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Notice2021-17553

Petitions for Modification of Application of Existing Mandatory Safety Standards

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Published
August 17, 2021

Issuing agencies

Labor DepartmentMine Safety and Health Administration

Abstract

This notice is a summary 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 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 46021-46023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17553]


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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 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 September 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#6b11112638232a46080406060e051f182b0f0407450c041d"><span class="__cf_email__" data-cfemail="dea4a4938d969ff3bdb1b3b3bbb0aaad9ebab1b2f0b9b1a8">[email&#160;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: 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 D. Senk, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
<a href="/cdn-cgi/l/email-protection#164573787d385c7365657f75775672797a38717960"><span class="__cf_email__" data-cfemail="c497a1aaafea8ea1b7b7ada7a584a0aba8eaa3abb2">[email&#160;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-2021-027-C.
    Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East 
Carbon, Utah (ZIP 84520).
    Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than

[[Page 46022]]

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 Lila 
Canyon Mine in Utah. Specifically, the petitioner is applying to use 
the battery-powered CleanSpace EX and 3M Versaflo TR-800 powered air 
purifying respirators (PAPRs) in return air outby the last open 
crosscut.
    The petitioner states that:
    (a) The 3M Airstream Mining Headgear-Mounted model PAPR provides a 
constant flow of filtered air which results in a reduction of the 
miners' exposure to respirable dust, thus reducing their health risks.
    (b) With discontinuance of the MSHA-approved 3M Airstream Mining 
Headgear-Mounted model PAPR, there are no other MSHA-approved PAPRs 
available.
    (c) The use of the CleanSpace EX and 3M Versaflo TR-800 PAPRs will 
provide miners in MMU 004-0 with a constant flow of filtered air which 
results in a reduction of the miners' exposure to respirable dust, thus 
reducing their health risks.
    (d) The use of the CleanSpace EX and 3M Versaflo TR-800 PAPRs will 
protect miners from respirable dust when working in return air outby 
the last open crosscut performing maintenance such as, but not limited 
to, un-plugging dust lines, timbering, or maintaining pumps.
    (e) The CleanSpace EX--full or half mask PAPR is intrinsically safe 
and is certified by UL under the ANSI/UL 60079-11 standard to be used 
in hazardous locations because it meets the intrinsic safety protection 
level. The unit is acceptable in other jurisdictions for use in mines 
with the potential for methane accumulation. The CleanSpace EX PAPR is 
an air filtering, fan assisted positive pressure mask which is used in 
different applications, including high dust environments. The 
CleanSpace EX PAPR is lightweight and compact and requires no hoses, 
cables, or belt-mounted battery packs. It requires few replacement 
parts and no servicing or maintenance. It is compatible with personal 
protective equipment.
    (f) The 3M Versaflo TR-800 PAPR is intrinsically safe and is 
certified by UL under the ANSI/UL 60079-11 standard to be used in 
hazardous locations. This unit is acceptable in other jurisdictions for 
use in mines with the potential for methane accumulation. The 3M 
Versaflo TR-800 is ergonomically designed for greater movement in tight 
work spaces. It helps protect against certain airborne contaminates and 
has a multi-speed blower. The PAPR is easy to use and maintain and has 
audible and visual alarms. The 3M Versaflo TR-800 battery offers a long 
run time and charges quickly. The unit has interchangeable components 
which will enable the petitioner to customize the PAPR system to help 
meet the needs of their specific applications.
    The petitioner proposes the following alternative method:
    (a) The petitioner will use the CleanSpace EX and 3M Versaflo TR-
800 PAPRs in return air outby the last open crosscut to protect miners 
from exposure to respirable dust.
    (b) The batteries for the PAPRs will be charged outby the last open 
crosscut when not in operation.
    (c) The 3M Versaflo TR-800 batteries will be charged by the 3M 
battery Charger TR-641N or the 3M 4-Station battery charger TR-644N.
    (d) The 3M Versaflo TR-800 PAPR will only use the 3M TR-830 battery 
pack.
    (e) Affected miners will be trained in the proper use and care of 
the PAPR units in accordance with manufacturers' instructions.
    (f) The PAPRs will be checked for physical damage and the integrity 
of the case.
    (g) If methane is detected in concentrations of 1.0 percent or 
more, procedures in accordance with 30 CFR 75.323 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-2021-028-C.
    Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East 
Carbon, Utah (ZIP 84520).
    Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.1002(a), as it relates to the use of an 
alternative method of respirable dust protection for miners at the Lila 
Canyon mine in Utah. Specifically, the petitioner is applying to 
utilize the battery-powered CleanSpace EX and 3M Versaflo TR-800 PAPRs 
within 150 feet of pillar workings or the longwall face.
    The petitioner states that:
    (a) The 3M Airstream Mining Headgear-Mounted model PAPR provides a 
constant flow of filtered air which results in a reduction of the 
miners' exposure to respirable dust, thus reducing their health risks.
    (b) With discontinuance of the MSHA-approved 3M Airstream Mining 
Headgear-Mounted model PAPR, there are no other MSHA-approved PAPRs 
available.
    (c) The use of the CleanSpace EX and 3M Versaflo TR-800 PAPRs will 
provide miners in MMU 004-0 with constant flow of filtered air which 
results in a reduction of miners' exposure to respirable dust, thus 
reducing their health risks.
    (d) The use of the CleanSpace EX and 3M Versaflo TR-800 PAPRs will 
protect miners from respirable dust when working within 150 feet of 
pillar workings, the longwall face, and the section faces.
    (e) The CleanSpace EX--full or half mask PAPR is intrinsically safe 
and is certified by UL under the ANSI/UL 60079-11 standard to be used 
in hazardous locations because it meets the intrinsic safety protection 
level. The unit is acceptable in other jurisdictions for use in mines 
with the potential for methane accumulation. The CleanSpace EX PAPR is 
an air filtering, fan assisted positive pressure mask which is used in 
different applications, including high dust environments. The 
CleanSpace EX PAPR is lightweight and compact and requires no hoses, 
cables, or belt-mounted battery packs. It requires few replacement 
parts and no servicing or maintenance. It is compatible with personal 
protective equipment.
    (f) The 3M Versaflo TR-800 PAPR is intrinsically safe and is 
certified by UL under the ANSI/UL 60079-11 standard to be used in 
hazardous locations. This unit is acceptable in other jurisdictions for 
use in mines with the potential for methane accumulation. The 3M 
Versaflo TR-800 is ergonomically designed for greater movement in tight 
work spaces. It helps protect against certain airborne contaminates and 
has a multi-speed blower. The PAPR is easy to use and maintain and has 
audible and visual alarms. The 3M Versaflo TR-800 battery offers a long 
run time and charges quickly. The unit has interchangeable components 
which will enable the petitioner to customize the PAPR system to help 
meet the needs of their specific applications.
    The petitioner proposes the following alternative method:
    (a) The petitioner will use the CleanSpace EX and 3M Versaflo TR-
800 PAPRs to protect miners from exposure to respirable dust.
    (b) The batteries for the PAPRs will be charged outby the last open 
crosscut when not in operation.

[[Page 46023]]

    (c) The 3M Versaflo TR-800 batteries will be charged by the 3M 
battery Charger TR-641N or the 3M 4-Station battery charger TR-644N.
    (d) The 3M Versaflo TR-800 PAPR will only use the 3M TR-830 battery 
pack.
    (e) Affected miners will be trained in the proper use and care of 
the PAPR units in accordance with manufacturers' instructions.
    (f) The PAPRs will be checked for physical damage and the integrity 
of the case.
    (g) If methane is detected in concentrations of 1.0 percent or 
more, procedures in accordance with 30 CFR 75.323 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-2021-029-C.
    Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East 
Carbon, Utah (ZIP 84520).
    Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon 
County, Utah.
    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 at the Lila Canyon 
Mine in Utah. Specifically, the petitioner is applying to utilize the 
battery-powered CleanSpace EX and 3M Versaflo TR-800 PAPRs inby the 
last open crosscut.
    The petitioner states that:
    (a) The 3M Airstream Mining Headgear-Mounted model PAPR provides a 
constant flow of filtered air which results in a reduction of the 
miners' exposure to respirable dust, thus reducing their health risks.
    (b) With discontinuance of the MSHA-approved 3M Airstream Mining 
Headgear-Mounted model PAPR, there are no other MSHA-approved PAPRs 
available.
    (c) The use of the CleanSpace EX and 3M Versaflo TR-800 PAPRs will 
provide miners in MMU 004-0 with constant flow of filtered air which 
results in a reduction of miners' exposure to respirable dust, thus 
reducing their health risks.
    (d) The use of the CleanSpace EX and 3M Versaflo TR-800 PAPRs will 
protect miners from respirable dust when working inby the last open 
crosscut.
    (e) The CleanSpace EX--full or half mask PAPR is intrinsically safe 
and is certified by UL under the ANSI/UL 60079-11 standard to be used 
in hazardous locations because it meets the intrinsic safety protection 
level. The unit is acceptable in other jurisdictions for use in mines 
with the potential for methane accumulation. The CleanSpace EX PAPR is 
an air filtering, fan assisted positive pressure mask which is used in 
different applications, including high dust environments. The 
CleanSpace EX PAPR is lightweight and compact and requires no hoses, 
cables, or belt-mounted battery packs. It requires few replacement 
parts and no servicing or maintenance. It is compatible with personal 
protective equipment.
    (f) The 3M Versaflo TR-800 PAPR is intrinsically safe and is 
certified by UL under the ANSI/UL 60079-11 standard to be used in 
hazardous locations. This unit is acceptable in other jurisdictions for 
use in mines with the potential for methane accumulation. The 3M 
Versaflo TR-800 is ergonomically designed for greater movement in tight 
work spaces. It helps protect against certain airborne contaminates and 
has a multi-speed blower. The PAPR is easy to use and maintain and has 
audible and visual alarms. The 3M Versaflo TR-800 battery offers a long 
run time and charges quickly. The unit has interchangeable components 
which will enable the petitioner to customize the PAPR system to help 
meet the needs of their specific applications.
    The petitioner proposes the following alternative method:
    (a) The petitioner will use the CleanSpace EX and 3M Versaflo TR-
800 PAPRs to protect miners from exposure to respirable dust.
    (b) The batteries for the PAPRs will be charged outby the last open 
crosscut when not in operation.
    (c) The 3M Versaflo TR-800 batteries will be charged by the 3M 
battery Charger TR-641N or the 3M 4-Station battery charger TR-644N.
    (d) The 3M Versaflo TR-800 PAPR will only use the 3M TR-830 battery 
pack.
    (e) Affected miners will be trained in the proper use and care of 
the PAPR units in accordance with manufacturers' instructions.
    (f) The PAPRs will be checked for physical damage and the integrity 
of the case.
    (g) If methane is detected in concentrations of 1.0 percent or 
more, procedures in accordance with 30 CFR 75.323 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. 2021-17553 Filed 8-16-21; 8:45 am]
BILLING CODE 4520-43-P


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