83 FR 10905 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range		10905-10908
FR Document		2018-04998
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 83 Issue 49 (Tuesday, March 13, 2018)
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10905-10908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04998]


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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.

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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 April 12, 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-2018-001-C.
    Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200, 
Johnstown, Pennsylvania 15904.
    Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine, 
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067, 
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA 
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
    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

[[Page 10906]]

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.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (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 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 (PDO) 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 PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-002-C.
    Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200, 
Johnstown, Pennsylvania 15904.
    Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine, 
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067, 
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA 
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 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.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (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

[[Page 10907]]

nonpermissible surveying equipment in areas where methane could be 
present.
    (i) 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 (PDO) 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 PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-003-C.
    Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200, 
Johnstown, Pennsylvania 15904.
    Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine, 
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067, 
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA 
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
    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, including, but not limited to portable battery-operated mine 
transits, total station surveying equipment, distance meters, and data 
loggers.
    The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary. To ensure the safety of the 
miners in active mines and to protect miners in future mines that may 
mine in close proximity to these same active mines, it is necessary to 
determine the exact location and 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.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (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 more 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 (PDO) 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 PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-004-C.
    Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200, 
Johnstown, Pennsylvania 15904.
    Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine, 
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067, 
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA 
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
    Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered nonpermissible 
surveying equipment in shaft and slope construction, including, but not 
limited to portable battery-operated mine transits, total station 
surveying equipment, distance meters, and laptop computers. The 
petitioner proposes to use up-to-date, practical, and accurate 
technology in the preparation of mine maps and ensure the safety of the 
miners by providing proper and accurate mining directional control in 
the mine.
    The petitioner states that:
    (1) Application of the existing standard would result in a 
diminution of safety to the miners.
    (2) Underground mining by its nature, and the size, complexity, and 
relative closeness to other abandoned mines, gas/oil wells, and other 
features, requires that accurate and precise measurements be completed 
in a prompt and efficient manner.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) To examine all nonpermissible electronic surveying equipment 
prior to use in or inby the last open crosscut to ensure the equipment 
is being maintained in a safe operating

[[Page 10908]]

condition, and have a qualified person as defined in 30 CFR 75.153, 
examine the equipment at intervals not to exceed 7 days. The 
examination results will be recorded in the weekly examination 
electrical equipment book. 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 and damage.
    (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.
    (b) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in or inby the last open crosscut 
or in the return.
    (c) 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.
    (d) Nonpermissible surveying equipment will not be used in areas 
where float coal dust is in suspension.
    (e) Batteries contained in the surveying equipment will be changed 
out or charged in fresh air and not in the return.
    (f) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible surveying equipment.
    (g) 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 (PDO) 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 PDO.
    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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-04998 Filed 3-12-18; 8:45 am]
 BILLING CODE 4520-43-P
Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices 10905

less protection for the miners affected • Docket Number: M–2017–008–C. Persons delivering documents are
than that provided by the standard; or FR Notice: 82 FR 26954 (6/12/2017). required to check in at the receptionist’s
(2) the application of the standard will Petitioner: Excel Mining, LLC, 4126 desk in Suite 4E401. Individuals may
result in a diminution of safety to the State Highway 194 West, Pikeville, inspect copies of the petition and
affected miners. Kentucky 41501. comments during normal business
MSHA bases the final decision on the Mine: Excel Mining #4 Mine, MSHA hours at the address listed above.
petitioner’s statements, any comments I.D. No. 15–19515, located in Pike MSHA will consider only comments
and information submitted by interested County, Kentucky. postmarked by the U.S. Postal Service or
persons, and a field investigation of the Regulation Affected: 30 CFR proof of delivery from another delivery
conditions at the mine. In some 75.1909(b)(6) (Nonpermissible diesel service such as UPS or Federal Express
instances, MSHA may approve a powered equipment; design and on or before the deadline for comments.
petition for modification on the performance requirements). FOR FURTHER INFORMATION CONTACT:
condition that the mine operator • Docket Number: M–2017–002–M. Barbara Barron, Office of Standards,
complies with other requirements noted FR Notice: 82 FR 34701 (7/26/2017). Regulations, and Variances at 202–693–
in the decision. Petitioner: Martin Marietta Materials, 9447 (Voice), barron.barbara@dol.gov
II. Granted Petitions for Modification Inc., Midwest Division, 11252 Aurora (Email), or 202–693–9441 (Facsimile).
Avenue, Des Moines, Iowa 50322. [These are not toll-free numbers.]
On the basis of the findings of Mine: Fort Calhoun Underground
MSHA’s investigation, and as designee SUPPLEMENTARY INFORMATION: Section
Mine, 5765 County Road P 30, Fort 101(c) of the Federal Mine Safety and
of the Secretary, MSHA has granted or Calhoun, Nebraska 68023, MSHA I.D.
partially granted the following petitions Health Act of 1977 and Title 30 of the
No. 25–01300, located in Washington Code of Federal Regulations Part 44
for modification: County, Nebraska.
• Docket Number: M–2016–031–C. govern the application, processing, and
Regulation Affected: 30 CFR disposition of petitions for modification.
FR Notice: 81 FR 81810 (11/18/2016).
Petitioner: S & J Coal Mine, 15 Motter 57.11052(d) (Refuge areas).
I. Background
Drive, Pine Grove, Pennsylvania 17963– Sheila McConnell,
8854. Director, Office of Standards, Regulations,
Section 101(c) of the Federal Mine
Mine: Slope #2 Mine, MSHA I.D. No. and Variances. Safety and Health Act of 1977 (Mine
36–09963, located in Schuylkill County, [FR Doc. 2018–04992 Filed 3–12–18; 8:45 am]
Act) allows the mine operator or
Pennsylvania. representative of miners to file a
BILLING CODE 4520–43–P
Regulation Affected: 30 CFR petition to modify the application of any
75.1002(a) (Installation of electric mandatory safety standard to a coal or
equipment and conductors; DEPARTMENT OF LABOR other mine if the Secretary of Labor
permissibility). (Secretary) determines that:
• Docket Number: M–2017–001–C. Mine Safety and Health Administration 1. An alternative method of achieving
FR Notice: 82 FR 16068 (3/31/2017). the result of such standard exists which
Petitioner: Mettiki Coal WV, LLC, 293 Petitions for Modification of will at all times guarantee no less than
Table Rock Road, Oakland, Maryland Application of Existing Mandatory the same measure of protection afforded
21550. Safety Standards the miners of such mine by such
Mine: Mountain View Mine, MSHA standard; or
AGENCY: Mine Safety and Health 2. That the application of such
I.D. No. 46–09028, located in Tucker Administration, Labor.
County, West Virginia. standard to such mine will result in a
ACTION: Notice. diminution of safety to the miners in
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment). such mine.
SUMMARY: This notice is a summary of
• Docket Number: M–2017–002–C. In addition, the regulations at 30 CFR
petitions for modification submitted to
FR Notice: 82 FR 16068 (3/31/2017). 44.10 and 44.11 establish the
the Mine Safety and Health
Petitioner: Mettiki Coal WV, LLC, 293 requirements and procedures for filing
Administration (MSHA) by the parties
Table Rock Road, Oakland, Maryland petitions for modification.
listed below.
21550. II. Petitions for Modification
DATES: All comments on the petitions
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker must be received by MSHA’s Office of Docket Number: M–2018–001–C.
County, West Virginia. Standards, Regulations, and Variances Petitioner: LCT Energy, LP, 938 Mt.
Regulation Affected: 30 CFR 75.507– on or before April 12, 2018. Airy Drive, Suite 200, Johnstown,
1(a) (Electric equipment other than ADDRESSES: You may submit your Pennsylvania 15904.
power-connection points; outby the last comments, identified by ‘‘docket Mines: Maple Springs Mine, MSHA
open crosscut; return air; permissibility number’’ on the subject line, by any of I.D. No. 36–09973, Cass No. 1 Mine,
requirements). the following methods: MSHA I.D. No. 36–09974, Boone
• Docket Number: M–2017–003–C. 1. Electronic Mail: zzMSHA- Surface Mine, MSHA I.D. No. 36–10067,
FR Notice: 82 FR 16068 (3/31/2017). comments@dol.gov. Include the docket located in Somerset County,
Petitioner: Mettiki Coal WV, LLC, 293 number of the petition in the subject Pennsylvania; and Rustic Ridge Mine,
Table Rock Road, Oakland, Maryland line of the message. MSHA I.D. No. 36–10089, located in
21550. 2. Facsimile: 202–693–9441. Westmoreland County, Pennsylvania.
amozie on DSK30RV082PROD with NOTICES

Mine: Mountain View Mine, MSHA 3. Regular Mail or Hand Delivery: Regulation Affected: 30 CFR 75.500(d)
I.D. No. 46–09028, located in Tucker MSHA, Office of Standards, (Permissible electric equipment).
County, West Virginia. Regulations, and Variances, 201 12th Modification Request: The petitioner
Regulation Affected: 30 CFR Street South, Suite 4E401, Arlington, requests a modification of the existing
75.1002(a) (Installation of electric Virginia 22202–5452, Attention: Sheila standard to permit the use of battery-
equipment and conductors; McConnell, Director, Office of powered nonpermissible surveying
permissibility). Standards, Regulations, and Variances. equipment in or inby the last open

VerDate Sep<11>2014 17:47 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1
10906 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices

crosscut, including, but not limited to (f) All hand-held methane detectors of safety to the miners. Underground
portable battery-operated mine transits, will be MSHA-approved and mining by its nature, and the size and
total station surveying equipment, maintained in permissible and proper complexity of mine plans require that
distance meters, and data loggers. operating condition as defined in 30 accurate and precise measurements be
The petitioner states that: CFR 75.320. completed in a prompt and efficient
(1) To comply with requirements for (g) Batteries in the surveying manner.
mine ventilation maps and mine maps equipment will be changed out or As an alternative to the existing
in 30 CFR 75.372 and 75.1200, use of charged in fresh air outby the last open standard, the petitioner proposes the
the most practical and accurate crosscut. following:
surveying equipment is necessary. (h) Qualified personnel who use (a) Use nonpermissible electronic
(2) Application of the existing surveying equipment will be properly surveying equipment when equivalent
standard would result in a diminution trained to recognize the hazards permissible electronic surveying
of safety to the miners. Underground associated with the use of equipment is not available.
mining by its nature, and the size and nonpermissible surveying equipment in Nonpermissible equipment will include
complexity of mine plans require that areas where methane could be present. portable battery-operated total station
accurate and precise measurements be (i) The nonpermissible surveying surveying equipment, mine transits,
completed in a prompt and efficient equipment will not be put into service distance meters, and data loggers.
manner. until MSHA has inspected the (b) All nonpermissible electronic
As an alternative to the existing equipment and determined that it is in surveying equipment to be used in
standard, the petitioner proposes the compliance with all the terms and return airways will be examined by
following: conditions in this petition. surveying personnel prior to use to
(a) Use nonpermissible electronic Within 60 days after the Proposed ensure the equipment is being
surveying equipment when equivalent Decision and Order (PDO) becomes maintained in safe operating condition.
permissible electronic surveying final, the petitioner will submit These examinations will include:
equipment is not available. proposed revisions for its approved 30 (i) Checking the instrument for any
Nonpermissible equipment will include CFR part 48 training plan to the District physical damage and the integrity of the
portable battery-operated total station Manager. The revisions will specify case.
surveying equipment, mine transits, initial and refresher training regarding (ii) Removing the battery and
distance meters, and data loggers. the terms and conditions in the PDO. inspecting for corrosion.
(b) All nonpermissible electronic The petitioner asserts that the (iii) Inspecting the contact points to
surveying equipment to be used in or proposed alternative method will at all ensure a secure connection to the
inby the last open crosscut will be times guarantee no less than the same battery.
examined by surveying personnel prior measure of protection afforded by the (iv) Reinserting the battery and
to use to ensure the equipment is being existing standard. powering up and shutting down to
maintained in safe operating condition. ensure proper connections.
These examinations will include: Docket Number: M–2018–002–C. (v) Checking the battery compartment
(i) Checking the instrument for any Petitioner: LCT Energy, LP, 938 Mt. cover to ensure that it is securely
physical damage and the integrity of the Airy Drive, Suite 200, Johnstown, fastened.
case. Pennsylvania 15904. (c) The results of such examinations
(ii) Removing the battery and Mines: Maple Springs Mine, MSHA will be recorded and retained for one
inspecting for corrosion. I.D. No. 36–09973, Cass No. 1 Mine, year and made available to MSHA on
(iii) Inspecting the contact points to MSHA I.D. No. 36–09974, Boone request.
ensure a secure connection to the Surface Mine, MSHA I.D. No. 36–10067, (d) A qualified person as defined in
battery. located in Somerset County, 30 CFR 75.151 will continuously
(iv) Reinserting the battery and Pennsylvania; and Rustic Ridge Mine, monitor for methane immediately before
powering up and shutting down to MSHA I.D. No. 36–10089, located in and during the use of nonpermissible
ensure proper connections. Westmoreland County, Pennsylvania. surveying equipment in return airways.
(v) Checking the battery compartment Regulation Affected: 30 CFR 75.507– (e) Nonpermissible surveying
cover to ensure that it is securely 1(a) (Electric equipment other than equipment will not be used if methane
fastened. power-connection points; outby the last is detected in concentrations at or above
(c) The results of such examinations open crosscut; return air; permissibility one percent for the area being surveyed.
will be recorded and retained for one requirements). When methane is detected at such levels
year and made available to MSHA on Modification Request: The petitioner while the nonpermissible surveying
request. requests a modification of the existing equipment is being used, the equipment
(d) A qualified person as defined in standard to permit the use of battery- will be deenergized immediately and
30 CFR 75.151 will continuously powered nonpermissible surveying withdrawn out of the return airways.
monitor for methane immediately before equipment in return airways, including, (f) All hand-held methane detectors
and during the use of nonpermissible but not limited to portable battery- will be MSHA-approved and
surveying equipment in or inby the last operated mine transits, total station maintained in permissible and proper
open crosscut. surveying equipment, distance meters, operating condition as defined in 30
(e) Nonpermissible surveying and data loggers. CFR 75.320.
equipment will not be used if methane The petitioner states that: (g) Batteries in the surveying
amozie on DSK30RV082PROD with NOTICES

is detected in concentrations at or above (1) To comply with requirements for equipment will be changed out or
one percent for the area being surveyed. mine ventilation maps and mine maps charged in fresh air out of the return
When methane is detected at such levels in 30 CFR 75.372 and 75.1200, use of airway.
while the nonpermissible surveying the most practical and accurate (h) Qualified personnel who use
equipment is being used, the equipment surveying equipment is necessary. surveying equipment will be properly
will be deenergized immediately and (2) Application of the existing trained to recognize the hazards
withdrawn outby the last open crosscut. standard would result in a diminution associated with the use of

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10908 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices

condition, and have a qualified person measure of protection afforded by the response to this notice will not be made
as defined in 30 CFR 75.153, examine existing standard. available to the public for inspection
the equipment at intervals not to exceed and, to the extent permitted by law, will
Sheila McConnell,
7 days. The examination results will be not be released under the Freedom of
recorded in the weekly examination Director, Office of Standards, Regulations, Information Act.
and Variances.
electrical equipment book. These ADDRESSES: Objections relating to the
[FR Doc. 2018–04998 Filed 3–12–18; 8:45 am]
examinations will include: prospective license may be submitted to
BILLING CODE 4520–43–P
(i) Checking the instrument for any Patent Counsel, Office of the Chief
physical damage and the integrity of the Counsel, Mail Code CC–A, NASA John
case. F. Kennedy Space Center, Kennedy
NATIONAL AERONAUTICS AND Space Center, FL 32899. Telephone:
(ii) Removing the battery and SPACE ADMINISTRATION
inspecting for corrosion and damage. 321–867–2076; Facsimile: 321–867–
[Notice (18–021)] 1817; email: KSC-Patent-Counsel@
(iii) Inspecting the contact points to mail.nasa.gov.
ensure a secure connection to the
Notice of Intent To Grant Partially FOR FURTHER INFORMATION CONTACT:
battery.
Exclusive Patent License Jonathan Leahy, Patent Attorney, Office
(iv) Reinserting the battery and
powering up and shutting down to AGENCY: National Aeronautics and of the Chief Counsel, Mail Code CC–A,
ensure proper connections. Space Administration NASA John F. Kennedy Space Center,
Kennedy Space Center, FL 32899.
(v) Checking the battery compartment ACTION: Notice of intent to grant
Telephone: 321–867–6553; Facsimile:
cover to ensure that it is securely partially exclusive patent license.
321–867–1817.
fastened.
SUMMARY: NASA hereby gives notice of SUPPLEMENTARY INFORMATION: This
(b) A qualified person as defined in 30 its intent to grant a partially exclusive notice of intent to grant a partially
CFR 75.151 will continuously monitor patent license in the United States to exclusive patent license is issued in
for methane immediately before and practice the inventions described and accordance with 35 U.S.C. 209(e) and 37
during the use of nonpermissible claimed in U.S. Patent No. 7,285,306 CFR 404.7(a)(1)(i). The patent rights in
surveying equipment in or inby the last entitled, ‘‘Process For Self-Repair Of these inventions have been assigned to
open crosscut or in the return. Insulation Material,’’ KSC–12539; U.S. the United States of America as
(c) Nonpermissible surveying Patent No. 8,119,238 entitled, ‘‘Self- represented by the Administrator of the
equipment will not be used if methane Healing Wire Insulation,’’ KSC–12539– National Aeronautics and Space
is detected in concentrations at or above 2; and U.S. Patent Application Serial Administration. The prospective
one percent for the area being surveyed. Number 13/523,806 entitled, ‘‘Self- exclusive license will comply with the
When methane is detected at such levels Healing Polymer Materials for Wire requirements of 35 U.S.C. 209 and 37
while the nonpermissible surveying Insulation, Polyimides, Flat Surfaces, CFR 404.7.
equipment is being used, the equipment and Inflatable Structures,’’ KSC–13366, Information about other NASA
will be deenergized immediately and to Drywired, LLC, having its principal inventions available for licensing can be
withdrawn out of the return. place of business in Los Angeles, CA. found online at http://
(d) Nonpermissible surveying Drywired, LLC has requested exclusivity technology.nasa.gov.
equipment will not be used in areas for the following fields of use:
Mark P. Dvorscak,
where float coal dust is in suspension. 1. Wraps, films, and decals that can be
applied to the exterior of vehicles with Agency Counsel for Intellectual Property.
(e) Batteries contained in the [FR Doc. 2018–05054 Filed 3–12–18; 8:45 am]
surveying equipment will be changed at least four wheels;
out or charged in fresh air and not in the 2. Wraps, films, and decals that can be BILLING CODE 7510–13–P

return. applied to buildings, structures, or
permanent improvements built upon or
(f) Qualified personnel who use attached to real property; and NATIONAL AERONAUTICS AND
surveying equipment will be properly 3. Coverings and insulations for SPACE ADMINISTRATION
trained to recognize the hazards and electrical wiring and communications
limitations associated with the use of [Notice: (18–020)]
wiring in the following industries:
nonpermissible surveying equipment.
a. Mining NASA Advisory Council; Meeting
(g) The nonpermissible surveying b. Unmanned Aerial Vehicles (UAVs)
equipment will not be put into service AGENCY: National Aeronautics and
DATES: The prospective partially
until MSHA has inspected the Space Administration.
exclusive patent license may be granted
equipment and determined that it is in ACTION: Notice of meeting.
unless, NASA receives written
compliance with all the terms and
objections, including evidence and SUMMARY: In accordance with the
conditions in this petition.
argument, no later than March 28, 2018 Federal Advisory Committee Act, as
Within 60 days after the Proposed that establish that the grant of the
Decision and Order (PDO) becomes amended, the National Aeronautics and
license would not be consistent with the Space Administration (NASA)
final, the petitioner will submit requirements regarding the licensing of
proposed revisions for its approved 30 announces a meeting of the NASA
federally owned inventions as set forth Advisory Council (NAC).
CFR part 48 training plan to the District
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in the Bayh-Dole Act and implementing
Manager. The revisions will specify DATES: Wednesday, March 28, 2018,
regulations. Competing applications
initial and refresher training regarding completed and received by NASA no 1:00–5:00 p.m.; and Thursday, March
the terms and conditions in the PDO. later than March 28, 2018 will also be 29, 2018, 9:00 a.m.–4:00 p.m., Eastern
The petitioner asserts that the treated as objections to the grant of the Time.
proposed alternative method will at all contemplated partially exclusive ADDRESSES: NASA Headquarters,
times guarantee no less than the same license. Objections submitted in Program Review Center (PRC), Room

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Document Created: 2018-03-13 01:57:19
Document Modified: 2018-03-13 01:57:19
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before April 12, 2018.
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.]
FR Citation		83 FR 10905
83 FR 10905 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 83, Issue 49 (March 13, 2018)

DEPARTMENT OF LABOR
Mine Safety and Health Administration
