Petitions for Modification of Application of Existing Mandatory Safety Standards, 29751-29753 [2020-10559]

Download as PDF Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices Title: Current Population Survey (CPS). OMB Number: 1220–0100. Type of Review: Revision of a currently approved collection. Affected Public: Households. Total Respondents: 49,500 per month. Frequency: Monthly. Total Responses: 594,000. Average Time per Response: 9.6 minutes. Estimated Total Burden Hours: 95,040 hours. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they also will become a matter of public record. Signed at Washington, DC, on May 8, 2020. Mark Staniorski, Chief, Division of Management Systems. [FR Doc. 2020–10561 Filed 5–15–20; 8:45 am] BILLING CODE 4510–24–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice is a summary of three 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 June 17, 2020. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Electronic Mail: zzMSHAcomments@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: Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances. Persons delivering documents are required to check in at the receptionist’s jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:03 May 15, 2020 Jkt 250001 desk in Suite 4E401. Individuals may inspect copies of the petition and comments during normal business hours at the address listed above. MSHA will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202–693– 9557 (voice), Noe.Song-Ae.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. I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. The application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements for filing petitions for modification. II. Petitions for Modification Docket Number: M–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, Colorado. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests an amended petition for 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 Foidel Creek mine. The operator previously submitted a petition 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, which was published by the Federal Register on PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 29751 January 27, 2020. The operator submitted the amended petition below to include in the previous petition the use of a powered respirable protection unit called the CleanSpace EX Powered Respirator in or inby the last open crosscut under the same conditions as was proposed for the VersafloTM TR–800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) product. 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 was the last opportunity to order the Airstream components. (c) There are currently no replacement 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). However, it is not MSHA-approved and 3M is not pursuing MSHA approval. (e) Another type of PAPR called the CleanSpace EX Power Unit, which is manufactured by CleanSpace is also determined to be intrinsically safe under IECEx and other countries’ standards. However, the Cleanspace EX Power Unit is not approved by MSHA and CleanSpace is not pursuing MSHA approval. The petitioner proposes the following alternative method: (1) The operator is petitioning to use the VersafloTM TR–800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit 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. E:\FR\FM\18MYN1.SGM 18MYN1 jbell on DSKJLSW7X2PROD with NOTICES 29752 Federal Register / Vol. 85, No. 96 / Monday, May 18, 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–2019–068–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, Colorado. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests an amended petition for 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 Foidel Creek mine. The operator previously submitted a petition to use a battery powered respirable protection unit called a VersafloTM TR–800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) in return airways, which was published by the Federal Register on January 27, 2020. The operator submitted the amended petition below to include in the previous petition the use of a powered respirable protection unit called the CleanSpace EX Powered Respirator in return airways under the same conditions as was proposed for the VersafloTM TR–800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) product. 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 was VerDate Sep<11>2014 18:03 May 15, 2020 Jkt 250001 the last opportunity to order the Airstream components. (c) There are currently no replacement 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. (e) Another type of PAPR called the CleanSpace EX Power Unit, which is manufactured by CleanSpace, is also determined to be intrinsically safe under IECEx and other countries’ standards. However, the Cleanspace EX Power Unit is not approved by MSHA and CleanSpace is not pursuing MSHA approval. The petitioner proposes the following alternative method: (1) The operator is petitioning to use the VersafloTM TR–800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit 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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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, Colorado. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests an amended petition for 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 Foidel Creek mine. The operator previously submitted a petition 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, which was published by the Federal Register on January 27, 2020. The operator submitted the amended petition below to include in the previous petition the use of a powered respirable protection unit called the CleanSpace EX Powered Respirator within 150 feet of pillar workings and longwall faces under the same conditions as was proposed for the VersafloTM TR–800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) product. 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 was the last opportunity to order the Airstream components. (c) There are currently no replacement 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. (e) Another type of PAPR called the CleanSpace EX Power Unit, which is manufactured by CleanSpace, is also determined to be intrinsically safe under IECEx and other countries’ standards. However, the Cleanspace EX Power Unit is not approved by MSHA E:\FR\FM\18MYN1.SGM 18MYN1 Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices and CleanSpace is not pursuing MSHA approval. The petitioner proposes the following alternative method: (1) The operator is petitioning to use the VersafloTM TR–800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit 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. Roslyn Fontaine, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2020–10559 Filed 5–15–20; 8:45 am] BILLING CODE 4510–43–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 19–CRB–0011–SD (2018)] jbell on DSKJLSW7X2PROD with NOTICES Distribution of 2018 Satellite Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. AGENCY: The Copyright Royalty Judges solicit comments on a motion of SUMMARY: VerDate Sep<11>2014 18:03 May 15, 2020 Jkt 250001 Allocation Phase claimants for partial distribution of 2018 satellite royalty funds. Comments are due on or before June 17, 2020. ADDRESSES: Interested claimants must submit timely comments using eCRB, the Copyright Royalty Board’s online electronic filing application, at https:// app.crb.gov/. Instructions: All submissions must include a reference to the CRB and this docket number. All submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided. Docket: For access to the docket to read submitted background documents or comments, go to eCRB, the Copyright Royalty Board’s online electronic filing and case management system, at https:// app.crb.gov/, and search for Docket No. 19–CRB–0011–SD (2018). FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Each year satellite carriers must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 119 of the Copyright Act for the retransmission to satellite subscribers of over-the-air television broadcast signals. See 17 U.S.C. 119(b). The Copyright Royalty Judges (Judges) oversee distribution of royalties to copyright owners whose works were included in a qualifying transmission and who timely filed a claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, the Judges may authorize distribution in accordance with a negotiated settlement among all claiming parties. 17 U.S.C. 119(b)(5)(A), 801(b)(3)(A). If all claimants do not reach an agreement with respect to the royalties, the Judges must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 119(b)(5)(B), 801(b)(3)(B). Alternatively, the Judges may, on motion of claimants and on notice to all interested parties, authorize a partial distribution of royalties, reserving on deposit sufficient funds to resolve identified disputes. 17 U.S.C. 119(b)(5)(C), 801(b)(3)(C). On May 11, 2020, representatives of all the Allocation Phase (formerly ‘‘Phase I’’) claimant categories 1 filed DATES: 1 The representatives are Program Suppliers, Joint Sports Claimants, Broadcaster Claimants Group, Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 29753 with the Judges a motion requesting a partial distribution amounting to 40% of the 2018 satellite royalty funds on deposit pursuant to section 801(b)(3)(C) of the Copyright Act. That statutory section requires that, before ruling on the motion, the Judges publish a notice in the Federal Register seeking responses to the motion for partial distribution to ascertain whether any claimant entitled to receive the subject royalties has a reasonable objection to the requested distribution. 17 U.S.C. 801(b)(3)(C). Accordingly, this notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 40% of the 2018 satellite royalty funds to the Allocation Phase Claimants. Parties objecting to the proposed partial distribution must advise the Judges of the existence and extent of all their objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of the comment period. Members of the public may read the motion by accessing the Copyright Royalty Board’s electronic filing and case management system at https:// app.crb.gov/and searching for Docket No. 19–CRB–0011–SD (2018). Dated: May 13, 2020. Jesse M. Feder, Chief U.S. Copyright Royalty Judge. [FR Doc. 2020–10608 Filed 5–15–20; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 19–CRB–0010–CD (2018)] Distribution of 2018 Cable Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. AGENCY: The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2018 cable royalty funds. DATES: Comments are due on or before June 17, 2020. ADDRESSES: Interested claimants must submit timely comments using eCRB, SUMMARY: Music, Inc., and SESAC, Inc.), and Devotional Claimants, which represent traditionally recognized claimant categories. The Judges have not determined, and do not by this notice determine, the universe of claimant categories for 2018 satellite retransmission royalties. E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29751-29753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10559]


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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.

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

SUMMARY: This notice is a summary of three 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 June 17, 2020.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Roslyn B. Fontaine, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petition and 
comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9557 (voice), [email protected] (email), or 202-693-9441 (facsimile). [These are not toll-
free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-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, Colorado.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests an amended petition 
for 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 Foidel Creek mine. The operator previously submitted 
a petition 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, which was 
published by the Federal Register on January 27, 2020. The operator 
submitted the amended petition below to include in the previous 
petition the use of a powered respirable protection unit called the 
CleanSpace EX Powered Respirator in or inby the last open crosscut 
under the same conditions as was proposed for the VersafloTM 
TR-800 Intrinsically Safe Powered Air Purifying Respirator (PAPR) 
product.
    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 was the last opportunity to order the 
Airstream components.
    (c) There are currently no replacement 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). However, it is not MSHA-approved and 3M is not 
pursuing MSHA approval.
    (e) Another type of PAPR called the CleanSpace EX Power Unit, which 
is manufactured by CleanSpace is also determined to be intrinsically 
safe under IECEx and other countries' standards. However, the 
Cleanspace EX Power Unit is not approved by MSHA and CleanSpace is not 
pursuing MSHA approval.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit 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 29752]]

    (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, Colorado.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests an amended petition 
for 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 Foidel Creek mine. The operator previously submitted 
a petition to use a battery powered respirable protection unit called a 
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying 
Respirator (PAPR) in return airways, which was published by the Federal 
Register on January 27, 2020. The operator submitted the amended 
petition below to include in the previous petition the use of a powered 
respirable protection unit called the CleanSpace EX Powered Respirator 
in return airways under the same conditions as was proposed for the 
VersafloTM TR-800 Intrinsically Safe Powered Air Purifying 
Respirator (PAPR) product.
    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 was the last opportunity to order the 
Airstream components.
    (c) There are currently no replacement 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.
    (e) Another type of PAPR called the CleanSpace EX Power Unit, which 
is manufactured by CleanSpace, is also determined to be intrinsically 
safe under IECEx and other countries' standards. However, the 
Cleanspace EX Power Unit is not approved by MSHA and CleanSpace is not 
pursuing MSHA approval.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit 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, Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests an amended petition 
for 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 Foidel Creek mine. The operator previously submitted 
a petition 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, which was published by the Federal Register on January 27, 2020. 
The operator submitted the amended petition below to include in the 
previous petition the use of a powered respirable protection unit 
called the CleanSpace EX Powered Respirator within 150 feet of pillar 
workings and longwall faces under the same conditions as was proposed 
for the VersafloTM TR-800 Intrinsically Safe Powered Air 
Purifying Respirator (PAPR) product.
    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 was the last opportunity to order the 
Airstream components.
    (c) There are currently no replacement 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.
    (e) Another type of PAPR called the CleanSpace EX Power Unit, which 
is manufactured by CleanSpace, is also determined to be intrinsically 
safe under IECEx and other countries' standards. However, the 
Cleanspace EX Power Unit is not approved by MSHA

[[Page 29753]]

and CleanSpace is not pursuing MSHA approval.
    The petitioner proposes the following alternative method:
    (1) The operator is petitioning to use the VersafloTM 
TR-800 Intrinsically Safe PAPR and the CleanSpace EX Power Unit 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.

Roslyn Fontaine,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-10559 Filed 5-15-20; 8:45 am]
 BILLING CODE 4510-43-P
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