Petitions for Modification of Application of Existing Mandatory Safety Standards, 27898-27899 [2021-10875]
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
period, the State Workforce Agency will
furnish a written notice of potential
entitlement to each individual who has
exhausted all rights to regular benefits
and is potentially eligible for EB (20
CFR 615.13 (c)(1)).
Persons who believe they may be
entitled to EB, or who wish to inquire
about their rights under the program,
should contact their State Workforce
Agency.
U.S.
Department of Labor, Employment and
Training Administration, Office of
Unemployment Insurance Room
S–4524, Attn: Thomas Stengle, 200
Constitution Avenue NW, Washington,
DC 20210, telephone number (202) 693–
2991 (this is not a toll-free number) or
by email: Stengle.Thomas@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Signed in Washington, DC.
Suzan G. LeVine,
Principal Deputy Assistant Secretary for
Employment and Training.
I. Background
[FR Doc. 2021–10873 Filed 5–21–21; 8:45 am]
BILLING CODE 4510–FW–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 includes the
summaries of three petitions for
modification submitted to the Mine
Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petitions
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before June 23, 2021.
ADDRESSES: You may submit your
comments including the docket number
of the petition 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.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:32 May 21, 2021
Jkt 253001
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.
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petitions for Modification
Docket Number: M–2021–007–C.
Petitioner: Mountain Coal Company,
L.L.C., 5174 Highway 133, Somerset,
Colorado (ZIP 81434).
Mine: West Elk Mine, MSHA ID No.
05–03672, located in Gunnison 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), as it
relates to the use of an alternative
method of respirable dust protection for
longwall miners at the West Elk Mine in
Colorado. Specifically, the petitioner is
applying to use the battery-powered 3M
Versaflo TR–800 Respirator in return air
outby the last open crosscut.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
The petitioner states that:
(a) The current 3M Airstream
Powered Air Purifying Respirator
(PAPR), mining Headgear-Mounted
model, is approved by MSHA but has
been discontinued by the manufacturer,
3M. The 3M Airstream model allows for
constantly filtered air to flow, reducing
exposure to respirable dust.
(b) There are no other MSHAapproved PAPRs.
(c) The 3M Versaflo TR–800 PAPR is
intrinsically safe and certified under
ANSI/UL 60079–11 standard for
hazardous locations.
(d) The 3M Versaflo TR–800 PAPR
allows for increased movement in tight
spaces, while protecting against dust
contamination. It is easy to use. It, has
interchangeable components for specific
applications, audible and visual alarms
for restricted flow, a multi speed
blower, and long run battery times. It
charges quickly.
The petitioner proposes the following
alternative method:
(a) The petitioner will use the 3M
Versaflo TR–800 PAPR in or inby the
last open crosscut to protect miners
from exposure to respirable dust during
regular longwall mining operations.
(b) When not in operation, batteries
for the PAPR will be charged on the
surface or underground in intake air and
not within 150 feet of a worked out area.
(c) Batteries will be inspected and
changed at the surface or underground
in intake air.
(d) Battery charging products used
will be the 3M TR–641N or the 3M 4station battery charger TR–644N.
(e) The 3M Versaflo TR–800 will
exclusively use the 3M TR–830 battery
pack.
(f) Before beginning use, miners will
be trained on how to safely use, care for,
and inspect 3M Versaflo TR–800 PAPR
units per the manufacturer’s
instructions.
(g) The 3M Versaflo TR-will be
assessed for physical damage and
integrity of the unit’s case before each
use.
(h) The product will not be used if a
methane level is found to be at or above
1.0 percent. If methane levels are higher
than 1.0 percent, the equipment will
immediately be de-energized and
withdrawn from affected areas.
(i) The product will not be used in
continuous miner sections alongside
proximity detection systems.
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–2021–008–C.
E:\FR\FM\24MYN1.SGM
24MYN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Petitioner: Mountain Coal Company,
L.L.C., 5174 Highway 133, Somerset,
Colorado (ZIP 81434).
Mine: West Elk Mine, MSHA ID No.
05–03672, located in Gunnison 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 at the West
Elk Mine in Colorado. Specifically, the
petitioner is applying to utilize the
battery-powered 3M Versaflo TR–800
Respirator for longwall miners in or
inby the last open crosscut at the West
Elk Mine in Colorado.
The petitioner states that:
(a) The current 3M Airstream
Powered Air Purifying Respirator
(PAPR), mining Headgear-Mounted
model, is approved by MSHA but has
been discontinued by the manufacturer,
3M. The 3M Airstream model allows for
constantly filtered air to flow, reducing
exposure to respirable dust.
(b) There are no other MSHAapproved PAPRs.
(c) The 3M Versaflo TR–800 PAPR is
intrinsically safe and certified under
ANSI/UL 60079–11 standard for
hazardous locations.
(d) The 3M Versaflo TR–800 PAPR
allows for increased movement in tight
spaces, while protecting against dust
contamination. It is easy to use. It, has
interchangeable components for specific
applications, audible and visual alarms
for restricted flow, a multi speed
blower, and long run battery times. It
charges quickly.
The petitioner proposes the following
alternative method:
(a) The petitioner will use the 3M
Versaflo TR–800 PAPR in or inby the
last open crosscut to protect miners
from exposure to respirable dust during
regular longwall mining operations.
(b) When not in operation, batteries
for the PAPR will be charged on the
surface or underground in intake air and
not within 150 feet of a worked out area.
(c) Batteries will be inspected and
changed at the surface or underground
in intake air.
(d) Battery charging products used
will be the 3M TR–641N or the 3M 4station battery charger TR–644N.
(e) The 3M Versaflo TR–800 will
exclusively use the 3M TR–830 battery
pack.
(f) Before beginning use, miners will
be trained on how to safely use, care for,
and inspect 3M Versaflo TR–800 PAPR
units per the manufacturer’s
instructions.
(g) The 3M Versaflo TR-will be
assessed for physical damage and
VerDate Sep<11>2014
17:32 May 21, 2021
Jkt 253001
integrity of the unit’s case before each
use.
(h) The product will not be used if a
methane level is found to be at or above
1.0 percent. If methane levels are higher
than 1.0 percent, the equipment will
immediately be de-energized and
withdrawn from affected areas.
(i) The product will not be used in
continuous miner sections alongside
proximity detection systems.
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–2021–009–C.
Petitioner: Mountain Coal Company,
L.L.C., 5174 Highway 133, Somerset,
Colorado (ZIP 81434).
Mine: West Elk Mine, MSHA ID No.
05–03672, located in Gunnison County,
Colorado.
Regulation Affected: 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 for longwall
miners at the West Elk mine in
Colorado. Specifically, the petitioner is
applying to utilize the battery-powered
3M Versaflo TR–800 Respirator within
150 feet of pillar workings or longwall
faces.
The petitioner states that:
(a) The current 3M Airstream
Powered Air Purifying Respirator
(PAPR), mining Headgear-Mounted
model, is approved by MSHA but has
been discontinued by the manufacturer,
3M. The 3M Airstream model allows for
constantly filtered air to flow, reducing
exposure to respirable dust.
(b) There are no other MSHAapproved PAPRs.
(c) The 3M Versaflo TR–800 PAPR is
intrinsically safe and certified under
ANSI/UL 60079–11 standard for
hazardous locations.
(d) The 3M Versaflo TR–800 PAPR
allows for increased movement in tight
spaces, while protecting against dust
contamination. It is easy to use. It, has
interchangeable components for specific
applications, audible and visual alarms
for restricted flow, a multi speed
blower, and long run battery times. It
charges quickly.
The petitioner proposes the following
alternative method:
(a) The petitioner will use the 3M
Versaflo TR–800 PAPR in or inby the
last open crosscut to protect miners
from exposure to respirable dust during
regular longwall mining operations.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
27899
(b) When not in operation, batteries
for the PAPR will be charged on the
surface or underground in intake air and
not within 150 feet of a worked out area.
(c) Batteries will be inspected and
changed at the surface or underground
in intake air.
(d) Battery charging products used
will be the 3M TR–641N or the 3M 4station battery charger TR–644N.
(e) The 3M Versaflo TR–800 will
exclusively use the 3M TR–830 battery
pack.
(f) Before beginning use, miners will
be trained on how to safely use, care for,
and inspect 3M Versaflo TR–800 PAPR
units per the manufacturer’s
instructions.
(g) The 3M Versaflo TR-will be
assessed for physical damage and
integrity of the unit’s case before each
use.
(h) The product will not be used if a
methane level is found to be at or above
1.0 percent. If methane levels are higher
than 1.0 percent, the equipment will
immediately be de-energized and
withdrawn from affected areas.
(i) The product will not be used in
continuous miner sections alongside
proximity detection systems.
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. 2021–10875 Filed 5–21–21; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0025]
UL LLC: Grant of Expansion of
Recognition and Modification to the
NRTL Program’s List of Appropriate
Test Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the final decision to expand
the scope of recognition for UL LLC as
a Nationally Recognized Testing
Laboratory (NRTL). Additionally, OSHA
announces the final decision to add
eight test standards to the NRTL
Program’s list of appropriate test
standards.
SUMMARY:
E:\FR\FM\24MYN1.SGM
24MYN1
]]>Agencies
[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27898-27899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10875]
-----------------------------------------------------------------------
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 includes the summaries of three petitions for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before June 23, 2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: 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
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2021-007-C.
Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133,
Somerset, Colorado (ZIP 81434).
Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison
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), as it relates to the use of an
alternative method of respirable dust protection for longwall miners at
the West Elk Mine in Colorado. Specifically, the petitioner is applying
to use the battery-powered 3M Versaflo TR-800 Respirator in return air
outby the last open crosscut.
The petitioner states that:
(a) The current 3M Airstream Powered Air Purifying Respirator
(PAPR), mining Headgear-Mounted model, is approved by MSHA but has been
discontinued by the manufacturer, 3M. The 3M Airstream model allows for
constantly filtered air to flow, reducing exposure to respirable dust.
(b) There are no other MSHA-approved PAPRs.
(c) The 3M Versaflo TR-800 PAPR is intrinsically safe and certified
under ANSI/UL 60079-11 standard for hazardous locations.
(d) The 3M Versaflo TR-800 PAPR allows for increased movement in
tight spaces, while protecting against dust contamination. It is easy
to use. It, has interchangeable components for specific applications,
audible and visual alarms for restricted flow, a multi speed blower,
and long run battery times. It charges quickly.
The petitioner proposes the following alternative method:
(a) The petitioner will use the 3M Versaflo TR-800 PAPR in or inby
the last open crosscut to protect miners from exposure to respirable
dust during regular longwall mining operations.
(b) When not in operation, batteries for the PAPR will be charged
on the surface or underground in intake air and not within 150 feet of
a worked out area.
(c) Batteries will be inspected and changed at the surface or
underground in intake air.
(d) Battery charging products used will be the 3M TR-641N or the 3M
4-station battery charger TR-644N.
(e) The 3M Versaflo TR-800 will exclusively use the 3M TR-830
battery pack.
(f) Before beginning use, miners will be trained on how to safely
use, care for, and inspect 3M Versaflo TR-800 PAPR units per the
manufacturer's instructions.
(g) The 3M Versaflo TR-will be assessed for physical damage and
integrity of the unit's case before each use.
(h) The product will not be used if a methane level is found to be
at or above 1.0 percent. If methane levels are higher than 1.0 percent,
the equipment will immediately be de-energized and withdrawn from
affected areas.
(i) The product will not be used in continuous miner sections
alongside proximity detection systems.
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-2021-008-C.
[[Page 27899]]
Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133,
Somerset, Colorado (ZIP 81434).
Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison
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 at the West Elk Mine
in Colorado. Specifically, the petitioner is applying to utilize the
battery-powered 3M Versaflo TR-800 Respirator for longwall miners in or
inby the last open crosscut at the West Elk Mine in Colorado.
The petitioner states that:
(a) The current 3M Airstream Powered Air Purifying Respirator
(PAPR), mining Headgear-Mounted model, is approved by MSHA but has been
discontinued by the manufacturer, 3M. The 3M Airstream model allows for
constantly filtered air to flow, reducing exposure to respirable dust.
(b) There are no other MSHA-approved PAPRs.
(c) The 3M Versaflo TR-800 PAPR is intrinsically safe and certified
under ANSI/UL 60079-11 standard for hazardous locations.
(d) The 3M Versaflo TR-800 PAPR allows for increased movement in
tight spaces, while protecting against dust contamination. It is easy
to use. It, has interchangeable components for specific applications,
audible and visual alarms for restricted flow, a multi speed blower,
and long run battery times. It charges quickly.
The petitioner proposes the following alternative method:
(a) The petitioner will use the 3M Versaflo TR-800 PAPR in or inby
the last open crosscut to protect miners from exposure to respirable
dust during regular longwall mining operations.
(b) When not in operation, batteries for the PAPR will be charged
on the surface or underground in intake air and not within 150 feet of
a worked out area.
(c) Batteries will be inspected and changed at the surface or
underground in intake air.
(d) Battery charging products used will be the 3M TR-641N or the 3M
4- station battery charger TR-644N.
(e) The 3M Versaflo TR-800 will exclusively use the 3M TR-830
battery pack.
(f) Before beginning use, miners will be trained on how to safely
use, care for, and inspect 3M Versaflo TR-800 PAPR units per the
manufacturer's instructions.
(g) The 3M Versaflo TR-will be assessed for physical damage and
integrity of the unit's case before each use.
(h) The product will not be used if a methane level is found to be
at or above 1.0 percent. If methane levels are higher than 1.0 percent,
the equipment will immediately be de-energized and withdrawn from
affected areas.
(i) The product will not be used in continuous miner sections
alongside proximity detection systems.
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-2021-009-C.
Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133,
Somerset, Colorado (ZIP 81434).
Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 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 for longwall miners at
the West Elk mine in Colorado. Specifically, the petitioner is applying
to utilize the battery-powered 3M Versaflo TR-800 Respirator within 150
feet of pillar workings or longwall faces.
The petitioner states that:
(a) The current 3M Airstream Powered Air Purifying Respirator
(PAPR), mining Headgear-Mounted model, is approved by MSHA but has been
discontinued by the manufacturer, 3M. The 3M Airstream model allows for
constantly filtered air to flow, reducing exposure to respirable dust.
(b) There are no other MSHA-approved PAPRs.
(c) The 3M Versaflo TR-800 PAPR is intrinsically safe and certified
under ANSI/UL 60079-11 standard for hazardous locations.
(d) The 3M Versaflo TR-800 PAPR allows for increased movement in
tight spaces, while protecting against dust contamination. It is easy
to use. It, has interchangeable components for specific applications,
audible and visual alarms for restricted flow, a multi speed blower,
and long run battery times. It charges quickly.
The petitioner proposes the following alternative method:
(a) The petitioner will use the 3M Versaflo TR-800 PAPR in or inby
the last open crosscut to protect miners from exposure to respirable
dust during regular longwall mining operations.
(b) When not in operation, batteries for the PAPR will be charged
on the surface or underground in intake air and not within 150 feet of
a worked out area.
(c) Batteries will be inspected and changed at the surface or
underground in intake air.
(d) Battery charging products used will be the 3M TR-641N or the 3M
4- station battery charger TR-644N.
(e) The 3M Versaflo TR-800 will exclusively use the 3M TR-830
battery pack.
(f) Before beginning use, miners will be trained on how to safely
use, care for, and inspect 3M Versaflo TR-800 PAPR units per the
manufacturer's instructions.
(g) The 3M Versaflo TR-will be assessed for physical damage and
integrity of the unit's case before each use.
(h) The product will not be used if a methane level is found to be
at or above 1.0 percent. If methane levels are higher than 1.0 percent,
the equipment will immediately be de-energized and withdrawn from
affected areas.
(i) The product will not be used in continuous miner sections
alongside proximity detection systems.
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. 2021-10875 Filed 5-21-21; 8:45 am]
BILLING CODE 4520-43-P
