[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29751-29753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10559]
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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
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before June 17, 2020.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. 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: Roslyn B. Fontaine, Acting
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: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9557 (voice), [email protected] (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
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, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2019-067-C.
Petitioner: Peabody Twentymile Mining, LLC, 29515 Route County Road
#27, Oak Creek, CO 80467.
Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests an amended petition
for 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 Foidel Creek mine. The operator previously submitted
a petition to use a battery powered respirable protection unit called a
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR) in or inby the last open crosscut, which was
published by the Federal Register on January 27, 2020. The operator
submitted the amended petition below to include in the previous
petition the use of a powered respirable protection unit called the
CleanSpace EX Powered Respirator in or inby the last open crosscut
under the same conditions as was proposed for the VersafloTM
TR-800 Intrinsically Safe Powered Air Purifying Respirator (PAPR)
product.
The petitioner states that:
(a) Peabody currently uses the 3M Airstream helmet to provide
miners with respirable protection against coal mine dust, a protection
with long-term health benefits.
(b) 3M is discontinuing the Airstream helmet by June 1, 2020 due to
disruption in their component supply, but it will offer the
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR). February 2020 was the last opportunity to order the
Airstream components.
(c) There are currently no replacement PAPRs that meet the MSHA
standard for permissibility.
(d) The VersafloTM TR-800 Intrinsically Safe PAPR
qualifies as intrinsically safe in the US, Canada, and countries that
accept the International Electrotechnical Commissions System for
Certification to Standards Relating to Equipment for Use in Explosive
Atmosphere (IECEx). However, it is not MSHA-approved and 3M is not
pursuing MSHA approval.
(e) Another type of PAPR called the CleanSpace EX Power Unit, which
is manufactured by CleanSpace is also determined to be intrinsically
safe under IECEx and other countries' standards. However, the
Cleanspace EX Power Unit is not approved by MSHA and CleanSpace is not
pursuing MSHA approval.
The petitioner proposes the following alternative method:
(1) The operator is petitioning to use the VersafloTM
TR-800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit in or
inby the last open crosscut.
(2) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512-2 and examination results will be
recorded weekly and may be expunged after one year.
(3) The operator will comply with 30 CFR 75.323.
(4) A qualified person under 30 CFR 75.151 will monitor for methane
as is required in the mine.
(5) Qualified miners will receive training regarding the
information in the Decision and Order before using equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
[[Page 29752]]
(6) Within 60 days of the Decision and Order becoming finalized,
the operator 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 and when the revisions are
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.
(7) The operator is responsible for all people, including
contractors, using the above equipment. The petitioner asserts that the
alternative method will guarantee no less than the same measure of
protection afforded the miners under the mandatory standard.
Docket Number: M-2019-068-C.
Petitioner: Peabody Twentymile Mining, LLC, 29515 Route County Road
#27, Oak Creek, CO 80467.
Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt
County, Colorado.
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 an amended petition
for 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 at the Foidel Creek mine. The operator previously submitted
a petition to use a battery powered respirable protection unit called a
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR) in return airways, which was published by the Federal
Register on January 27, 2020. The operator submitted the amended
petition below to include in the previous petition the use of a powered
respirable protection unit called the CleanSpace EX Powered Respirator
in return airways under the same conditions as was proposed for the
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR) product.
The petitioner states that:
(a) Peabody currently uses the 3M Airstream helmet to provide
miners with respirable protection against coal mine dust, a protection
with long-term health benefits.
(b) 3M is discontinuing the Airstream helmet by June 1, 2020 due to
disruption in their component supply but it will offer the
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR). February 2020 was the last opportunity to order the
Airstream components.
(c) There are currently no replacement PAPRs that meet the MSHA
standard for permissibility.
(d) The VersafloTM TR-800 Intrinsically Safe PAPR
qualifies as intrinsically safe in the US, Canada, and countries that
accept the International Electrotechnical Commissions System for
Certification to Standards Relating to Equipment for Use in Explosive
Atmosphere (IECEx). It is not MSHA-approved and 3M is not currently
pursuing approval.
(e) Another type of PAPR called the CleanSpace EX Power Unit, which
is manufactured by CleanSpace, is also determined to be intrinsically
safe under IECEx and other countries' standards. However, the
Cleanspace EX Power Unit is not approved by MSHA and CleanSpace is not
pursuing MSHA approval.
The petitioner proposes the following alternative method:
(1) The operator is petitioning to use the VersafloTM
TR-800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit in
return airways.
(2) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512-2 and examination results will be
recorded weekly and may be expunged after one year.
(3) The operator will comply with 30 CFR 75.323.
(4) A qualified person under 30 CFR 75.151 will monitor for methane
as is required in the mine.
(5) Qualified miners will receive training regarding the
information in the Decision and Order before using equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(6) Within 60 days of the Decision and Order becoming finalized,
the operator 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 and when the revisions are
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.
(7) The operator is responsible for all people, including
contractors, using the above equipment. The petitioner asserts that the
alternative method will guarantee no less than the same measure of
protection afforded the miners under the mandatory standard.
Docket Number: M-2019-069-C.
Petitioner: Peabody Twentymile Mining, LLC, 29515 Route County Road
#27, Oak Creek, CO 80467.
Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests an amended petition
for modification of the existing standard, 30 CFR 75.1002(a), as it
relates to the use of an alternative method of respirable dust
protection at the Foidel Creek mine. The operator previously submitted
a petition to use a battery powered respirable protection unit called a
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR) within 150 feet of pillar workings and longwall
faces, which was published by the Federal Register on January 27, 2020.
The operator submitted the amended petition below to include in the
previous petition the use of a powered respirable protection unit
called the CleanSpace EX Powered Respirator within 150 feet of pillar
workings and longwall faces under the same conditions as was proposed
for the VersafloTM TR-800 Intrinsically Safe Powered Air
Purifying Respirator (PAPR) product.
The petitioner states that:
(a) Peabody currently uses the 3M Airstream helmet to provide
miners with respirable protection against coal mine dust, a protection
with long-term health benefits.
(b) 3M is discontinuing the Airstream helmet by June 1, 2020 due to
disruption in their component supply but it will offer the
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying
Respirator (PAPR). February 2020 was the last opportunity to order the
Airstream components.
(c) There are currently no replacement PAPRs that meet the MSHA
standard for permissibility.
(d) The VersafloTM TR-800 Intrinsically Safe PAPR
qualifies as intrinsically safe in the US, Canada, and countries that
accept the International Electrotechnical Commissions System for
Certification to Standards Relating to Equipment for Use in Explosive
Atmosphere (IECEx). It is not MSHA-approved and 3M is not currently
pursuing approval.
(e) Another type of PAPR called the CleanSpace EX Power Unit, which
is manufactured by CleanSpace, is also determined to be intrinsically
safe under IECEx and other countries' standards. However, the
Cleanspace EX Power Unit is not approved by MSHA
[[Page 29753]]
and CleanSpace is not pursuing MSHA approval.
The petitioner proposes the following alternative method:
(1) The operator is petitioning to use the VersafloTM
TR-800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit within
150 feet of pillar workings and longwall faces.
(2) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512-2 and examination results will be
recorded weekly and may be expunged after one year.
(3) The operator will comply with 30 CFR 75.323.
(4) A qualified person under 30 CFR 75.151 will monitor for methane
as is required in the mine.
(5) Qualified miners will receive training regarding the
information in the Decision and Order before using equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(6) Within 60 days of the Decision and Order becoming finalized,
the operator 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 and when the revisions are
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.
(7) The operator is responsible for all people, including
contractors, using the above equipment. The petitioner asserts that the
alternative method will guarantee no less than the same measure of
protection afforded the miners under the mandatory standard.
Roslyn Fontaine,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-10559 Filed 5-15-20; 8:45 am]
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