Petitions for Modification of Application of Existing Mandatory Safety Standard, 4709-4715 [2020-01239]
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices
You may submit comment
as follows. Please note that late,
untimely filed comments will not be
considered.
Electronic Submissions: Submit
electronic comments in the following
way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for docket number MSHA–2019–0049.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket, with no changes. Because
your comment will be made public, you
are responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as your or anyone else’s Social
Security number or confidential
business information.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission.
Written/Paper Submissions: Submit
written/paper submissions in the
following way:
• Mail/Hand Delivery: Mail or visit
DOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• MSHA will post your comment as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
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I. Background
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty in protecting the
safety and health of miners. Further,
section 101(a) of the Mine Act, 30 U.S.C.
811, authorizes the Secretary of Labor to
develop, promulgate, and revise as may
be appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal and metal and nonmetal
mines.
MSHA establishes standards and
regulations for diesel-powered
equipment in underground coal mines
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that provide additional important
protection for coal miners who work on
and around diesel-powered equipment.
The standards are designed to reduce
the risks to underground coal miners of
serious health hazards that are
associated with exposure to high
concentrations of diesel particulate
matter. The standards in sections
72.510(a) & (b), and 72.520(a) & (b)
contain information collection
requirements for underground coal mine
operators.
Section 72.510(a) requires
underground coal mine operators to
provide annual training to all miners
who may be exposed to diesel
emissions. The training must include:
Health risks associated with exposure to
diesel particulate matter; methods used
in the mine to control diesel particulate
concentrations; identification of the
personnel responsible for maintaining
those controls; and actions miners must
take to ensure that controls operate as
intended. Under Section 72.510(b)
underground coal mine operators are
required to keep a record of the training
for one year.
Section 72.520(a) and (b) requires
underground coal mine operators to
maintain an inventory of diesel powered
equipment units together with a list of
information about any unit’s emission
control or filtration system. The list
must be updated within 7 calendar days
of any change.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Health Standards
for Diesel Particulate Matter Exposure
(Underground Coal Mines). MSHA is
particularly interested in comments
that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Background documents related to this
information collection request are
PO 00000
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Fmt 4703
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4709
available at https://regulations.gov and
in DOL–MSHA located at 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452. Questions about the
information collection requirements
may be directed to the person listed in
the FOR FURTHER INFORMATION section of
this notice from the previous collection
of information.
III. Current Actions
This information collection request
concerns provisions for Health
Standards for Diesel Particulate Matter
Exposure (Underground Coal Mines).
MSHA has updated the data with
respect to the number of respondents,
responses, burden hours, and burden
costs supporting this information
collection request from the previous
information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0124.
Affected Public: Business or other forprofit.
Number of Respondents: 164.
Frequency: On occasion.
Number of Responses: 55,980.
Annual Burden Hours: 710 hours.
Annual Respondent or Recordkeeper
Cost: $24.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
proposed information collection
request; they will become a matter of
public record and will be available at
https://www.reginfo.gov.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2020–01340 Filed 1–24–20; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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.
SUMMARY:
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices
You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Email: zzMSHA-comments@dol.gov
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), McConnell.Sheila.A@
dol.gov (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.
khammond on DSKJM1Z7X2PROD with NOTICES
ADDRESSES:
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.
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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 MSHAapproved 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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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 nonpermissible 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 MSHAapproved and 3M is not currently
pursuing approval.
The petitioner proposes the following
alternative method:
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices
(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 nonpermissible 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
VerDate Sep<11>2014
16:54 Jan 24, 2020
Jkt 250001
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 MSHAapproved 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 nonpermissible 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.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
4711
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 MSHAapproved 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.
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27JAN1
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices
(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 nonpermissible 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
VerDate Sep<11>2014
16:54 Jan 24, 2020
Jkt 250001
Equipment for Use in Explosive
Atmosphere (IECEx). It is not MSHAapproved 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 nonpermissible 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
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
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 MSHAapproved 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 nonpermissible testing equipment training.
(7) The operator is responsible for all
people, including contractors, using the
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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 MSHAapproved 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.
VerDate Sep<11>2014
16:54 Jan 24, 2020
Jkt 250001
(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 nonpermissible 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
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
4713
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 MSHAapproved 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 nonpermissible 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
E:\FR\FM\27JAN1.SGM
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4714
Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices
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 MSHAapproved 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
VerDate Sep<11>2014
16:54 Jan 24, 2020
Jkt 250001
made on the certificate to note nonpermissible 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 MSHAapproved 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.
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
(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 nonpermissible 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.
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(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 MSHAapproved 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 nonpermissible 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
VerDate Sep<11>2014
16:54 Jan 24, 2020
Jkt 250001
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 MSHAapproved 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
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
4715
revisions are conducted, the MSHA
Certificate of Training (Form 5000–23)
will be completed. Comments will be
made on the certificate to note nonpermissible 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
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collection—Housing
Occupancy Certificates Under the
Migrant and Seasonal Agricultural
Worker Protection Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95). This program helps to ensure
that requested data can be provided in
the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the impact of
collection requirements on respondents
can be properly assessed. Currently, the
Wage and Hour Division is soliciting
comments concerning its proposal to
extend Office of Management and
Budget (OMB) approval of the
Information Collection: Housing
Occupancy Certificate—Migrant and
Seasonal Agricultural Worker Protection
Act. A copy of the proposed information
request can be obtained by contacting
the office listed below in the FOR
FURTHER INFORMATION CONTACT section of
this Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
March 27, 2020.
SUMMARY:
E:\FR\FM\27JAN1.SGM
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]]>Agencies
[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
