Notice2021-12161
Petitions for Modification of Application of Existing Mandatory Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 10, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice includes the summaries of three petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 86 Issue 110 (Thursday, June 10, 2021)</title>
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[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30984-30987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12161]
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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 includes the summaries of three petitions for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before July 12, 2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#6b11112638232a46080406060e051f182b0f0407450c041d"><span class="__cf_email__" data-cfemail="a2d8d8eff1eae38fc1cdcfcfc7ccd6d1e2c6cdce8cc5cdd4">[email protected]</span></a>. 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: Jessica D. Senk, 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: Jessica Senk, Office of Standards,
[[Page 30985]]
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#762513181d583c1305051f15173612191a58111900"><span class="__cf_email__" data-cfemail="0e5d6b606520446b7d7d676d6f4e6a616220696178">[email protected]</span></a> (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
(CFR) 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 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. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2021-022-C.
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.507-1(a), as it relates to the use of an
alternative method of respirable dust protection for miners at the
Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is
applying to use a battery powered respirable protection unit called the
CleanSpace EX Powered Respirator (CleanSpace EX) in return air outby
the last open crosscut.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years.
(c) 3M has recently faced component disruptions for the Airstream
product. 3M globally discontinued the Airstream on June 1, 2020. The
ability to order an Airstream system and components ended in February
2020. Components were available through June 2020.
(d) Currently, there are no available replacement positive pressure
air-purifying respirators (PAPRs) that meet the MSHA standard for
permissibility.
(e) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(f) Operators that were using the Airstream, do not have an
approved alternative to provide this type of protection to its miners.
(g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11
standard and can be used in hazardous locations because it meets the
intrinsic safety protection level and is acceptable in other
jurisdictions to use in mines with the potential for methane
accumulation.
(h) The CleanSpace EX is not MSHA-approved and the manufacturer is
not pursuing approval.
(i) The ANSI/UL standards for the approval of these respirators are
an accepted alternative to MSHA standards and provide the same level of
protection.
(j) The product uses a lithium polymer battery that is not
detachable from the electrical circuit. It charges as a complete unit.
(k) The CleanSpace EX allows for more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a
HEPA particulate filter for the full facemask. The product does not
impair vision or communication. The product allows for the miner to
simultaneously wear the issued hardhat with a headlamp.
(m) The CleanSpace EX uses technology placing the filter housing
and fan assembly above the shoulders to reduce ergonomic restrictions,
freeing the miner from having to wear the fan and filter unit around
the waist.
(n) There are no hose attachments to the unit, which could create
added hazards.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512 and examination results will be
recorded weekly and records will be available for examination for one
year.
(b) CleanSpace EX units will be charged outby the last open
crosscut and will utilize the manufacturer approved battery charger.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is required by the standard in the affected areas of the mine.
(d) Employees will be trained on how to properly use and take care
of the CleanSpace EX according to manufacturer guidelines.
(e) Qualified miners will receive training regarding the
information in the Decision and Order before using the equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(f) Within 60 days of the Decision and Order becoming finalized,
the petitioner will submit proposed revisions to 30 CFR 75.370, mine
ventilation, to be approved under the 30 CFR part 48 training plan by
the Coal Mine Safety and Health District Manager. The revisions will
specify initial and refresher training. When the training is conducted,
the MSHA Certificate of Training (Form 5000-23) will be completed.
Comments will be made on the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-023-C.
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.500(d), as it relates to the use of an
alternative method of respirable dust protection for miners at the
Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is
applying to use a battery powered respirable protection unit called the
CleanSpace EX Powered Respirator (CleanSpace EX) in or inby the last
open crosscut.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years.
(c) 3M has recently faced component disruptions for the Airstream
product. 3M globally discontinued the Airstream on June 1, 2020. The
ability to order an Airstream system and components
[[Page 30986]]
ended in February 2020. Components were available through June 2020.
(d) Currently, there are no available replacement positive pressure
air-purifying respirators (PAPRs) that meet the MSHA standard for
permissibility.
(e) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(f) Operators that were using the Airstream do not have an approved
alternative to provide this type of protection to its miners.
(g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11
standard and can be used in hazardous locations because it meets the
intrinsic safety protection level and is acceptable in other
jurisdictions to use in mines with the potential for methane
accumulation.
(h) The CleanSpace EX is not MSHA-approved and the manufacturer is
not pursuing approval.
(i) The ANSI/UL standards for the approval of these respirators are
an accepted alternative to MSHA standards and provide the same level of
protection.
(j) The product uses a lithium polymer battery that is not
detachable from the electrical circuit. It charges as a complete unit.
(k) The CleanSpace EX allows for more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a
HEPA particulate filter for the full facemask. The product does not
impair vision or communication. The product allows for the miner to
simultaneously wear the issued hardhat with a headlamp.
(m) The CleanSpace EX uses technology placing the filter housing
and fan assembly above the shoulders to reduce ergonomic restrictions,
freeing the miner from having to wear the fan and filter unit around
the waist.
(n) There are no hose attachments to the unit, which could create
added hazards.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512 and examination results will be
recorded weekly and records will be available for examination for one
year.
(b) CleanSpace EX units will be charged outby the last open
crosscut and will utilize the manufacturer approved battery charger.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is required by the standard in the affected areas of the mine.
(d) Employees will be trained on how to properly use and take care
of the CleanSpace EX according to manufacturer guidelines.
(e) Qualified miners will receive training regarding the
information in the Decision and Order before using the equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(f) Within 60 days of the Decision and Order becoming finalized,
the petitioner will submit proposed revisions to 30 CFR 75.370, mine
ventilation, to be approved under the 30 CFR part 48 training plan by
the Coal Mine Safety and Health District Manager. The revisions will
specify initial and refresher training. When the training is conducted,
the MSHA Certificate of Training (Form 5000-23) will be completed.
Comments will be made on the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-024-C.
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 30 CFR 75.1002(a), as it relates to the use
of an alternative method of respirable dust protection for miners at
the Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is
applying to use a battery powered respirable protection unit called the
CleanSpace EX Powered Respirator (CleanSpace EX) within 150 feet of
pillar workings and longwall faces.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years.
(c) 3M has recently faced component disruptions for the Airstream
product. 3M globally discontinued the Airstream on June 1, 2020. The
ability to order an Airstream system and components ended in February
2020. Components were available through June 2020.
(d) Currently, there are no available replacement positive pressure
air-purifying respirators (PAPRs) that meet the MSHA standard for
permissibility.
(e) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(f) Operators that were using the Airstream, do not have an
approved alternative to provide this type of protection to its miners.
(g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11
standard and can be used in hazardous locations because it meets the
intrinsic safety protection level and is acceptable in other
jurisdictions to use in mines with the potential for methane
accumulation.
(h) The CleanSpace EX is not MSHA approved and the manufacturer is
not pursuing approval.
(i) The ANSI/UL standards for the approval of these respirators are
an accepted alternative to MSHA standards and provide the same level of
protection.
(j) The product uses a lithium polymer battery that is not
detachable from the electrical circuit. It charges as a complete unit.
(k) The CleanSpace EX allows for more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a
HEPA particulate filter for the full facemask. The product does not
impair vision or communication. The product allows for the miner to
simultaneously wear the issued hardhat with a headlamp.
(m) The CleanSpace EX uses technology placing the filter housing
and fan assembly above the shoulders to reduce ergonomic restrictions,
freeing the miner from having to wear the fan and filter unit around
the waist.
(n) There are no hose attachments to the unit, which could create
added hazards.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512 and examination results will be
recorded weekly and records will be available for examination for one
year.
(b) CleanSpace EX units will be charged outby the last open
crosscut and will utilize the manufacturer approved battery charger.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is
[[Page 30987]]
required by the standard in the affected areas of the mine.
(d) Employees will be trained on how to properly use and take care
of the CleanSpace EX according to manufacturer guidelines.
(e) Qualified miners will receive training regarding the
information in the Decision and Order before using the equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(f) Within 60 days of the Decision and Order becoming finalized,
the petitioner will submit proposed revisions to 30 CFR 75.370, mine
ventilation, to be approved under the 30 CFR part 48 training plan by
the Coal Mine Safety and Health District Manager. The revisions will
specify initial and refresher training. When the training is conducted,
the MSHA Certificate of Training (Form 5000-23) will be completed.
Comments will be made on the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Jessica D. Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-12161 Filed 6-9-21; 8:45 am]
BILLING CODE 4520-43-P
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