83 FR 3027 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 14 (January 22, 2018)

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, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3027-3031]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01008]


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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 February 21, 
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-2017-030-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 alternative method of compliance to 
allow the use of nonpermissible low-voltage or battery-powered 
electronic testing or diagnostic equipment in or inby the last open 
crosscut.
    The petitioner states that:
    (1) The use of nonpermissible low-voltage or battery-powered 
electronic testing and diagnostic equipment will be limited to laptop 
computers; oscilloscopes; vibration analysis machines; cable fault 
detectors; point temperature probes; infrared temperature devices; 
voltage, current, and power measurement recorders; pressure and flow 
measurement devices; signal analyzer devices; ultrasonic thickness 
gauges; electronic tachometers; and nonpermissible surveying equipment. 
Other testing and diagnostic equipment may be used if approved in 
advance by the MSHA District Office.
    (2) Nonpermissible electronic testing and diagnostic equipment will 
be used only when equivalent permissible equipment does not exist.
    (3) All other test and diagnostic equipment used in or inby the 
last open crosscut will be permissible.
    (4) All nonpermissible electronic testing and diagnostic equipment 
used in or inby the last open crosscut will be examined by a qualified 
person, as defined in 30 CFR 75.153, prior to being used to ensure the 
equipment is being maintained in safe operating condition. These 
examinations results will be recorded in the weekly examination of 
electrical equipment book and will be made available to MSHA and the 
miners at the mine.
    (5) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in or 
inby the last open crosscut. The results of such examination(s) will be 
recorded as a special examination in the on-shift examination record 
books immediately after the shift on which the examination(s) were 
performed.
    (6) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent. When a 1.0 percent or more methane concentration is detected 
while the nonpermissible electronic equipment is being used, the 
equipment will be deenergized immediately and withdrawn to outby the 
last open crosscut.
    (7) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (8) Except for the time necessary to troubleshoot under actual 
mining conditions, coal production in the miner section will cease. 
However, coal may remain in or on the equipment in order to test and 
diagnose the equipment under ``load.''
    (9) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (10) All electronic testing and diagnostic equipment will be used 
in accordance with the manufacturer's recommended safe use practices.
    (11) Qualified personnel engaged in the use of electronic testing 
and diagnostic equipment will be properly trained to recognize the 
hazards and limitations associated with use of the electronic testing 
and diagnostic equipment.
    (12) The petitioner will notify MSHA before using nonpermissible 
electronic

[[Page 3028]]

testing and diagnostic equipment in or inby the last open crosscut. The 
notice will advise MSHA when any nonpermissible electronic testing and 
diagnostic equipment is put in service and will give MSHA the 
opportunity to inspect such equipment before being used.
    (13) 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. These 
revisions will specify initial and refresher training regarding the 
terms and conditions of the PDO.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

    Docket Number: M-2017-031-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the reduction of two mine rescue teams with 
five members and one alternate each to two mine rescue teams of three 
members each with one alternative for either team.
    The petitioner states that:
    (1) The underground mine is a small mine and there is hardly enough 
physical room to accommodate more than three or four miners in the 
working places. An attempt to utilize five or more rescue team members 
in the mine's confined working places would result in a diminution of 
safety to both the miners at the mine and members of the rescue team.
    (2) Records of Mine Emergency responses over the last 20 years 
indicate that rescue and recovery operations conducted by Anthracite 
Underground Rescue, Inc. (AUGR) have never utilized more than one team. 
In addition, when one rescue team was utilized there were no more than 
three rescue team members traveling to a working place simultaneously.
    (3) Employment in underground anthracite mines has decreased 
substantially and the ratio of mine rescue teams to underground miners 
has correspondingly been reduced. The loss of the underground work 
force dramatically reduces the pool of qualified people available to 
fill mine rescue positions.
    (4) Pennsylvania Deep Mine Safety presently has four deep mine 
inspectors that have deep mine rescue training and are pledged to 
assist if required in an emergency. In addition, the surrounding small 
mines have always provided assistance during mine emergencies.
    The petitioner asserts that the proposed alternative method will 
provide the same measure of protection afforded the miners under the 
existing standard.

    Docket Number: M-2017-032-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 49.6(a)(1) and (a)(5) (Equipment 
maintenance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the reduction of twelve self-contained 
oxygen breathing apparatus, to eight self-contained apparatus and the 
reduction of twelve permissible cap lamps and charging rack to eight 
permissible cap lamps and charging rack.
    The petitioner states that:
    (1) A petition for modification of 30 CFR 49.2(b) allowing the 
reduction of two rescue teams with five members and one alternate each 
to two rescue teams of three members each with one alternate has been 
granted to all operating anthracite coal mines.
    (2) Eight self-contained breathing apparatus and eight permissible 
cap lamps are sufficient to supply the seven members of the rescue 
team.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the existing standard.

    Docket Number: M-2017-033-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.311(b)(2) and (b)(3) (Main mine fan 
operation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the electrical circuits entering the 
underground mine to remain energized to the mine's pumps, while the 
main fan has been shut down during idle shifts when no miners are 
working underground.
    The petitioner states that:
    (1) The mine requires pumping water from the sump area of the 
intake haulage slope below the active gangway level workings 
intermittently and for different periods of time on a daily basis. 
During the wet season from late winter to early summer, the pumps are 
often required to operate for extended periods of time to keep the mine 
from flooding.
    (2) Most anthracite mines work only one shift per day, 5-6 days per 
week during the colder months when coal sales are greatest, and may 
only work 2-3 days per week during the warmer months because of lower 
coal sales.
    (3) The vast majority of underground anthracite mines are small, 
employ 5 or less miners underground, have very low daily coal 
production of less than 25 tons, and have never encountered a 
measurable quantity of methane during the life of the mine.
    (4) Methane liberation in the few underground mines with a history 
of liberation occurs only when coal is shot from the solid and is 
dissipated by face ventilation shortly thereafter.
    (5) Underground anthracite miners are significantly affected by 
natural ventilation that continues after the mine fan has been 
intentionally stopped during idle periods.
    (6) Accumulations of methane, in those underground mines with a 
history of liberation, are historically found in chutes and breasts 
(entries driven up the pitch) and are not yet connected to the adjacent 
return entry. These entries are not affected by the natural ventilation 
air currents.
    (7) The primary method of face ventilation utilized in underground 
anthracite mines is compressed air movers with approved tubing in the 
working place. They are shut off prior to the miners exiting the mine 
at the end of the shift and prior to the stoppage of the main fan for 
the idle shifts. Therefore, potential accumulation of methane in the 
working face is unlikely to be affected by natural ventilation 
currents.
    (8) The mine's pumping system typically consists of a submersible 
pump located below the water level in the sump and a centrifugal pump 
located in the intake haulage slope above the active gangway level. The 
pumps are started and shut off by a set of switches or electrodes 
located in the sump. The switch/electrode located at the highest 
elevation in the sump will start the pumps when the water depth 
increases to a pre-determined level to protect the active gangway level 
from flooding. The pumps will continue to operate until the water level 
depth decreases to the elevation of the lower switch/electrode.

[[Page 3029]]

    (9) Compliance with 30 CFR 75.311 through the continuous operation 
of the main mine fan when pumps are energized would result in a 
diminution of safety to the miners. During the colder months, the wet 
conditions present in the intake haulage slope will result in freezing 
and accumulations of ice creating a hazard to the miners riding the 
slope conveyance and to those miners who must manually chip away the 
ice in the pitching slope thereby increasing a fall hazard. The amount 
of ice accumulations during a single shift of production is usually 
minimal and can be melted during the idle shifts, with the main fan 
off, as the natural ventilating air current is warmed by the higher 
underground temperatures and carried through slope.
    (10) The mine operator proposes to initiate the following 
alternatives to ensure the safety of the miners:
    (a) The examiner will determine whether the pumps are operating and 
if the natural ventilation air current is moving in the proper 
direction prior to energizing the main mine fan and before starting the 
required pre-shift examination.
    (b) In the cases where the pumps are not operating when the 
examiner arrives, the examiner will deenergize the pump circuits before 
starting the main mine fan and will allow the fan to operate for 30 
minutes prior to entering the mine to conduct the pre-shift 
examination.
    (c) During the pre-shift examination, when no accumulation of 
methane is found in the vicinity of the pumps, the pump circuits may be 
energized before the miners travel underground.
    (d) In those cases where the pumps are found to be already in 
operation because of high water levels and when the natural ventilating 
currents are moving in the proper direction, the main mine fan will be 
started and run for 30 minutes before entering the mine to conduct a 
pre-shift examination. Examination of the mine pump installation will 
be completed prior to entering the active gangway level working and 
before continuing the pre-shift examination.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2017-034-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Seal strengths, design 
applications, and installation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit alternative methods of construction 
employing wooden material of moderate size and weight due to the 
difficulty in accessing previously driven headings and breasts 
containing the inaccessible abandoned workings through the use of 
homemade ladders. Additionally, a design criterion in the 10-psi range 
should be accepted due to the non-explosibility of anthracite coal dust 
and minimal potential for either an accumulation of methane in 
previously mined pitching veins or an ignition source in the gob area, 
and that seals installed in pairs permit the water trap to be installed 
only in the gangway seal (lowest elevation) and sampling tube in the 
monkey (higher elevation) seal.
    The petitioner states that:
    (1) The required transportation of solid concrete blocks or 
equivalent materials manually on ladders on pitching anthracite veins 
will expose miners to greater hazards such as falling, being struck by 
falling materials, or resulting strains or sprains due to the weight of 
the materials.
    (2) No evidence of ignition in accessible abandoned anthracite 
workings has been found to date.
    (3) In veins pitching greater than 45 degrees, the weight of the 
seal is transferred to the low side rib (coal).
    (4) Irregularly shaped anthracite openings would require 
substantial cutting of rectangular blocks to ensure proper tie-in to 
hitches in the top rock, bottom rock, and low side coal rib.
    (5) Concrete block and mortar construction for openings parallel to 
the pitching vein would be almost impossible to construct and subject 
to failure by its own weight.
    (6) Isolation of inaccessible abandoned workings from an active 
section will permit natural venting of any potential methane build-up 
through surface breeches, and the mine has not experienced measurable 
liberation of methane to-date.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2017-035-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
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 nonpermissible electric 
equipment within 150 feet of the pillar line to include drags and 
battery locomotives due in part to the method of mining used in 
pitching anthracite mines and the alternative hourly evaluation of the 
mine air quality for methane during operation with one of the gas test 
results to be recorded in the on-shift examination record. Petitioner 
also proposes to suspend equipment operation anytime methane 
concentration at the equipment reaches 0.5 percent either during 
operation or when found during a pre-shift examination.
    The petitioner states that:
    (1) The equipment will be operated in the working section's only 
intake entry (gangway) which is regularly traveled and examined.
    (2) The use of drags on less than moderate pitching veins (less 
than 20 degrees pitch) is the only practical system of mining in use.
    (3) Permissible drags are not commercially available and, due in 
part to their small size, permissible locomotives are not commercially 
available.
    (4) As result of low daily production rates and full timbering 
support, in-rushes of methane due to massive pillar falls are unlikely 
to occur.
    (5) Recovery of the pillars above the first miner heading is 
usually accomplished on the advance within 150 feet of the section 
intake (gangway) and the remaining minable pillars recovered from the 
deepest point of penetration outby.
    (6) The 5,000 cfm of required intake air flow is measured just 
outby the nonpermissible equipment with the ventilating air passing 
over the equipment to ventilate the pillar being mined.
    (7) The nonpermissible electrical equipment is attended during 
operation and either power to the unit will be deenergized at the 
intersection of the working gangway and intake slope or the equipment 
will be moved to that area when production ceases, thereby, minimizing 
any ignition potential from the pillar recovery area.
    (8) Where more than one active line of pillar breast recovery 
exists, the locomotive may travel to a point just outby the deepest 
active chute/breast (room) workings or last open crosscut in a 
developing set of entries.

[[Page 3030]]

    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2017-037-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) and (i) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the substitution of cross-sections in lieu 
of contour lines through the intake slope, at locations of rock tunnel 
connections between veins, and at 1,000 feet intervals of advance from 
the intake slope and to limit the required mapping of mine workings 
above and below to those present within 100 feet of the vein(s) being 
mined unless these veins are interconnected to other veins beyond the 
100 feet limit, through rock tunnels.
    The petitioner states that:
    (1) Due to steep pitch encountered in mining anthracite coal veins, 
contours provide no useful information and their presence would make 
portions of the map illegible.
    (2) The vast majority of current underground anthracite mining 
involves either second mining of remnant pillars from previous mining/
mine operators or the mining of veins of lower quality in proximity to 
inaccessible and frequently flooded abandoned mine workings which may 
or may not be mapped.
    (3) All mapping for mines above and below will be researched by a 
contract engineer for the presence of interconnecting rock tunnels 
between veins in relation to the mine and a hazard analysis done when 
mapping indicates the presence of known or potentially flooded 
workings.
    (4) Mine workings found to exist beyond 100 feet from the mine, 
when no rock tunnel connections are found, will be recognized as 
presenting no hazard to the mine due to the pitch of the vein and rock 
separation between.
    (5) Additionally, the mine workings above and below are usually 
inactive and abandoned and therefore, not subject to changes during the 
life of the mine.
    (6) Where evidence indicates prior mining was conducted on a vein 
above or below and research exhausts the availability of mine mapping, 
the vein will be considered to be mined and flooded and appropriate 
precautions taken, as required by 30 CFR 75.388, where possible.
    (7) Where potential hazards exist and in-mine drilling capabilities 
limit penetration, surface boreholes may be used to intercept the 
workings and results analyzed prior to the beginning of mining in the 
affected area.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2017-038-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202-1(a) (Temporary notations, 
revisions and supplements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the required interval of survey to be on an 
annual basis from the initial survey in lieu of the current interval of 
not more than 6 months.
    The petitioner proposes to continue to update the mine map by hand 
notations on a daily basis and conduct subsequent surveys prior to 
commencing retreat mining, and when either a drilling program is 
required by 30 CFR 75.388 or a plan for mining into inaccessible areas 
is required by 30 CFR 75.389.
    The petitioner states that:
    (1) The low production and slow rate of advance in anthracite 
mining make surveying on 6-month intervals impractical. The mine 
operates using non-mechanized, hand-loading mining methods. In most 
cases, annual development is frequently limited to less than 500 feet 
of gangway advance with associated up-pitch development.
    (2) Development above the active gangway is designed to mine into 
the level above at designated intervals thereby maintaining sufficient 
control between both surveyed gangways.
    (3) The available engineering/surveyor resources are limited in the 
anthracite coal fields. Surveying on an annual basis is difficult to 
achieve with four individual contractors currently available.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2017-039-C.
    Petitioner: M & D Anthracite Coal Company, 2030 East Center Street, 
Tremont, Pennsylvania 17981.
    Mine: Slope #1 Mine, MSHA I.D. No. 36-09976, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400(c) (Hoisting equipment; 
general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the gunboat to transport persons without 
safety catches or other no less effective devices because to date, no 
such safety catch or device is available for steeply pitching and 
undulating slopes with numerous curves and knuckles present in the main 
haulage slopes of Anthracite mines, that range in length from 30 to 
4200 feet and vary in pitch from 12 degrees and 75 degrees.
    The petitioner states that:
    (1) A functional safety catch has not been developed. Makeshift 
devices, if installed, could be activated on knuckles and curves when 
no emergency exists causing a tumbling effect on the conveyance which 
would increase rather than decrease the hazard to miners.
    (2) As an alternative, the petitioner proposes to operate the man 
cage or steel gunboat with secondary safety connections securely 
fastened around the gunboat and to the hoisting rope above the main 
connecting device and use hoisting ropes having a factor of safety in 
excess of the 4 to 8 to 1 as suggested in the American Standards 
Specifications for Use of Wire Ropes for Mines.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2017-040-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Hwy. 133, Somerset, CO 
81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard that requires at least one entry of each return air 
course to be traveled and examined in its entirety at least every 7 
days by a certified person. The petitioner proposes to establish 
multiple inlet and outlet evaluation points to measure and evaluate at 
least every 7 days the air quality, air quantity, and air direction of 
all air entering and leaving the Sly Gulch South Mains Return in lieu 
of traveling one of the affected entries. The petitioner states that:
    (1) Multiple roof falls and floor heave within the proposed 
evaluation area limits the entries that can be traveled by the weekly 
examiner. Some of the

[[Page 3031]]

traveled entries require the weekly examiner to crawl on his hands and 
knees, preventing quick egress if necessary.
    (2) All air entering and leaving the affected area can be measured 
and evaluated safely from the proposed inlet and outlet evaluation 
points shown on the drawing attached to this petition. Access to the 
proposed inlet and outlet evaluation points is not hindered by roof 
falls or excessive floor heave, allowing quick egress if necessary.
    (3) There are no seals or electrical installations within the 
proposed evaluation area that must be examined.
    (4) In lieu of traveling one of the return entries in the proposed 
evaluation area, at least every 7 days, a certified person will:
    (a) Measure the air quantity at each inlet and outlet evaluation 
point. If the combined air quantity at the outlet evaluation points 
differs by more than 20 percent from the combined air quantity at the 
inlet evaluation points, ventilation controls surrounding the affected 
area will be examined from the outby side and corrective measures will 
be implemented to repair the affected ventilation controls to restore 
the differential air quantities to within 20 percent.
    (b) Measure the air quality at each inlet and outlet evaluation 
point. Both the methane and oxygen concentrations will be measured. 
Methane concentrations at the inlet and outlet evaluation points will 
be a minimum of 19.5 percent.
    (c) Verify the proper air direction as indicated on the drawing at 
each inlet and outlet evaluation point.
    (d) Record the air quantity, air quality, and a notation of proper 
air direction at each inlet and outlet evaluation point in the weekly 
examination book.
    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 and that traveling one of the 
affected entries results in a diminution of safety.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-01008 Filed 1-19-18; 8:45 am]
 BILLING CODE 4520-43-P