personnel prior
                                               DATES: All comments on the petitions
                                                                                                       the miners of such mine by such                       to use to ensure the equipment is being
                                               must be received by MSHA’s Office of
                                                                                                       standard; or                                          maintained in safe operating condition.
                                               Standards, Regulations, and Variances
                                                                                                          2. That the application of such                    These examinations will include:
                                               on or before January 26, 2018.
                                                                                                       standard to such mine will result in a                  (i) Checking the instrument for any
                                               ADDRESSES: You may submit your                          diminution of safety to the miners in
                                               comments, identified by ‘‘docket                                                                              physical damage and the integrity of the
                                                                                                       such mine.                                            case.
                                               number’’ on the subject line, by any of                    In addition, the regulations at 30 CFR
                                               the following methods:                                                                                          (ii) Removing the battery and
                                                                                                       44.10 and 44.11 establish the                         inspecting for corrosion.
                                                  1. Electronic Mail: zzMSHA-                          requirements and procedures for filing
                                               comments@dol.gov. Include the docket                                                                            (iii) Inspecting the contact points to
                                                                                                       petitions for modification.                           ensure a secure connection to the
                                               number of the petition in the subject
                                               line of the message.                                    II. Petitions for Modification                        battery.
                                                  2. Facsimile: 202–693–9441.                             Docket Number: M–2017–027–C.                         (iv) Reinserting the battery and
                                                  3. Regular Mail or Hand Delivery:                       Petitioner: Bronco Utah Operations,                powering up and shutting down to
                                               MSHA, Office of Standards,                              LLC, P.O. Box 527, Emery, Utah 84522.                 ensure proper connections.
                                               Regulations, and Variances, 201 12th                       Mine: Emery Mine, MSHA I.D. No.                      (v) Checking the battery compartment
                                               Street South, Suite 4E401, Arlington,                   42–00079, located in Emery County,                    cover to ensure that it is securely
                                               Virginia 22202–5452, Attention: Sheila                  Utah.                                                 fastened.
                                               McConnell, Director, Office of                             Regulation Affected: 30 CFR 75.500(d)                (c) The results of such examinations
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                                               Standards, Regulations, and Variances.                  (Permissible electric equipment).                     will be recorded and retained for one
                                               Persons delivering documents are                           Modification Request: The petitioner               year and made available to MSHA on
                                               required to check in at the receptionist’s              requests a modification of the existing               request.
                                               desk in Suite 4E401. Individuals may                    standard to permit the use of battery-                  (d) A qualified person as defined in
                                               inspect copies of the petition and                      powered nonpermissible surveying                      30 CFR 75.151 will continuously
                                               comments during normal business                         equipment in or inby the last open                    monitor for methane immediately before
                                               hours at the address listed above.                      crosscut, including, but not limited to,              and during the use of nonpermissible


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                                                                        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                          61333

                                               surveying equipment in or inby the last                 in 30 CFR 75.372 and 75.1200, use of                     (h) Qualified personnel who use
                                               open crosscut.                                          the most practical and accurate                       surveying equipment will be properly
                                                  (e) Nonpermissible surveying                         surveying equipment is necessary.                     trained to recognize the hazards
                                               equipment will not be used if methane                      (2) Application of the existing                    associated with the use of
                                               is detected in concentrations at or above               standard would result in a diminution                 nonpermissible surveying equipment in
                                               one percent for the area being surveyed.                of safety to the miners. Underground                  areas where methane could be present.
                                               When methane is detected at such levels                 mining by its nature, and the size and                   (i) The nonpermissible surveying
                                               while the nonpermissible surveying                      complexity of mine plans, require that                equipment will not be put into service
                                               equipment is being used, the equipment                  accurate and precise measurements be                  until MSHA has inspected the
                                               will be deenergized immediately and                     completed in a prompt and efficient                   equipment and determined that it is in
                                               withdrawn outby the last open crosscut.                 manner. The petitioner proposes the                   compliance with all the terms and
                                                  (f) All hand-held methane detectors                  following as an alternative to the                    conditions in this petition.
                                               will be MSHA-approved and                               existing standard:                                       Within 60 days after the Proposed
                                               maintained in permissible and proper                       (a) Use nonpermissible electronic                  Decision and Order becomes final, the
                                               operating condition as defined in 30                    surveying equipment when equivalent                   petitioner will submit proposed
                                               CFR 75.320.                                             permissible electronic surveying                      revisions for its approved 30 CFR part
                                                  (g) Batteries in the surveying                       equipment is not available.                           48 training plan to the District Manager.
                                               equipment will be changed out or                        Nonpermissible equipment will include                 The revisions will specify initial and
                                               charged in fresh air outby the last open                portable battery-operated total station               refresher training regarding the terms
                                               crosscut.                                               surveying equipment, mine transits,                   and conditions in the Proposed Decision
                                                  (h) Qualified personnel who use                      distance meters, and data loggers.                    and Order.
                                               surveying equipment will be properly                       (b) All nonpermissible electronic                     The petitioner asserts that the
                                               trained to recognize the hazards                        surveying equipment to be used in                     proposed alternative method will at all
                                               associated with the use of                              return airways will be examined by                    times guarantee no less than the same
                                               nonpermissible surveying equipment in                   surveying personnel prior to use to                   measure of protection as that afforded
                                               areas where methane could be present.                   ensure the equipment is being                         by the existing standard.
                                                  (i) The nonpermissible surveying                     maintained in safe operating condition.                  Docket Number: M–2017–029–C.
                                               equipment will not be put into service                  These examinations will include:                         Petitioner: Bronco Utah Operations,
                                               until MSHA has inspected the                               (i) Checking the instrument for any                LLC, P.O. Box 527, Emery, Utah 84522.
                                               equipment and determined that it is in                  physical damage and the integrity of the                 Mine: Emery Mine, MSHA I.D. No.
                                               compliance with all the terms and                       case.                                                 42–00079, located in Emery County,
                                               conditions in this petition.                               (ii) Removing the battery and                      Utah.
                                                  Within 60 days after the Proposed                    inspecting for corrosion.                                Regulation Affected: 30 CFR
                                               Decision and Order becomes final, the                      (iii) Inspecting the contact points to             75.1002(a) (Installation of electric
                                               petitioner will submit proposed                         ensure a secure connection to the                     equipment and conductors;
                                               revisions for its approved 30 CFR part                  battery.                                              permissibility).
                                               48 training plan to the District Manager.                  (iv) Reinserting the battery and                      Modification Request: The petitioner
                                               The revisions will specify initial and                  powering up and shutting down to                      requests a modification of the existing
                                               refresher training regarding the terms                  ensure proper connections.                            standard to permit the use of battery-
                                               and conditions in the Proposed Decision                    (v) Checking the battery compartment               powered nonpermissible surveying
                                               and Order.                                              cover to ensure that it is securely                   equipment within 150 feet of longwall
                                                  The petitioner asserts that the                      fastened.                                             faces and pillar workings. Battery-
                                               proposed alternative method will at all                    (c) The results of such examinations               powered nonpermissible surveying
                                               times guarantee no less than the same                   will be recorded and retained for one                 equipment includes, but is not limited
                                               measure of protection as that afforded                  year and made available to MSHA on                    to, portable battery-operated mine
                                               by the existing standard.                               request.                                              transits, total station surveying
                                                  Docket Number: M–2017–028–C.                            (d) A qualified person as defined in               equipment, distance meters, and data
                                                  Petitioner: Bronco Utah Operations,                  30 CFR 75.151 will continuously                       loggers.
                                               LLC, P.O. Box 527, Emery, Utah 84522.                   monitor for methane immediately before                   The petitioner states that:
                                                  Mine: Emery Mine, MSHA I.D. No.                      and during the use of nonpermissible                     (1) To comply with requirements for
                                               42–00079, located in Emery County,                      surveying equipment in return airways.                mine ventilation maps and mine maps
                                               Utah.                                                      (e) Nonpermissible surveying                       in 30 CFR 75.372 and 75.1200, use of
                                                  Regulation Affected: 30 CFR 507–1(a)                 equipment will not be used if methane                 the most practical and accurate
                                               (Electric equipment other than power-                   is detected in concentrations at or above             surveying equipment is necessary. To
                                               connection points; outby the last open                  one percent for the area being surveyed.              ensure the safety of the miners in active
                                               crosscut; return air; permissibility                    When methane is detected at such levels               mines and to protect miners in future
                                               requirements).                                          while the nonpermissible surveying                    mines that may mine in close proximity
                                                  Modification Request: The petitioner                 equipment is being used, the equipment                to these same active mines, it is
                                               requests a modification of the existing                 will be deenergized immediately and                   necessary to determine the exact
                                               standard to permit the use of battery-                  withdrawn out of the return airways.                  location and extent of the mine
                                               powered nonpermissible surveying                           (f) All hand-held methane detectors                workings.
                                               equipment in return airways, including,                 will be MSHA-approved and                                (2) Application of the existing
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                                               but not limited to, portable battery-                   maintained in permissible and proper                  standard would result in a diminution
                                               operated mine transits, total station                   operating condition as defined in 30                  of safety to the miners. Underground
                                               surveying equipment, distance meters,                   CFR 75.320.                                           mining by its nature, and the size and
                                               and data loggers.                                          (g) Batteries in the surveying                     complexity of mine plans, require that
                                                  The petitioner states that:                          equipment will be changed out or                      accurate and precise measurements be
                                                  (1) To comply with requirements for                  charged in fresh air out of the return                completed in a prompt and efficient
                                               mine ventilation maps and mine maps                     airway.                                               manner. The petitioner proposes the


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                                               61334                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               following as an alternative to the                      until MSHA has inspected the                          after the comment period will not be
                                               existing standard:                                      equipment and determined that it is in                considered.
                                                  (a) Use nonpermissible electronic                    compliance with all the terms and                     SUPPLEMENTARY INFORMATION:     The
                                               surveying equipment when equivalent                     conditions in this petition.                          Department of Labor, as part of its
                                               permissible electronic surveying                          Within 60 days after the Proposed                   continuing effort to reduce paperwork
                                               equipment is not available.                             Decision and Order becomes final, the                 and respondent burden, conducts a
                                               Nonpermissible equipment will include                   petitioner will submit proposed                       preclearance consultation program to
                                               portable battery-operated total station                 revisions for its approved 30 CFR part                provide the general public and Federal
                                               surveying equipment, mine transits,                     48 training plan to the District Manager.             agencies with an opportunity to
                                               distance meters, and data loggers.                      The revisions will specify initial and                comment on proposed and/or
                                                  (b) All nonpermissible electronic                    refresher training regarding the terms                continuing collections of information in
                                               surveying equipment to be used within                   and conditions in the Proposed Decision               accordance with the Paperwork
                                               150 feet of pillar workings or longwall                 and Order.                                            Reduction Act of 1995 (PRA95).
                                               faces will be examined by surveying                       The petitioner asserts that the                       I. Background: The Black Lung
                                               personnel prior to use to ensure the                    proposed alternative method will at all               Benefits Act (BLBA), (30 U.S.C. 901 et
                                               equipment is being maintained in safe                   times guarantee no less than the same                 seq.) provides benefits to coal miners
                                               operating condition. These                              measure of protection as that afforded                who are totally disabled due to
                                               examinations will include:                              by the existing standard.                             pneumoconiosis (black lung disease)
                                                  (i) Checking the instrument for any
                                                                                                       Sheila McConnell,                                     and to certain survivors of miners.
                                               physical damage and the integrity of the
                                                                                                       Director, Office of Standards, Regulations,           Miners entitled to benefits also receive
                                               case.
                                                  (ii) Removing the battery and                        and Variances.                                        medical benefits for treatment related to
                                               inspecting for corrosion.                               [FR Doc. 2017–27850 Filed 12–26–17; 8:45 am]          their pneumoconiosis and resulting
                                                  (iii) Inspecting the contact points to               BILLING CODE 4520–43–P
                                                                                                                                                             disability. A miner who applies for
                                               ensure a secure connection to the                                                                             black lung benefits must complete the
                                               battery.                                                                                                      CM–911 (application form). The
                                                  (iv) Reinserting the battery and                     DEPARTMENT OF LABOR                                   completed form gives basic identifying
                                               powering up and shutting down to                                                                              information about the applicant and is
                                               ensure proper connections.                              Office of Workers’ Compensation                       the beginning of the development of the
                                                  (v) Checking the battery compartment                 Programs                                              black lung claim. Title 20 CFR 725.304a
                                               cover to ensure that it is securely                                                                           authorizes this information collection.
                                               fastened.                                               Division of Coal Mine Workers’                        The CM–911A (employment history
                                                  (c) The results of such examinations                 Compensation; Proposed Extension of                   form), when completed, provides a
                                               will be recorded and retained for one                   Existing Collection; Comment Request                  complete history of the miner’s
                                               year and made available to MSHA on                                                                            employment and helps to establish
                                                                                                       ACTION:   Notice.                                     whether the individual currently or
                                               request.
                                                  (d) A qualified person as defined in                 SUMMARY:   Currently, the Office of                   formerly worked in the nation’s coal
                                               30 CFR 75.151 will continuously                         Workers’ Compensation Programs is                     mines and how long that employment
                                               monitor for methane immediately before                  soliciting comments concerning the                    lasted. Title 20 CFR 725.404(a)
                                               and during the use of nonpermissible                    proposed collection: Miner’s Claim for                authorizes this information collection.
                                               surveying equipment within 150 feet of                                                                          II. Review Focus: The Department of
                                                                                                       Benefits under the Black Lung Benefit’s
                                               pillar workings.                                                                                              Labor is particularly interested in
                                                                                                       Act (CM–911) and Employment History
                                                  (e) Nonpermissible surveying                                                                               comments which:
                                                                                                       (CM–911A). A copy of the proposed
                                               equipment will not be used if methane                                                                           * Evaluate whether the proposed
                                                                                                       information collection request can be
                                               is detected in concentrations at or above                                                                     collection of information is necessary
                                                                                                       obtained by contacting the office listed
                                               one percent for the area being surveyed.                                                                      for the proper performance of the
                                                                                                       below in the addresses section of this
                                               When methane is detected at such levels                                                                       functions of the agency, including
                                                                                                       Notice. This program helps to ensure
                                               while the nonpermissible surveying                                                                            whether the information will have
                                                                                                       that requested data can be provided in
                                               equipment is being used, the equipment                                                                        practical utility;
                                                                                                       the desired format, reporting burden
                                               will be deenergized immediately and                                                                             * evaluate the accuracy of the
                                                                                                       (time and financial resources) is
                                               withdrawn further than 150 feet from                                                                          agency’s estimate of the burden of the
                                                                                                       minimized, collection instruments are
                                               pillar workings.                                                                                              proposed collection of information,
                                                                                                       clearly understood, and the impact of
                                                  (f) All hand-held methane detectors                                                                        including the validity of the
                                                                                                       collection requirements on respondents
                                               will be MSHA-approved and                                                                                     methodology and assumptions used;
                                                                                                       can be properly assessed.
                                               maintained in permissible and proper                                                                            * enhance the quality, utility and
                                               operating condition as defined in 30                    DATES: Written comments must be                       clarity of the information to be
                                               CFR 75.320.                                             submitted to the office listed in the                 collected; and
                                                  (g) Batteries in the surveying                       addresses section below on or before                    * minimize the burden of the
                                               equipment will be changed out or                        February 26, 2018.                                    collection of information on those who
                                               charged in fresh air more than 150 feet                 ADDRESSES: You may submit comments                    are to respond, including through the
                                               from pillar workings.                                   by mail, delivery service, or by hand to              use of appropriate automated,
                                                  (h) Qualified personnel who use                      Ms. Yoon Ferguson, U.S. Department of                 electronic, mechanical, or other
daltland on DSKBBV9HB2PROD with NOTICES




                                               surveying equipment will be properly                    Labor, 200 Constitution Ave. NW, Room                 technological collection techniques or
                                               trained to recognize the hazards                        S–3323, Washington, DC 20210; by fax                  other forms of information technology,
                                               associated with the use of                              to (202) 354–9647; or by Email to                     e.g., permitting electronic submissions
                                               nonpermissible surveying equipment in                   ferguson.yoon@dol.gov. Please use only                of responses.
                                               areas where methane could be present.                   one method of transmission for                          III. Current Actions: The Department
                                                  (i) The nonpermissible surveying                     comments (mail/delivery, fax, or Email).              of Labor seeks the approval for the
                                               equipment will not be put into service                  Please note that comments submitted                   extension of this currently-approved


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Document Created: 2017-12-27 02:23:52
Document Modified: 2017-12-27 02:23:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before January 26, 2018.
ContactBarbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.]
FR Citation82 FR 61332 

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