Notice2023-02271
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
February 3, 2023
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 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7466-7467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02271]
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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 March 6, 2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0006 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-2023-0006.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#dbabbeafb2afb2b4b5b8b4b6b6beb5afa89bbfb4b7f5bcb4ad"><span class="__cf_email__" data-cfemail="eb9b8e9f829f828485888486868e859f98ab8f8487c58c849d">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th
[[Page 7467]]
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#feae9b8a978a9791908d98918c93919a9798979d9f8a979190be9a9192d0999188"><span class="__cf_email__" data-cfemail="e8b88d9c819c8187869b8e879a85878c818e818b899c818786a88c8784c68f879e">[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, 30 CFR 44.10 and 44.11 establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M-2022-039-C
Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn,
West Virginia 25632.
Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan
County, West Virginia
Lower War Eagle, MSHA ID No. 46-09319, located in Wyoming County,
West Virginia
Muddy Bridge, MSHA ID No. 46-09514, located in Logan County, West
Virginia
North Fork Winifrede Deep, MSHA ID No. 46-09583, located in Logan
County, West Virginia
Powellton #1 Mine, MSHA ID No. 46-09217, located in Logan County,
West Virginia
Toney Fork Surface Mine, MSHA ID No. 46-09101, located in Logan
County, West Virginia
Elklick Surface, MSHA ID No. 46-09564, located in Logan County,
West Virginia
Saunders Preparation Plant, MSHA ID No. 46-02140, located in Logan
County, West Virginia
Elk Lick Tipple, MSHA ID No. 46-04315, located in Logan County,
West 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 30
CFR 75.507-1(a) to permit the use of the CleanSpace EX Powered
Respirator, a nonpermissible battery powered air-purifying respirator
(PAPR), in return airway.
The petitioner states that:
(a) Currently, there are no PAPRs that are approved by MSHA as
permissible. PAPRs provide a constant flow of filtered air and offer
respiratory protection and comfort in hot working environments.
(b) The CleanSpace EX Powered Respirator (CleanSpace EX) is UL
certified to the ANSI/UL 60079-11 standard and can be used in hazardous
locations because it meets the ANSI/UL 60079-11 standard's intrinsic
safety protection level. It is accepted in other jurisdictions for use
in mines with the potential for methane accumulation. The product is
not MSHA approved, and the manufacturer is not pursuing approval. The
ANSI/UL 60079-11 standard for the certification of these respirators is
an accepted alternative to MSHA's standards and provides the same level
of protection to miners as such standards.
(c) The CleanSpace EX uses lithium-ion polymer battery that is
neither accessible nor removable. The lithium-ion polymer battery and
motor/blower assembly are both contained within the sealed power pack
assembly. It charges as a complete unit.
The petitioner proposes the following alternative method:
(a) Affected mine employees shall be trained in the proper use and
maintenance of the CleanSpace EX in accordance with the established
manufacturer guidelines. Mine employees shall also be trained to
inspect the unit before each use to determine if there is any damage or
defects to the unit that would negatively impact intrinsic safety. This
inspection shall include all associated wiring and connections and
shall take place prior to the equipment being taken underground.
(b) If it is determined that there is damage that may negatively
impact intrinsic safety, the PAPR shall be immediately removed from
service.
(c) CleanSpace EX units shall be charged outby the last open
crosscut and shall utilize the manufacturer-approved battery charger.
CleanSpace EX charging stations located underground shall be enclosed
in a properly constructed steel box designed for such purpose.
(d) A qualified person under 30 CFR 75.151 shall monitor for
methane as is required by the standard in the affected areas of the
mine.
(e) The operator shall comply with all requirements of 30 CFR
75.323. The CleanSpace EX shall not be used if methane is detected in
concentrations at or above 1.0 percent. When 1.0 percent or more
methane is detected while the CleanSpace EX is being used, the
equipment shall be deenergized immediately. When 1.5 percent or more
methane is detected, the CleanSpace EX shall be withdrawn from the
affected area outby the last open crosscut.
(f) Employees shall be trained all stipulations of the Decision and
Order. Qualified miners shall receive training regarding the
information in the Decision and Order before using equipment in the
relevant part of the mine. A record of training shall be kept and made
available upon request.
(g) Within 60 days of the Decision and Order becoming finalized,
the petitioner shall submit proposed revisions to the mine ventilation
plan per 30 CFR 75.370, to be approved under the 30 CFR part 48
training plan by the District Manager. The revisions shall specify
initial and refresher training. When the training is conducted, an MSHA
Certificate of Training (Form 5000-23) shall be completed, with
comments on the certificate noting non-permissible testing equipment
training.
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. 2023-02271 Filed 2-2-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on February 3, 2023.
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