[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30984-30987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12161]


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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 includes the summaries of three petitions for 
modification submitted to the Mine Safety and Health Administration 
(MSHA) by the party listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before July 12, 2021.

ADDRESSES: You may submit your comments including the docket number of 
the petition 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: Jessica D. Senk, 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: Jessica Senk, Office of Standards,

[[Page 30985]]

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
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2021-022-C.
    Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road, 
Oakwood, Virginia (Zip 24639).
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in 
Buchanan County, Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.507-1(a), as it relates to the use of an 
alternative method of respirable dust protection for miners at the 
Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is 
applying to use a battery powered respirable protection unit called the 
CleanSpace EX Powered Respirator (CleanSpace EX) in return air outby 
the last open crosscut.
    The petitioner states that:
    (a) The petitioner is seeking an alternative to the 3M Airstream 
helmet to provide miners with respirable protection against coal mine 
dust, a protection that can provide long-term health benefits.
    (b) The 3M Airstream helmet has been used in mines for over 40 
years.
    (c) 3M has recently faced component disruptions for the Airstream 
product. 3M globally discontinued the Airstream on June 1, 2020. The 
ability to order an Airstream system and components ended in February 
2020. Components were available through June 2020.
    (d) Currently, there are no available replacement positive pressure 
air-purifying respirators (PAPRs) that meet the MSHA standard for 
permissibility.
    (e) PAPRs provide a constant flow of filtered air, which offers 
respiratory protection and comfort in hot working environments.
    (f) Operators that were using the Airstream, do not have an 
approved alternative to provide this type of protection to its miners.
    (g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11 
standard and can be used in hazardous locations because it meets the 
intrinsic safety protection level and is acceptable in other 
jurisdictions to use in mines with the potential for methane 
accumulation.
    (h) The CleanSpace EX is not MSHA-approved and the manufacturer is 
not pursuing approval.
    (i) The ANSI/UL standards for the approval of these respirators are 
an accepted alternative to MSHA standards and provide the same level of 
protection.
    (j) The product uses a lithium polymer battery that is not 
detachable from the electrical circuit. It charges as a complete unit.
    (k) The CleanSpace EX allows for more comfort and it can be easily 
disassembled and cleaned.
    (l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a 
HEPA particulate filter for the full facemask. The product does not 
impair vision or communication. The product allows for the miner to 
simultaneously wear the issued hardhat with a headlamp.
    (m) The CleanSpace EX 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.
    (n) There are no hose attachments to the unit, which could create 
added hazards.
    The petitioner proposes the following alternative method:
    (a) The equipment will be examined at least weekly by a qualified 
person according to 30 CFR 75.512 and examination results will be 
recorded weekly and records will be available for examination for one 
year.
    (b) CleanSpace EX units will be charged outby the last open 
crosscut and will utilize the manufacturer approved battery charger.
    (c) 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.
    (d) Employees will be trained on how to properly use and take care 
of the CleanSpace EX according to manufacturer guidelines.
    (e) Qualified miners will receive training regarding the 
information in the Decision and Order before using the equipment in the 
relevant part of the mine. A record of the training will be kept and 
available upon request.
    (f) 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. When the training is 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.
    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-2021-023-C.
    Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road, 
Oakwood, Virginia (Zip 24639).
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in 
Buchanan County, Virginia.
    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 for miners at the 
Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is 
applying to use a battery powered respirable protection unit called the 
CleanSpace EX Powered Respirator (CleanSpace EX) in or inby the last 
open crosscut.
    The petitioner states that:
    (a) The petitioner is seeking an alternative to the 3M Airstream 
helmet to provide miners with respirable protection against coal mine 
dust, a protection that can provide long-term health benefits.
    (b) The 3M Airstream helmet has been used in mines for over 40 
years.
    (c) 3M has recently faced component disruptions for the Airstream 
product. 3M globally discontinued the Airstream on June 1, 2020. The 
ability to order an Airstream system and components

[[Page 30986]]

ended in February 2020. Components were available through June 2020.
    (d) Currently, there are no available replacement positive pressure 
air-purifying respirators (PAPRs) that meet the MSHA standard for 
permissibility.
    (e) PAPRs provide a constant flow of filtered air, which offers 
respiratory protection and comfort in hot working environments.
    (f) Operators that were using the Airstream do not have an approved 
alternative to provide this type of protection to its miners.
    (g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11 
standard and can be used in hazardous locations because it meets the 
intrinsic safety protection level and is acceptable in other 
jurisdictions to use in mines with the potential for methane 
accumulation.
    (h) The CleanSpace EX is not MSHA-approved and the manufacturer is 
not pursuing approval.
    (i) The ANSI/UL standards for the approval of these respirators are 
an accepted alternative to MSHA standards and provide the same level of 
protection.
    (j) The product uses a lithium polymer battery that is not 
detachable from the electrical circuit. It charges as a complete unit.
    (k) The CleanSpace EX allows for more comfort and it can be easily 
disassembled and cleaned.
    (l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a 
HEPA particulate filter for the full facemask. The product does not 
impair vision or communication. The product allows for the miner to 
simultaneously wear the issued hardhat with a headlamp.
    (m) The CleanSpace EX 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.
    (n) There are no hose attachments to the unit, which could create 
added hazards.
    The petitioner proposes the following alternative method:
    (a) The equipment will be examined at least weekly by a qualified 
person according to 30 CFR 75.512 and examination results will be 
recorded weekly and records will be available for examination for one 
year.
    (b) CleanSpace EX units will be charged outby the last open 
crosscut and will utilize the manufacturer approved battery charger.
    (c) 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.
    (d) Employees will be trained on how to properly use and take care 
of the CleanSpace EX according to manufacturer guidelines.
    (e) Qualified miners will receive training regarding the 
information in the Decision and Order before using the equipment in the 
relevant part of the mine. A record of the training will be kept and 
available upon request.
    (f) 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. When the training is 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.
    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-2021-024-C.
    Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road, 
Oakwood, Virginia (Zip 24639).
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in 
Buchanan County, Virginia.
    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 30 CFR 75.1002(a), as it relates to the use 
of an alternative method of respirable dust protection for miners at 
the Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is 
applying to use a battery powered respirable protection unit called the 
CleanSpace EX Powered Respirator (CleanSpace EX) within 150 feet of 
pillar workings and longwall faces.
    The petitioner states that:
    (a) The petitioner is seeking an alternative to the 3M Airstream 
helmet to provide miners with respirable protection against coal mine 
dust, a protection that can provide long-term health benefits.
    (b) The 3M Airstream helmet has been used in mines for over 40 
years.
    (c) 3M has recently faced component disruptions for the Airstream 
product. 3M globally discontinued the Airstream on June 1, 2020. The 
ability to order an Airstream system and components ended in February 
2020. Components were available through June 2020.
    (d) Currently, there are no available replacement positive pressure 
air-purifying respirators (PAPRs) that meet the MSHA standard for 
permissibility.
    (e) PAPRs provide a constant flow of filtered air, which offers 
respiratory protection and comfort in hot working environments.
    (f) Operators that were using the Airstream, do not have an 
approved alternative to provide this type of protection to its miners.
    (g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11 
standard and can be used in hazardous locations because it meets the 
intrinsic safety protection level and is acceptable in other 
jurisdictions to use in mines with the potential for methane 
accumulation.
    (h) The CleanSpace EX is not MSHA approved and the manufacturer is 
not pursuing approval.
    (i) The ANSI/UL standards for the approval of these respirators are 
an accepted alternative to MSHA standards and provide the same level of 
protection.
    (j) The product uses a lithium polymer battery that is not 
detachable from the electrical circuit. It charges as a complete unit.
    (k) The CleanSpace EX allows for more comfort and it can be easily 
disassembled and cleaned.
    (l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a 
HEPA particulate filter for the full facemask. The product does not 
impair vision or communication. The product allows for the miner to 
simultaneously wear the issued hardhat with a headlamp.
    (m) The CleanSpace EX 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.
    (n) There are no hose attachments to the unit, which could create 
added hazards.
    The petitioner proposes the following alternative method:
    (a) The equipment will be examined at least weekly by a qualified 
person according to 30 CFR 75.512 and examination results will be 
recorded weekly and records will be available for examination for one 
year.
    (b) CleanSpace EX units will be charged outby the last open 
crosscut and will utilize the manufacturer approved battery charger.
    (c) A qualified person under 30 CFR 75.151 will monitor for methane 
as is

[[Page 30987]]

required by the standard in the affected areas of the mine.
    (d) Employees will be trained on how to properly use and take care 
of the CleanSpace EX according to manufacturer guidelines.
    (e) Qualified miners will receive training regarding the 
information in the Decision and Order before using the equipment in the 
relevant part of the mine. A record of the training will be kept and 
available upon request.
    (f) 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. When the training is 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.
    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.

Jessica D. Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-12161 Filed 6-9-21; 8:45 am]
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