[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Pages 58396-58398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20659]


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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 4 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 October 19, 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, Deputy 
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: 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-2020-018-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 
Jefferson 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 Shoal Creek 
Mine. The petitioner is applying to use a battery powered respirable 
protection unit called CleanSpace EX Powered Respirator in or in by 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 has discontinued the Airstream helmet but it will offer the 
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying 
Respirator (PAPR), which is lighter and has certain additional 
features.
    (c) The 3M Airstream helmet has been used in mines for over 40 
years, in that time technology has advanced and 3M has recently faced 
component disruptions for the Airstream product. This caused 3M to 
discontinue the Airstream on June 1, 2020 globally.
    (d) The last time to order an Airstream system and components was 
February

[[Page 58397]]

2020 and components were available until June 2020.
    (e) There are currently no replacement 3M PAPRs that meet the MSHA 
standard for permissibility. 3M does not offer an alternative product 
that meets the MSHA 30 CFR standard for electronic equipment used in 
underground mining environments that are potentially explosive.
    (f) Mines using the Airstream do not have an alternative to offer 
miners. PAPRs are beneficial due to the constant airflow provided, 
which offers respiratory protection and comfort in hot working 
environments.
    The petitioner proposes the following alternative method:
    (a) The petitioner is applying to use the CleanSpace EX Powered 
Respirator in or inby the last open crosscut.
    (b) The product is not MSHA approved and is not pursuing approval.
    (c) The petitioner states that the standards for the approval of 
these respirators are an accepted alternative to MSHA's standards and 
they provide the same level of protection.
    (d) The petitioner states that the ANSI/ISA standards are an 
accepted alternative to ACRI2001 and provide the same level of 
protection.
    (e) 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.
    (f) The petitioner will comply with 30 CFR 75.323.
    (g) A qualified person under 30 CFR 75.151 will monitor for methane 
as is required by the standard in the affected areas of the mine.
    (h) 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.
    (i) Within 60 days of the Decision and Order becoming finalized, 
the petitioner 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.
    (j) The petitioner is responsible for making sure that all people, 
including contractors, are using the equipment in accordance with the 
final decision and order. 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-2020-019-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 
Jefferson 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 Shoal Creek 
Mine. The petitioner is applying to use a battery powered respirable 
protection unit called CleanSpace EX Powered Respirator 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 has discontinued the Airstream helmet but it will offer the 
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying 
Respirator (PAPR), which is lighter and has certain additional 
features.
    (c) The 3M Airstream helmet has been used by mines for over 40 
years, in that time technology has advanced and 3M has recently faced 
component disruptions for the Airstream product. This caused 3M to 
discontinue the Airstream on June 1, 2020 globally.
    (d) The last time to order an Airstream system and components was 
February 2020 and components were available until June 2020.
    (e) There are currently no replacement 3M PAPRs that meet the MSHA 
standard for permissibility. 3M does not offer an alternative product 
that meets the MSHA 30 CFR standard for electronic equipment used in 
underground mining environments that are potentially explosive.
    (f) Mines using the Airstream do not have an alternative to offer 
miners. PAPRs are beneficial due to the constant airflow provided, 
which offers respiratory protection and comfort in hot working 
environments.
    The petitioner proposes the following alternative method:
    (a) The petitioner is applying to use the CleanSpace EX Powered 
Respirator in return airways.
    (b) The product is not MSHA approved and is not pursuing approval.
    (c) The petitioner states that the standards for the approval of 
these respirators are an accepted alternative to MSHA's standards and 
they provide the same level of protection.
    (d) The petitioner states that the ANSI/ISA standards are an 
accepted alternative to ACRI2001 and provide the same level of 
protection.
    (e) 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.
    (f) The petitioner will comply with 30 CFR 75.323.
    (g) A qualified person under 30 CFR 75.151 will monitor for methane 
as is required by the standard in the affected area of the mine.
    (h) 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.
    (i) Within 60 days of the Decision and Order becoming finalized, 
the petitioner 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.
    (j) The petitioner is responsible for making sure that all people, 
including contractors, are using the equipment in accordance with the 
final decision and order. 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-2020-020-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 
Jefferson 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 Shoal Creek 
Mine. The petitioner is applying

[[Page 58398]]

to use a battery powered respirable protection unit called CleanSpace 
EX Powered Respirator 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 has discontinued the Airstream helmet but it will offer the 
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying 
Respirator (PAPR), which is lighter and has certain additional 
features.
    (c) The 3M Airstream helmet has been used in mines for over 40 
years, in that time technology has advanced and 3M has recently faced 
component disruptions for the Airstream product. This caused 3M to 
discontinue the Airstream on June 1, 2020 globally.
    (d) The last time to order an Airstream system and components was 
February 2020 and components were available until June 2020.
    (e) There are currently no replacement 3M PAPRs that meet the MSHA 
standard for permissibility. 3M does not offer an alternative product 
that meets the MSHA 30 CFR standard for electronic equipment used in 
underground mining environments that are potentially explosive.
    (f) Mines using the Airstream do not have an alternative to offer 
miners. PAPRs are beneficial due to the constant airflow provided, 
which offers respiratory protection and comfort in hot working 
environments.
    The petitioner proposes the following alternative method:
    (a) The petitioner is applying to use the CleanSpace EX Powered 
Respirator within 150 feet of pillar workings and longwall faces.
    (b) The product is not MSHA approved and is not pursuing approval.
    (c) The petitioner states that the standards for the approval of 
these respirators are an accepted alternative to MSHA's standards and 
they provide the same level of protection.
    (d) The petitioner states that the ANSI/ISA standards are an 
accepted alternative to ACRI2001 and provide the same level of 
protection.
    (e) 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.
    (f) The petitioner will comply with 30 CFR 75.323.
    (g) A qualified person under 30 CFR 75.151 will monitor for methane 
as is required by the standard in the affected area of the mine.
    (h) 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.
    (i) Within 60 days of the Decision and Order becoming finalized, 
the petitioner 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.
    (j) The petitioner is responsible for making sure that all people, 
including contractors, are using the equipment in accordance with the 
final decision and order. 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-2020-003-M.
    Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, Green River, WY 
82935.
    Mine: Solvay Chemicals, Inc., MSHA I.D. No. 48-01295, located in 
Sweetwater County, WY.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for the 
respiratory protection of miners. The petitioner proposes to use a non-
MSHA approved, intrinsically safe battery-powered air purifying 
respirator (PAPR) product called a CleanSpace EX to protect miners from 
potential exposure to respirable dust and ammonia gas during normal 
mining conditions in or in by the last open crosscut and where methane 
may be present.
    The petitioner states that:
    (a) There are currently two MSHA-approved PAPRs: The 3M Airstream 
and the Kasco K80 ET8. The 3M Airstream was discontinued by the 
manufacturer and the Kasco K80 ET8 (now the only available MSHA-
approved model) poses safety and health deficiencies. It is difficult 
to use, restricts communication, restricts peripheral vision, and 
requires removing the hood to speak or listen. The Kasco model 
additionally only protects against organic vapor and is not suitable 
for protecting against respirable dust.
    (b) The petitioner currently intends to use the TR-800 PAPR but is 
also petitioning to use the CleanSpace EX, which is equal in safety to 
the TR-800 model but has added enhancements. The CleanSpace EX model is 
also utilized for different tasks that miners are required to do.
    The petitioner proposes the following alternative method:
    (a) The petitioner is applying to use the CleanSpace EX PAPR at 
this mine location. The CleanSpace EX is UL certified to the ANSI/UL 
60079-11 standard and can be used in hazardous locations; it meets the 
intrinsic safety protection level and is acceptable to use in mines 
with the potential for firedamp.
    (b) The product uses a lithium polymer battery that is not 
detachable from the electrical circuit. It charges as a complete unit.
    (c) The product has a NIOSH approved high capacity high efficiency 
(HEPA) particulate/vapor filter for a half mask and a HEPA particulate 
filter for the full facemask.
    (d) The product does not impair vision or communication.
    (e) The product allows for the miner to simultaneously wear the 
issued hardhat with a headlamp, unlike the TR-800 model, which does not 
account for the headlamp.
    (f) The product uses technology placing the filter housing and fan 
assembly above the shoulders to reduce ergonomic restrictions, freeing 
the miner from having to wear the fan and filter unit around the waist. 
There are also no hose attachments to the unit, which could create 
added hazards.
    (g) Using the CleanSpace EX PAPR allows the petitioner to 
quantitatively fit test employees.
    (h) The CleanSpace EX allows for more comfort and it can be easily 
disassembled and cleaned.
    (i) CleanSpace EX units will be charged out-by the last open 
crosscut and will utilize the manufacturer approved battery charger.
    (j) Employees will be trained on how to properly use and take care 
of the CleanSpace EX PAPR, according to manufacturer guidelines.
    (k) 30 CFR 57.22234 will be adhered to if 1.0 percent or more 
methane is detected.
    (l) This petition will achieve the same level of safety that is 
provided by 30 CFR 57.22305.

Roslyn Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-20659 Filed 9-17-20; 8:45 am]
BILLING CODE 4520-43-P