Notice2021-12608
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 16, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice includes the summaries of two petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 114 (Wednesday, June 16, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Notices]
[Pages 32065-32067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12608]
-----------------------------------------------------------------------
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 includes the summaries of two 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 16, 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#90eaeaddc3d8d1bdf3fffdfdf5fee4e3d0f4fffcbef7ffe6"><span class="__cf_email__" data-cfemail="9fe5e5d2ccd7deb2fcf0f2f2faf1ebecdffbf0f3b1f8f0e9">[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 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.
[[Page 32066]]
FOR FURTHER INFORMATION CONTACT: Jessica Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#c390a6ada8ed89a6b0b0aaa0a283a7acafeda4acb5"><span class="__cf_email__" data-cfemail="663503080d482c0315150f05072602090a48010910">[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-2021-002-M.
Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green
River, Wyoming (Zip 82935).
Mine: Tata Chemicals Mine, MSHA ID No. 4800155, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
mines)).
Modification Request: The petitioner requests a modification of the
existing standard, to permit an alternative method of compliance for
the respiratory protection of miners. The petitioner proposes to use a
non-MSHA approved, intrinsically safe air purifying respirator (PAPR)
product called a 3M Versaflo TR-800 (TR-800) under normal mining
conditions in or beyond the last open crosscut, and where methane may
enter the air current.
The petitioner states that:
(a) The TR-800 PAPR respirator will offer miners the best
respiratory protection possible from exposure to nuisance dust and
incorporate the latest available technology in respiratory protection.
(b) Tata's safety department has spent time researching available
PAPRs and have found only two respirators with MSHA approval. One, the
3M Airstream model has been discontinued by the manufacturer, and the
other, the Kasco K80 ET8 can create problems with communication.
Specifically, miners depend highly on communication and their ability
to see, and the Kasco K80 ET8 can cause communication problems due to
the hood being too large requiring removal by miners to hear or speak.
In addition, the hood is so large a miner's peripheral vision may be
impaired.
(c) The TR-800 provides a level of respiratory protection and
safety equal to the 3M Airstream. This unit provides an alternative
means of respiratory protection for different tasks which miners are
required to perform and affords Tata an additional option to provide
respiratory protection for employees.
(d) The TR-800 unit is designed and approved under the following
standards for the United States and Canada: Underwriter Laboratories
(UL) UL913; UL 60079-0; UL 60079-11; UL 62133 (Battery Pack); UL marked
for intrinsic safety when used with the battery, Canada/Canadian
Standards Association (CAN/CSA) CAN/CSA C22.2 No. 60079-0; CAN/CSA
C22.2 No. 60079-11; and CAN/CSA-E62133.
(e) The TR-800 keeps the air flowing--a multi-speed blower
functions up to 16,000 feet and battery offers long run time, less
charge time and, ultimately, reduced down time.
(f) The TR-800 utilizes cartridges to help protect against certain
gas and vapors, combined with filters for protection against
particulates.
(g) The TR-800 PAPR respirator allows the operator to wear the 3M
TR-800 unit without using his/her issued hardhat.
(h) The TR-800 unit can be easily disassembled and cleaned.
The petitioner proposes the following alternative method:
(a) While not in operation, the TR-800 units will be charged out-by
the last open crosscut utilizing the manufacturer's approved battery
charger.
(b) Affected mine employees will be trained in the proper use and
care of the TR-800 PAPR unit in accordance with established
manufacturer guidelines. Task training and annual refresher training
will be documented using MSHA form 5000-23.
(c) If 1.0 percent or more methane is detected, the procedures in
30 CFR part 57.22234 will be followed.
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-2021-003-M.
Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green
River, Wyoming (Zip 82935).
Mine: Tata Chemicals Mine, MSHA ID No. 4800155, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
mines)).
Modification Request: The petitioner requests a modification of the
existing standard, to permit an alternative method of compliance for
the respiratory protection of miners. The petitioner proposes to use a
non-MSHA approved, intrinsically safe air purifying respirator (PAPR)
product called a CleanSpace EX under normal mining conditions in or
beyond the last open crosscut and where methane may enter the air
current.
The petitioner states that:
(a) The CleanSpace EX PAPR respirator will offer miners the best
respiratory protection possible from exposure to nuisance dust and
incorporate the latest available technology in respiratory protection.
(b) Tata's safety department has spent time researching available
PAPRs and have found only two respirators with MSHA approval. One, the
3M Airstream model has been discontinued by the manufacturer, and the
other, the Kasco K80 ET8 can create problems with communication.
Specifically, miners depend highly on communication and their ability
to see, and the Kasco K80 ET8 can cause communication problems due to
the hood being too large requiring removal by miners to hear or speak.
In addition, the hood is so large a miner's peripheral vision may be
impaired.
(c) The CleanSpace EX provides a level of respiratory protection
and safety equal to the 3M TR-800 with additional enhancements to meet
the needs of the miners. This unit provides an alternative means of
respiratory protection for different tasks which miners are required to
perform and affords Tata an additional option to provide respiratory
protection for employees.
(d) The CleanSpace EX unit is certified by Underwriter Laboratories
(UL) under the American National Standards Institute/UL 60079-11
standard. Per this certification, the CleanSpace EX unit is specialized
to be used in hazardous locations; has met the most onerous level of
intrinsic safety protection: and the level of protection is acceptable
for use in mines susceptible to firedamp.
(e) The CleanSpace EX incorporates a lithium polymer battery that
does not detach from the electrical circuit and
[[Page 32067]]
charges as a complete unit. It has an 8-hour continual use with a rapid
2 hour re-charge.
(f) The CleanSpace EX unit provides a NIOSH approved high capacity,
high efficiency (HEPA) particulate/vapor filter for the half mask and a
NIOSH approved HEPA particulate filter for the full facemask.
(g) NIOSH has approved the half mask or the full-face mask. The
CleanSpace EX does not restrict the vision or impair communication of
the user.
(h) The CleanSpace EX allows the operator to wear his issued
hardhat with miner's headlamp.
(i) The CleanSpace EX incorporates technology which places the
filter housing and fan assembly above the shoulders. This design
addresses several ergonomic restrictions. The unit frees the operator
of having to wear the fan and filter assembly around their waist.
Furthermore, there is not a hose attached to the filter/battery
assembly which could create additional potential hazards.
(j) The CleanSpace EX also affords Tata Chemicals the ability to
quantitatively fit test employees.
(k) The CleanSpace EX respirator provides a level of comfort beyond
additional PAPR units when operating mining equipment due to limited
space and mobility in the operator's cab.
(l) The CleanSpace EX unit can be easily disassembled and cleaned.
The petitioner proposes the following alternative method:
(a) While not in operation, the CleanSpace EX units will be charged
out-by the last open crosscut utilizing the manufacturer's approved
battery charger.
(b) Affected mine employees will be trained in the proper use and
care of the CleanSpace EX PAPR unit in accordance with established
manufacturer guidelines. Task training and annual refresher training
will be documented using MSHA form 5000-23.
(c) If 1.0 percent or more methane is detected, the procedures in
30 CFR part 57.22234 will be followed.
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 Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-12608 Filed 6-15-21; 8:45 am]
BILLING CODE 4520-43-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 16, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.