[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4709-4715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01239]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice is a summary of 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 February 26, 
2020.

[[Page 4710]]


ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Email: [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: Sheila McConnell, 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 a copy of the petitions 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: Sheila McConnell, Office of Standards, 
Regulations, and Variances at 202-693-9440 (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 (Secretary) 
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-2019-058-C.
    Petitioner: Peabody Midwest Mining, LLC, 7100 Eagle Crest Blvd., 
Evansville, IN 47715.
    Mine: Francisco Underground Pit, MSHA I.D. No. 12-02295, located in 
Gibson County, IN.
    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 Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR in or inby the last open crosscut.
    (2) The equipment must be examined at least weekly by a qualified 
person according to 30 CFR 75.512-2 and examination results must 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-2019-059-C.
    Petitioner: Peabody Midwest Mining, LLC, 7100 Eagle Crest Blvd., 
Evansville, IN 47715.
    Mine: Francisco Underground Pit, MSHA I.D. No. 12-02295, located in 
Gibson County, IN.
    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 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 Francisco 
Underground Pit mine. The operator is petitioning to use a battery 
powered respirable protection unit called a VersafloTM TR-
800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) in 
return airways.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:

[[Page 4711]]

    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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-2019-060-C.
    Petitioner: Peabody Midwest Mining, LLC, 7100 Eagle Crest Blvd., 
Evansville, IN 47715.
    Mine: Francisco Underground Pit, MSHA I.D. No. 12-02295, located in 
Gibson County, IN.
    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 at the Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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.

    Docket Number: M-2019-061-C.
    Petitioner: Peabody Gateway North Mining, LLC, 7100 Eagle Crest 
Boulevard, Suite 100, Evansville, IN 47715-8152.
    Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in 
Randolph County, IL.
    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 Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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 4712]]

    (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-2019-062-C.
    Petitioner: Peabody Gateway North Mining, LLC, 7100 Eagle Crest 
Boulevard, Suite 100, Evansville, IN 47715-8152.
    Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in 
Randolph County, IL.
    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 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 Francisco 
Underground Pit mine. The operator is petitioning to use a battery 
powered respirable protection unit called a VersafloTM TR-
800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) in 
return airways.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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-2019-063-C.
    Petitioner: Peabody Gateway North Mining, LLC, 7100 Eagle Crest 
Boulevard, Suite 100, Evansville, IN 47715-8152.
    Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in 
Randolph County, IL.
    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 at the Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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

[[Page 4713]]

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-2019-064-C.
    Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal 
Rd., Oakman, AL 35579.
    Mine: Shoal Creek Mine, MSHA I.D. No. 01-02901, located in Walker 
County, AL.
    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 Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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.
    (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-2019-065-C.
    Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal 
Rd., Oakman, AL 35579.
    Mine: Shoal Creek Mine, MSHA I.D. No. 01-02901, located in Walker 
County, AL.
    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 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 Francisco 
Underground Pit mine. The operator is petitioning to use a battery 
powered respirable protection unit called a VersafloTM TR-
800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) in 
return airways.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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-2019-066-C.
    Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal 
Rd., Oakman, AL 35579.
    Mine: Shoal Creek Mine, MSHA I.D. No. 01-02901, located in Walker 
County, AL.
    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 at the Francisco 
Underground Pit mine. The

[[Page 4714]]

operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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.

    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, CO.
    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 Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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.
    (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, CO.
    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 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 Francisco 
Underground Pit mine. The operator is petitioning to use a battery 
powered respirable protection unit called a VersafloTM TR-
800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) in 
return airways.
    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 will be the last opportunity to order 
the Airstream components.

[[Page 4715]]

    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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, CO.
    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 at the Francisco 
Underground Pit mine. The operator is petitioning 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.
    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 will be the last opportunity to order 
the Airstream components.
    (c) There are currently no replacement 3M 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.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR 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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-01239 Filed 1-24-20; 8:45 am]
 BILLING CODE 4520-43-P