[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16641-16644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06484]


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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 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before April 29, 2021.

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: S. Aromie Noe, Acting 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: S. Aromie Noe, 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 
(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

[[Page 16642]]

    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. Petition for Modification

    Docket Number: M-2021-002-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65, 
Rangely, Colorado (ZIP 81648).
    Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco 
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 a modification of the 
existing standard, 30 CFR 75.507-1(a) Electric equipment other than 
power-connection points; outby the last open crosscut; return air; 
permissibility requirements. Specifically, the petitioner is applying 
to utilize the battery-powered CleanSpace Powered Respirator in the 
Deserado Mine in Colorado in return air outby the last open crosscut.
    The petitioner states that:
    (a) Blue Mountain Energy currently uses the 3M Airstream helmet to 
provide additional protection for its miners against exposure to 
respirable coal mine dust.
    (b) For more than 40 years the 3M Airstream Headgear-Mounted 
Powered Air Purifying Respirator (PAPR) System has been used by many 
mine operators to help protect their workers. Recently 3M indicated 
they faced multiple key component supply disruptions for the Airstream 
product line, which made it difficult to provide acceptable supply 
service levels. Because of these issues, 3M discontinued the Airstream 
on or before June 1, 2020. 3M further announced that February 2020 was 
the final date to place an order for systems and components and that 
June 2020 was the final date to purchase Airstream components.
    (c) Following that discontinuation, mines using the 3M Airstream do 
not have an MSHA-approved alternative PAPR to provide to miners.
    (d) Currently there are no replacement of 3M PAPRs that meet MSHA 
standards for permissibility. Under 30 CFR, electronic equipment must 
be approved by MSHA to be used in underground mines with potentially 
explosive atmospheres.
    (e) A benefit of using PAPRs is that they provide a constant flow 
of air inside the headtop or helmet, offering miners both respiratory 
protection and comfort in hot working environments.
    (f) Another manufacturer offers an alternative product for other 
environments and applications--the CleanSpace EX Powered Respirator. 
However, the CleanSpace EX Powered Respirator is not MSHA-approved as 
permissible, and the manufacturer is not pursuing MSHA approval.
    (g) The CleanSpace EX Powered Respirator is intrinsically safe and 
meets International Electrotechnical Commission System for 
Certification to Standards Relating to Equipment for Use in Explosive 
Atmospheres (IECEx) approval standards for quality assurance and 
protection.
    (h) The product provides an equivalent level of respiratory 
protection in underground mining environments.
    The petitioner proposes the following alternative method:
    (a) The petitioner will use the CleanSpace EX Powered Respirator in 
return air outby the last open crosscut.
    (b) The equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.512-2; the examination results shall be 
recorded weekly. Examination entries may be expunged after one year.
    (c) The petitioner shall comply with 30 CFR 75.323.
    (d) A qualified person as defined in 30 CFR 75.151 shall monitor 
methane for the subject area of the mine as required by the mandatory 
standards.
    (e) All qualified persons and miners affected shall receive 
specific training on the terms and conditions of the Decision and Order 
before using the equipment in the affected area. A record of any 
training on this Decision and Order shall be kept and provided upon 
request by an Authorized Representative.
    (f) Within 60 days of the Decision and Order issued by MSHA 
becoming final, the mine operator shall submit proposed revisions for 
its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR 
part 48 training plan to the Coal Mine Safety and Health District 
Manager. These proposed revisions shall specify how the operator will 
provide initial and refresher training in compliance with the terms and 
conditions stated in MSHA's Decision and Order. When training is 
conducted, a MSHA Certificate of Training (Form 5000-23) shall be 
completed. Comments shall be included on the Certificate of Training 
indicating that the training was the use of nonpermissible testing 
equipment.
    (g) The mine operator shall be responsible for determining that all 
persons including contractors are using the equipment in accordance 
with MSHA's Decision and Order.
    (h) The mine operator shall post this Decision and Order in 
unobstructed locations on the bulletin boards and/or in other 
conspicuous places where notices to miners are ordinarily posted for a 
period of not less than 60 consecutive days.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-003-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65, 
Rangely, Colorado (ZIP 81648).
    Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco 
County, Colorado.
    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 in the Deserado Mine 
in Colorado. Specifically, the petitioner is applying to use a battery 
powered respirable protection unit called CleanSpace EX Powered 
Respirator in or inby the last open crosscut.
    The petitioner states that:
    (a) Blue Mountain Energy currently uses the 3M Airstream helmet to 
provide additional protection for its miners against exposure to 
respirable coal mine dust.
    (b) For more than 40 years the 3M Airstream Headgear-Mounted 
Powered Air Purifying Respirator (PAPR) System has been used by many 
mine operators to help protect their workers. Recently 3M indicated 
they faced multiple key component supply disruptions for the Airstream 
product line that created issues with providing acceptable supply 
service levels. Because of these issues, 3M discontinued the Airstream 
on or before June 1, 2020. 3M further announced that February 2020 was 
the final date to place an order for systems and components and that 
June 2020 was the final date to purchase Airstream components.
    (c) Following that discontinuation, mines using the 3M Airstream do 
not have an MSHA-approved alternative PAPR to provide to miners.
    (d) Currently there are no 3M replacement PAPRs that meet MSHA 
standards for permissibility. Under 30 CFR, electronic equipment must 
be approved by MSHA to be used in underground mines with potentially 
explosive atmospheres.

[[Page 16643]]

    (e) A benefit of using PAPRs is that they provide a constant flow 
of air inside the headtop or helmet, offering miners with both 
respiratory protection and comfort in hot working environments.
    (f) Another manufacturer offers an alternative product for other 
environments and applications--the CleanSpace EX Powered Respirator. 
However, the CleanSpace EX Powered Respirator is not MSHA-approved as 
permissible, and the manufacturer, CleanSpace, is not pursuing MSHA 
approval.
    (g) The CleanSpace EX Powered Respirator is intrinsically safe and 
meets International Electrotechnical Commission System for 
Certification to Standards Relating to Equipment for Use in Explosive 
Atmospheres (IECEx) approval standards for quality assurance and 
protection.
    (h) The product provides an equivalent level of respiratory 
protection in underground mining 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 equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.512-2; the examination results shall be 
recorded weekly. Examination entries may be expunged after one year.
    (c) The petitioner shall comply with 30 CFR 75.323.
    (d) A qualified person as defined in in 30 CFR 75.151 shall monitor 
methane for the subject area of the mine as required by the mandatory 
standards.
    (e) All qualified persons and miners affected shall receive 
specific training on the terms and conditions of the Decision and Order 
before using the equipment in the affected area. A record of any 
training on this Decision and Order shall be kept and provided upon 
request by an Authorized Representative.
    (f) Within 60 days of the Decision and Order issued by MSHA 
becoming final, the mine operator shall submit proposed revisions for 
its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR 
part 48 training plan to the Coal Mine Safety and Health District 
Manager. These proposed revisions shall specify initial and refresher 
training regarding the terms and conditions stated in MSHA's Decision 
and Order. When training is conducted, a MSHA Certificate of Training 
(Form 5000-23) shall be completed. Comments shall be included on the 
Certificate of Training indicating that it was nonpermissible testing 
equipment training.
    (g) The mine operator is responsible for determining that all 
persons including contractors are using the equipment in accordance 
with MSHA's Decision and Order.
    (h) The mine operator shall post this Decision and Order in 
unobstructed locations on the bulletin boards and/or in other 
conspicuous places where notices to miners are ordinarily posted for a 
period of not less than 60 consecutive days.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.
    Docket Number: M-2021-004-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65, 
Rangely, Colorado (ZIP 81648).
    Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco 
County, Colorado.
    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 in the Deserado Mine 
in Colorado. Specifically, the petitioner is applying 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) Blue Mountain Energy currently uses the 3M Airstream helmet to 
provide additional protection for its miners against exposure to 
respirable coal mine dust.
    (b) For more than 40 years the 3M Airstream Headgear-Mounted 
Powered Air Purifying Respirator (PAPR) System has been used by many 
mine operators to help protect their workers. Recently 3M indicated 
they faced multiple key component supply disruptions for the Airstream 
product line that created issues with providing acceptable supply 
service levels. Because of these issues, 3M discontinued the Airstream 
on or before June 1, 2020. 3M further announced that February 2020 was 
the final date to place an order for systems and components and that 
June 2020 was the final date to purchase Airstream components.
    (c) Following that discontinuation, mines using the 3M Airstream do 
not have an MSHA-approved alternative PAPR to provide to miners.
    (d) Currently there are no replacement 3M PAPRs that meet MSHA 
standards for permissibility. Under 30 CFR, electronic equipment must 
be approved by MSHA to be used in underground mines with potentially 
explosive atmospheres.
    (e) A benefit of using PAPRs is that they provide a constant flow 
of air inside the headtop or helmet, offering miners with both 
respiratory protection and comfort in hot working environments.
    (f) Another manufacturer offers an alternative product for other 
environments and applications--the CleanSpace EX Powered Respirator. 
However, the CleanSpace EX Power Respirator is not MSHA-approved as 
permissible, and the manufacturer, CleanSpace, is not pursuing MSHA 
approval.
    (g) The CleanSpace EX Powered Respirator is intrinsically safe and 
meets International Electrotechnical Commission System for 
Certification to Standards Relating to Equipment for Use in Explosive 
Atmospheres (IECEx) approval standards for quality assurance and 
protection.
    (h) The product provides an equivalent level of respiratory 
protection in underground mining 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 equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.512-2; the examination results shall be 
recorded weekly. Examination entries may be expunged after one year.
    (c) The petitioner shall comply with 30 CFR 75.323.
    (d) A qualified person as defined in in 30 CFR. 75.151 shall 
monitor methane for the subject area of the mine as required by the 
mandatory standards.
    (e) All qualified persons and miners affected shall receive 
specific training on the terms and conditions of this Decision and 
Order before using the equipment in the affected area. A record of any 
training on this Decision and Order shall be kept and provided upon 
request by an Authorized Representative.
    (f) Within 60 days of the Decision and Order issued by MSHA 
becoming final, the mine operator shall submit proposed revisions for 
its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR 
part 48 training plan to the Coal Mine Safety and Health District 
Manager. These proposed revisions

[[Page 16644]]

shall specify initial and refresher training regarding the terms and 
conditions stated in MSHA's Decision and Order. When training is 
conducted, a MSHA Certificate of Training (Form 5000-23) shall be 
completed. Comments shall be included on the Certificate of Training 
indicating that it was nonpermissible testing equipment training.
    (g) The mine operator is responsible for determining that all 
persons including contractors are using the equipment in accordance 
with MSHA's Decision and Order.
    (h) The mine operator shall post this Decision and Order in 
unobstructed locations on the bulletin boards and/or in other 
conspicuous places where notices to miners are ordinarily posted for a 
period of not less than 60 consecutive days.
    The petitioner asserts that the alternate 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,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. 2021-06484 Filed 3-29-21; 8:45 am]
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