Notice2022-25871
Petition 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
November 28, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition 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 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Page 73046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25871]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition 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 a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before December 28,
2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0063 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2022-063.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#8dfde8f9e4f9e4e2e3eee2e0e0e8e3f9fecde9e2e1a3eae2fb"><span class="__cf_email__" data-cfemail="ed9d889984998482838e8280808883999ead898281c38a829b">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, 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. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#ecbc899885988583829f8a839e818388858a858f8d98858382ac888380c28b839a"><span class="__cf_email__" data-cfemail="7a2a1f0e130e131514091c150817151e131c13191b0e1315143a1e1516541d150c">[email protected]</span></a> (email), or 202-693-9441 (fax). [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. Petition for Modification
Docket Number: M-2022-028-C
Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine
Road, Adger, Alabama, 35006.
Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.500(d) to permit the use of the CleanSpace EX Powered
Respirator, an intrinsically safe Powered Air Purifying Respirator
(PAPR), inby the last open crosscut as an alternative method for
respirable dust protection.
The petitioner states that:
(a) Oak Grove Mine previously used the 3M airstream helmets to
provide miners respirable dust protection on the longwall faces. 3M has
discontinued the Airstream helmet and there are no other MSHA approved
PAPRs available.
(b) The CleanSpace EX 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 and is acceptable in other
jurisdictions for use in mines with the potential for methane
accumulation.
(c) The CleanSpace EX Power Unit, manufactured by CleanSpace, has
been determined to be intrinsically safe under IECEx and other
countries' standards. CleanSpace is not pursuing MSHA approval.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person in accordance with 30 CFR 75.512-2. Examination results will be
recorded weekly and may be expunged after 1 year.
(b) The petitioner will comply with 30 CFR 75.323.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is required in the affected area of the mine.
(d) When not in operation, batteries for the PAPR will be charged
on the surface or underground in intake air and not inby the last open
crosscut.
(e) The following battery charging products will be used: PAF-0066
and PAF-1100.
(f) Qualified miners will receive training regarding how to safely
use, care for, and inspect the PAPR and on the Decision and Order
before using equipment in the relevant part of the mine. A record of
the training will be kept and made available upon request.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-25871 Filed 11-25-22; 8:45 am]
BILLING CODE 4520-43-P
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