Petitions for Modification of Application of Existing Mandatory Safety Standards, 16641-16644 [2021-06484]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
Complainant’s motion for leave to
amend the complaint and notice of
investigation to add the two
12PanelMedical affiliates and update
the address information for
12PanelMedical and AlcoPro. Order No.
8 (March 9, 2021). Specifically, the ID
finds that amending the Complaint and
Notice of Investigation to add the
12PanelMedical affiliates will aid in the
development of the Investigation and is
necessary to avoid prejudicing the
public interest and rights of the parties
to the Investigation. The subject ID finds
that Complainant’s motion is supported
by good cause pursuant to Commission
Rule 210.14(b) (19 CFR 210.14(b)) and
that there is no prejudice to any party
if the motion is granted. No party
petitioned for review of the subject ID.
The Commission has determined not
to review the subject ID. 12Panel Now,
Inc. and Hospital Connect, Inc. are
named respondents in this investigation
and the address information for
respondents 12PanelMedical and
AlcoPro has been updated.
The Commission vote for this
determination took place on March 24,
2021.
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the complainant complete
service for any party/parties without a
method of electronic service noted on
the attached Certificate of Service and
shall file proof of service on the
Electronic Document Information
System (EDIS).
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: March 24, 2021.
Lisa Barton,
Secretary to the Commission.
given that a proposed Consent Decree in
United States, et al. v. Chesapeake
Appalachia, LLC, Civil Action No. 4:21–
00538–MWB, was lodged with the
United States District Court for the
Middle District of Pennsylvania on
March 24, 2021.
This proposed Consent Decree
concerns a complaint filed by the
United States and the Commonwealth of
Pennsylvania, Department of
Environmental Protection, against
Defendant Chesapeake Appalachia, LLC,
pursuant to Sections 309(b) and (d) of
the Clean Water Act, 33 U.S.C. 1319(b)
& (d), to obtain injunctive relief from
and impose civil penalties against the
Defendant for violating the Clean Water
Act by discharging pollutants without a
permit into waters of the United States.
The proposed Consent Decree resolves
these allegations by requiring the
Defendant to restore the impacted areas
and/or perform mitigation and to pay a
civil penalty.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Laura J. Brown, Environmental Defense
Section, Environment and Natural
Resources Division, United States
Department of Justice, Post Office Box
7611, Washington, DC 20044–7611,
pubcomment_eds.enrd@usdoj.gov, and
refer to United States, et al. v.
Chesapeake Appalachia, LLC, DJ # 90–
5–1–1–20432.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the Middle
District of Pennsylvania, Herman T.
Schneebeli Federal Building and United
States Courthouse, 240 West Third
Street, Suite 218, Williamsport, PA
17701. In addition, the proposed
Consent Decree may be examined
electronically at https://www.justice.gov/
enrd/consent-decrees.
Cherie Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2021–06533 Filed 3–29–21; 8:45 am]
BILLING CODE 4410–CW–P
[FR Doc. 2021–06465 Filed 3–29–21; 8:45 am]
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BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
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17:59 Mar 29, 2021
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Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
AGENCY:
PO 00000
Frm 00067
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ACTION:
16641
Notice.
This notice is a summary of
three petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the party
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before April 29, 2021.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: 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: S.
Aromie Noe, Acting Deputy Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk in Suite 4E401.
Individuals may inspect copies of the
petition and comments during normal
business hours at the address listed
above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), 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 (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
SUMMARY:
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
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
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2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements for filing petitions for
modification.
II. Petition for Modification
Docket Number: M–2021–002–C.
Petitioner: Blue Mountain Energy,
Inc., 3607 County Road #65, Rangely,
Colorado (ZIP 81648).
Mine: Deserado Mine, MSHA ID No.
05–03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.507–1(a) Electric
equipment other than power-connection
points; outby the last open crosscut;
return air; permissibility requirements.
Specifically, the petitioner is applying
to utilize the battery-powered
CleanSpace Powered Respirator in the
Deserado Mine in Colorado in return air
outby the last open crosscut.
The petitioner states that:
(a) Blue Mountain Energy currently
uses the 3M Airstream helmet to
provide additional protection for its
miners against exposure to respirable
coal mine dust.
(b) For more than 40 years the 3M
Airstream Headgear-Mounted Powered
Air Purifying Respirator (PAPR) System
has been used by many mine operators
to help protect their workers. Recently
3M indicated they faced multiple key
component supply disruptions for the
Airstream product line, which made it
difficult to provide acceptable supply
service levels. Because of these issues,
3M discontinued the Airstream on or
before June 1, 2020. 3M further
announced that February 2020 was the
final date to place an order for systems
and components and that June 2020 was
the final date to purchase Airstream
components.
(c) Following that discontinuation,
mines using the 3M Airstream do not
have an MSHA-approved alternative
PAPR to provide to miners.
(d) Currently there are no replacement
of 3M PAPRs that meet MSHA
standards for permissibility. Under 30
CFR, electronic equipment must be
approved by MSHA to be used in
underground mines with potentially
explosive atmospheres.
(e) A benefit of using PAPRs is that
they provide a constant flow of air
inside the headtop or helmet, offering
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17:59 Mar 29, 2021
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miners both respiratory protection and
comfort in hot working environments.
(f) Another manufacturer offers an
alternative product for other
environments and applications—the
CleanSpace EX Powered Respirator.
However, the CleanSpace EX Powered
Respirator is not MSHA-approved as
permissible, and the manufacturer is not
pursuing MSHA approval.
(g) The CleanSpace EX Powered
Respirator is intrinsically safe and meets
International Electrotechnical
Commission System for Certification to
Standards Relating to Equipment for
Use in Explosive Atmospheres (IECEx)
approval standards for quality assurance
and protection.
(h) The product provides an
equivalent level of respiratory
protection in underground mining
environments.
The petitioner proposes the following
alternative method:
(a) The petitioner will use the
CleanSpace EX Powered Respirator in
return air outby the last open crosscut.
(b) The equipment shall be examined
at least weekly by a qualified person as
defined in 30 CFR 75.512–2; the
examination results shall be recorded
weekly. Examination entries may be
expunged after one year.
(c) The petitioner shall comply with
30 CFR 75.323.
(d) A qualified person as defined in
30 CFR 75.151 shall monitor methane
for the subject area of the mine as
required by the mandatory standards.
(e) All qualified persons and miners
affected shall receive specific training
on the terms and conditions of the
Decision and Order before using the
equipment in the affected area. A record
of any training on this Decision and
Order shall be kept and provided upon
request by an Authorized
Representative.
(f) Within 60 days of the Decision and
Order issued by MSHA becoming final,
the mine operator shall submit proposed
revisions for its approved 30 CFR 75.370
mine ventilation plan and approved 30
CFR part 48 training plan to the Coal
Mine Safety and Health District
Manager. These proposed revisions
shall specify how the operator will
provide initial and refresher training in
compliance with the terms and
conditions stated in MSHA’s Decision
and Order. When training is conducted,
a MSHA Certificate of Training (Form
5000–23) shall be completed. Comments
shall be included on the Certificate of
Training indicating that the training was
the use of nonpermissible testing
equipment.
(g) The mine operator shall be
responsible for determining that all
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persons including contractors are using
the equipment in accordance with
MSHA’s Decision and Order.
(h) The mine operator shall post this
Decision and Order in unobstructed
locations on the bulletin boards and/or
in other conspicuous places where
notices to miners are ordinarily posted
for a period of not less than 60
consecutive days.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Docket Number: M–2021–003–C.
Petitioner: Blue Mountain Energy,
Inc., 3607 County Road #65, Rangely,
Colorado (ZIP 81648).
Mine: Deserado Mine, MSHA ID No.
05–03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.500(d), as it relates
to the use of an alternative method of
respirable dust protection in the
Deserado Mine in Colorado.
Specifically, the petitioner is applying
to use a battery powered respirable
protection unit called CleanSpace EX
Powered Respirator in or inby the last
open crosscut.
The petitioner states that:
(a) Blue Mountain Energy currently
uses the 3M Airstream helmet to
provide additional protection for its
miners against exposure to respirable
coal mine dust.
(b) For more than 40 years the 3M
Airstream Headgear-Mounted Powered
Air Purifying Respirator (PAPR) System
has been used by many mine operators
to help protect their workers. Recently
3M indicated they faced multiple key
component supply disruptions for the
Airstream product line that created
issues with providing acceptable supply
service levels. Because of these issues,
3M discontinued the Airstream on or
before June 1, 2020. 3M further
announced that February 2020 was the
final date to place an order for systems
and components and that June 2020 was
the final date to purchase Airstream
components.
(c) Following that discontinuation,
mines using the 3M Airstream do not
have an MSHA-approved alternative
PAPR to provide to miners.
(d) Currently there are no 3M
replacement PAPRs that meet MSHA
standards for permissibility. Under 30
CFR, electronic equipment must be
approved by MSHA to be used in
underground mines with potentially
explosive atmospheres.
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30MRN1
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
(e) A benefit of using PAPRs is that
they provide a constant flow of air
inside the headtop or helmet, offering
miners with both respiratory protection
and comfort in hot working
environments.
(f) Another manufacturer offers an
alternative product for other
environments and applications—the
CleanSpace EX Powered Respirator.
However, the CleanSpace EX Powered
Respirator is not MSHA-approved as
permissible, and the manufacturer,
CleanSpace, is not pursuing MSHA
approval.
(g) The CleanSpace EX Powered
Respirator is intrinsically safe and meets
International Electrotechnical
Commission System for Certification to
Standards Relating to Equipment for
Use in Explosive Atmospheres (IECEx)
approval standards for quality assurance
and protection.
(h) The product provides an
equivalent level of respiratory
protection in underground mining
environments.
The petitioner proposes the following
alternative method:
(a) The petitioner is applying to use
the CleanSpace EX Powered Respirator
in or inby the last open crosscut.
(b) The equipment shall be examined
at least weekly by a qualified person as
defined in 30 CFR 75.512–2; the
examination results shall be recorded
weekly. Examination entries may be
expunged after one year.
(c) The petitioner shall comply with
30 CFR 75.323.
(d) A qualified person as defined in in
30 CFR 75.151 shall monitor methane
for the subject area of the mine as
required by the mandatory standards.
(e) All qualified persons and miners
affected shall receive specific training
on the terms and conditions of the
Decision and Order before using the
equipment in the affected area. A record
of any training on this Decision and
Order shall be kept and provided upon
request by an Authorized
Representative.
(f) Within 60 days of the Decision and
Order issued by MSHA becoming final,
the mine operator shall submit proposed
revisions for its approved 30 CFR 75.370
mine ventilation plan and approved 30
CFR part 48 training plan to the Coal
Mine Safety and Health District
Manager. These proposed revisions
shall specify initial and refresher
training regarding the terms and
conditions stated in MSHA’s Decision
and Order. When training is conducted,
a MSHA Certificate of Training (Form
5000–23) shall be completed. Comments
shall be included on the Certificate of
Training indicating that it was
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17:59 Mar 29, 2021
Jkt 253001
nonpermissible testing equipment
training.
(g) The mine operator is responsible
for determining that all persons
including contractors are using the
equipment in accordance with MSHA’s
Decision and Order.
(h) The mine operator shall post this
Decision and Order in unobstructed
locations on the bulletin boards and/or
in other conspicuous places where
notices to miners are ordinarily posted
for a period of not less than 60
consecutive days.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Docket Number: M–2021–004–C.
Petitioner: Blue Mountain Energy,
Inc., 3607 County Road #65, Rangely,
Colorado (ZIP 81648).
Mine: Deserado Mine, MSHA ID No.
05–03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.1002(a), as it relates
to the use of an alternative method of
respirable dust protection in the
Deserado Mine in Colorado.
Specifically, the petitioner is applying
to use a battery powered respirable
protection unit called CleanSpace EX
Powered Respirator within 150 feet of
pillar workings and longwall faces.
The petitioner states that:
(a) Blue Mountain Energy currently
uses the 3M Airstream helmet to
provide additional protection for its
miners against exposure to respirable
coal mine dust.
(b) For more than 40 years the 3M
Airstream Headgear-Mounted Powered
Air Purifying Respirator (PAPR) System
has been used by many mine operators
to help protect their workers. Recently
3M indicated they faced multiple key
component supply disruptions for the
Airstream product line that created
issues with providing acceptable supply
service levels. Because of these issues,
3M discontinued the Airstream on or
before June 1, 2020. 3M further
announced that February 2020 was the
final date to place an order for systems
and components and that June 2020 was
the final date to purchase Airstream
components.
(c) Following that discontinuation,
mines using the 3M Airstream do not
have an MSHA-approved alternative
PAPR to provide to miners.
PO 00000
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16643
(d) Currently there are no replacement
3M PAPRs that meet MSHA standards
for permissibility. Under 30 CFR,
electronic equipment must be approved
by MSHA to be used in underground
mines with potentially explosive
atmospheres.
(e) A benefit of using PAPRs is that
they provide a constant flow of air
inside the headtop or helmet, offering
miners with both respiratory protection
and comfort in hot working
environments.
(f) Another manufacturer offers an
alternative product for other
environments and applications—the
CleanSpace EX Powered Respirator.
However, the CleanSpace EX Power
Respirator is not MSHA-approved as
permissible, and the manufacturer,
CleanSpace, is not pursuing MSHA
approval.
(g) The CleanSpace EX Powered
Respirator is intrinsically safe and meets
International Electrotechnical
Commission System for Certification to
Standards Relating to Equipment for
Use in Explosive Atmospheres (IECEx)
approval standards for quality assurance
and protection.
(h) The product provides an
equivalent level of respiratory
protection in underground mining
environments.
The petitioner proposes the following
alternative method:
(a) The petitioner is applying to use
the CleanSpace EX Powered Respirator
within 150 feet of pillar workings and
longwall faces.
(b) The equipment shall be examined
at least weekly by a qualified person as
defined in 30 CFR 75.512–2; the
examination results shall be recorded
weekly. Examination entries may be
expunged after one year.
(c) The petitioner shall comply with
30 CFR 75.323.
(d) A qualified person as defined in in
30 CFR. 75.151 shall monitor methane
for the subject area of the mine as
required by the mandatory standards.
(e) All qualified persons and miners
affected shall receive specific training
on the terms and conditions of this
Decision and Order before using the
equipment in the affected area. A record
of any training on this Decision and
Order shall be kept and provided upon
request by an Authorized
Representative.
(f) Within 60 days of the Decision and
Order issued by MSHA becoming final,
the mine operator shall submit proposed
revisions for its approved 30 CFR 75.370
mine ventilation plan and approved 30
CFR part 48 training plan to the Coal
Mine Safety and Health District
Manager. These proposed revisions
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16644
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
shall specify initial and refresher
training regarding the terms and
conditions stated in MSHA’s Decision
and Order. When training is conducted,
a MSHA Certificate of Training (Form
5000–23) shall be completed. Comments
shall be included on the Certificate of
Training indicating that it was
nonpermissible testing equipment
training.
(g) The mine operator is responsible
for determining that all persons
including contractors are using the
equipment in accordance with MSHA’s
Decision and Order.
(h) The mine operator shall post this
Decision and Order in unobstructed
locations on the bulletin boards and/or
in other conspicuous places where
notices to miners are ordinarily posted
for a period of not less than 60
consecutive days.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Aromie Noe, Acting Deputy Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk in Suite 4E401.
Individuals may inspect copies of the
petition and comments during normal
business hours at the address listed
above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), 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 (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
Song-ae Aromie Noe,
Acting Deputy Director, Office of Standards,
Regulations, and Variances.
I. Background
[FR Doc. 2021–06484 Filed 3–29–21; 8:45 am]
BILLING CODE 4520–43–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
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the party
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before April 29, 2021.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: 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: S.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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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. Petition for Modification
Docket Number: M–2021–005–C.
Petitioner: Blue Diamond Mining,
LLC, 1021 Tori Drive, Hazard,
Kentucky, (ZIP 41701).
Mine: Calvary Mine #81, MSHA ID
No. 15–12753, located in Leslie County,
Kentucky.
Regulation Affected: 30 CFR 75.364
(Weekly examination). 30 CFR
75.364(b)(2) requires that at least every
7 days an examination for hazardous
conditions shall be made by a certified
person designated by the operator in at
least one entry of each return air course,
in its entirety, so that the entire air
course is traveled.
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Modification Request: For purposes of
weekly examinations, the petitioner
requests a modification of the existing
standard to permit the establishment of
examination points at the upwind and
downwind ends of two impassable 30inch corrugated metal pipes (CMPs), in
lieu of through the pipes.
The petitioner states that:
(a) Prior to 2004, two 30-inch
diameter CMPs extending
approximately 300 feet from the #22
seal set location in Calvary Mine to the
return air course were installed and
used as ventilation control devices. Air
that passed this seal location was
directed through these CMPs with the
quality and quantity checked during
weekly examinations.
(b) The petitioner was recently
notified by MSHA that the ventilation
pipes were no longer acceptable control
devices. Upon the notification, the
petitioner stopped up the devices and
instead allowed intake air to continue
inby toward the working faces.
(c) However, due to overall low
mining height, the newly adopted foot
travel of 2,700 feet through the affected
area is very difficult.
(d) It is also very difficult to construct
conventional overcasts due to the
immediate roof being large grain
sandstone.
The petitioner proposes the following
alternative method:
(a) The petitioner shall use the two
existing 30-inch CMPs for ventilation
controls again to allow air passing from
the #22 seal set location to be directed
back to the return air course and not to
the working faces.
(b) The integrity of the pipe will be
examined daily and the integrity of seal
set #22 will be examined for hazards
twice weekly.
(c) Air measurement stations shall be
established at locations that will allow
effective evaluation of ventilation in the
affected areas. All measurements shall
be made by a certified person on a
weekly basis. A sign shall be posted
designating the location of measuring
stations.
(d) All air measurement stations and
approaches to such stations shall at all
times be maintained in a safe condition.
The roof shall be supported by suitable
means.
(e) The date, time, and results of these
determinations shall be recorded in a
book or on a date board that shall be
provided at each measuring station.
Such results shall also be recorded in a
book kept on the surface and made
accessible to all interested parties.
(f) Evaluations shall be conducted by
a certified person at each of the
monitoring stations weekly. The
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]]>Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16641-16644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06484]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of three petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before April 29, 2021.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, Acting Deputy
Director, Office of Standards, Regulations, and Variances. Persons
delivering documents are required to check in at the receptionist's
desk in Suite 4E401. Individuals may inspect copies of the petition and
comments during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice), [email protected] (email), or 202-693-9441 (facsimile). [These are not toll-
free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
(CFR) part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
[[Page 16642]]
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2021-002-C.
Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65,
Rangely, Colorado (ZIP 81648).
Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.507-1(a) Electric equipment other than
power-connection points; outby the last open crosscut; return air;
permissibility requirements. Specifically, the petitioner is applying
to utilize the battery-powered CleanSpace Powered Respirator in the
Deserado Mine in Colorado in return air outby the last open crosscut.
The petitioner states that:
(a) Blue Mountain Energy currently uses the 3M Airstream helmet to
provide additional protection for its miners against exposure to
respirable coal mine dust.
(b) For more than 40 years the 3M Airstream Headgear-Mounted
Powered Air Purifying Respirator (PAPR) System has been used by many
mine operators to help protect their workers. Recently 3M indicated
they faced multiple key component supply disruptions for the Airstream
product line, which made it difficult to provide acceptable supply
service levels. Because of these issues, 3M discontinued the Airstream
on or before June 1, 2020. 3M further announced that February 2020 was
the final date to place an order for systems and components and that
June 2020 was the final date to purchase Airstream components.
(c) Following that discontinuation, mines using the 3M Airstream do
not have an MSHA-approved alternative PAPR to provide to miners.
(d) Currently there are no replacement of 3M PAPRs that meet MSHA
standards for permissibility. Under 30 CFR, electronic equipment must
be approved by MSHA to be used in underground mines with potentially
explosive atmospheres.
(e) A benefit of using PAPRs is that they provide a constant flow
of air inside the headtop or helmet, offering miners both respiratory
protection and comfort in hot working environments.
(f) Another manufacturer offers an alternative product for other
environments and applications--the CleanSpace EX Powered Respirator.
However, the CleanSpace EX Powered Respirator is not MSHA-approved as
permissible, and the manufacturer is not pursuing MSHA approval.
(g) The CleanSpace EX Powered Respirator is intrinsically safe and
meets International Electrotechnical Commission System for
Certification to Standards Relating to Equipment for Use in Explosive
Atmospheres (IECEx) approval standards for quality assurance and
protection.
(h) The product provides an equivalent level of respiratory
protection in underground mining environments.
The petitioner proposes the following alternative method:
(a) The petitioner will use the CleanSpace EX Powered Respirator in
return air outby the last open crosscut.
(b) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.512-2; the examination results shall be
recorded weekly. Examination entries may be expunged after one year.
(c) The petitioner shall comply with 30 CFR 75.323.
(d) A qualified person as defined in 30 CFR 75.151 shall monitor
methane for the subject area of the mine as required by the mandatory
standards.
(e) All qualified persons and miners affected shall receive
specific training on the terms and conditions of the Decision and Order
before using the equipment in the affected area. A record of any
training on this Decision and Order shall be kept and provided upon
request by an Authorized Representative.
(f) Within 60 days of the Decision and Order issued by MSHA
becoming final, the mine operator shall submit proposed revisions for
its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR
part 48 training plan to the Coal Mine Safety and Health District
Manager. These proposed revisions shall specify how the operator will
provide initial and refresher training in compliance with the terms and
conditions stated in MSHA's Decision and Order. When training is
conducted, a MSHA Certificate of Training (Form 5000-23) shall be
completed. Comments shall be included on the Certificate of Training
indicating that the training was the use of nonpermissible testing
equipment.
(g) The mine operator shall be responsible for determining that all
persons including contractors are using the equipment in accordance
with MSHA's Decision and Order.
(h) The mine operator shall post this Decision and Order in
unobstructed locations on the bulletin boards and/or in other
conspicuous places where notices to miners are ordinarily posted for a
period of not less than 60 consecutive days.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-003-C.
Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65,
Rangely, Colorado (ZIP 81648).
Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.500(d), as it relates to the use of an
alternative method of respirable dust protection in the Deserado Mine
in Colorado. Specifically, the petitioner is applying to use a battery
powered respirable protection unit called CleanSpace EX Powered
Respirator in or inby the last open crosscut.
The petitioner states that:
(a) Blue Mountain Energy currently uses the 3M Airstream helmet to
provide additional protection for its miners against exposure to
respirable coal mine dust.
(b) For more than 40 years the 3M Airstream Headgear-Mounted
Powered Air Purifying Respirator (PAPR) System has been used by many
mine operators to help protect their workers. Recently 3M indicated
they faced multiple key component supply disruptions for the Airstream
product line that created issues with providing acceptable supply
service levels. Because of these issues, 3M discontinued the Airstream
on or before June 1, 2020. 3M further announced that February 2020 was
the final date to place an order for systems and components and that
June 2020 was the final date to purchase Airstream components.
(c) Following that discontinuation, mines using the 3M Airstream do
not have an MSHA-approved alternative PAPR to provide to miners.
(d) Currently there are no 3M replacement PAPRs that meet MSHA
standards for permissibility. Under 30 CFR, electronic equipment must
be approved by MSHA to be used in underground mines with potentially
explosive atmospheres.
[[Page 16643]]
(e) A benefit of using PAPRs is that they provide a constant flow
of air inside the headtop or helmet, offering miners with both
respiratory protection and comfort in hot working environments.
(f) Another manufacturer offers an alternative product for other
environments and applications--the CleanSpace EX Powered Respirator.
However, the CleanSpace EX Powered Respirator is not MSHA-approved as
permissible, and the manufacturer, CleanSpace, is not pursuing MSHA
approval.
(g) The CleanSpace EX Powered Respirator is intrinsically safe and
meets International Electrotechnical Commission System for
Certification to Standards Relating to Equipment for Use in Explosive
Atmospheres (IECEx) approval standards for quality assurance and
protection.
(h) The product provides an equivalent level of respiratory
protection in underground mining environments.
The petitioner proposes the following alternative method:
(a) The petitioner is applying to use the CleanSpace EX Powered
Respirator in or inby the last open crosscut.
(b) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.512-2; the examination results shall be
recorded weekly. Examination entries may be expunged after one year.
(c) The petitioner shall comply with 30 CFR 75.323.
(d) A qualified person as defined in in 30 CFR 75.151 shall monitor
methane for the subject area of the mine as required by the mandatory
standards.
(e) All qualified persons and miners affected shall receive
specific training on the terms and conditions of the Decision and Order
before using the equipment in the affected area. A record of any
training on this Decision and Order shall be kept and provided upon
request by an Authorized Representative.
(f) Within 60 days of the Decision and Order issued by MSHA
becoming final, the mine operator shall submit proposed revisions for
its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR
part 48 training plan to the Coal Mine Safety and Health District
Manager. These proposed revisions shall specify initial and refresher
training regarding the terms and conditions stated in MSHA's Decision
and Order. When training is conducted, a MSHA Certificate of Training
(Form 5000-23) shall be completed. Comments shall be included on the
Certificate of Training indicating that it was nonpermissible testing
equipment training.
(g) The mine operator is responsible for determining that all
persons including contractors are using the equipment in accordance
with MSHA's Decision and Order.
(h) The mine operator shall post this Decision and Order in
unobstructed locations on the bulletin boards and/or in other
conspicuous places where notices to miners are ordinarily posted for a
period of not less than 60 consecutive days.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-004-C.
Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65,
Rangely, Colorado (ZIP 81648).
Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1002(a), as it relates to the use of an
alternative method of respirable dust protection in the Deserado Mine
in Colorado. Specifically, the petitioner is applying to use a battery
powered respirable protection unit called CleanSpace EX Powered
Respirator within 150 feet of pillar workings and longwall faces.
The petitioner states that:
(a) Blue Mountain Energy currently uses the 3M Airstream helmet to
provide additional protection for its miners against exposure to
respirable coal mine dust.
(b) For more than 40 years the 3M Airstream Headgear-Mounted
Powered Air Purifying Respirator (PAPR) System has been used by many
mine operators to help protect their workers. Recently 3M indicated
they faced multiple key component supply disruptions for the Airstream
product line that created issues with providing acceptable supply
service levels. Because of these issues, 3M discontinued the Airstream
on or before June 1, 2020. 3M further announced that February 2020 was
the final date to place an order for systems and components and that
June 2020 was the final date to purchase Airstream components.
(c) Following that discontinuation, mines using the 3M Airstream do
not have an MSHA-approved alternative PAPR to provide to miners.
(d) Currently there are no replacement 3M PAPRs that meet MSHA
standards for permissibility. Under 30 CFR, electronic equipment must
be approved by MSHA to be used in underground mines with potentially
explosive atmospheres.
(e) A benefit of using PAPRs is that they provide a constant flow
of air inside the headtop or helmet, offering miners with both
respiratory protection and comfort in hot working environments.
(f) Another manufacturer offers an alternative product for other
environments and applications--the CleanSpace EX Powered Respirator.
However, the CleanSpace EX Power Respirator is not MSHA-approved as
permissible, and the manufacturer, CleanSpace, is not pursuing MSHA
approval.
(g) The CleanSpace EX Powered Respirator is intrinsically safe and
meets International Electrotechnical Commission System for
Certification to Standards Relating to Equipment for Use in Explosive
Atmospheres (IECEx) approval standards for quality assurance and
protection.
(h) The product provides an equivalent level of respiratory
protection in underground mining environments.
The petitioner proposes the following alternative method:
(a) The petitioner is applying to use the CleanSpace EX Powered
Respirator within 150 feet of pillar workings and longwall faces.
(b) The equipment shall be examined at least weekly by a qualified
person as defined in 30 CFR 75.512-2; the examination results shall be
recorded weekly. Examination entries may be expunged after one year.
(c) The petitioner shall comply with 30 CFR 75.323.
(d) A qualified person as defined in in 30 CFR. 75.151 shall
monitor methane for the subject area of the mine as required by the
mandatory standards.
(e) All qualified persons and miners affected shall receive
specific training on the terms and conditions of this Decision and
Order before using the equipment in the affected area. A record of any
training on this Decision and Order shall be kept and provided upon
request by an Authorized Representative.
(f) Within 60 days of the Decision and Order issued by MSHA
becoming final, the mine operator shall submit proposed revisions for
its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR
part 48 training plan to the Coal Mine Safety and Health District
Manager. These proposed revisions
[[Page 16644]]
shall specify initial and refresher training regarding the terms and
conditions stated in MSHA's Decision and Order. When training is
conducted, a MSHA Certificate of Training (Form 5000-23) shall be
completed. Comments shall be included on the Certificate of Training
indicating that it was nonpermissible testing equipment training.
(g) The mine operator is responsible for determining that all
persons including contractors are using the equipment in accordance
with MSHA's Decision and Order.
(h) The mine operator shall post this Decision and Order in
unobstructed locations on the bulletin boards and/or in other
conspicuous places where notices to miners are ordinarily posted for a
period of not less than 60 consecutive days.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Acting Deputy Director, Office of Standards, Regulations, and
Variances.
[FR Doc. 2021-06484 Filed 3-29-21; 8:45 am]
BILLING CODE 4520-43-P
