Petitions for Modification of Application of Existing Mandatory Safety Standards, 30984-30987 [2021-12161]
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30984
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
approved finished dosage forms for
commercial sale.
William T. McDermott,
Assistant Administrator.
[FR Doc. 2021–12209 Filed 6–9–21; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On June 2, 2021, the Department of
Justice lodged with the United States
District Court for the Southern District
of Indiana a Consent Decree in United
States and State of Indiana v. Lone Star
Industries, Inc. Civ. No. 2:21–cv–233–
JRS–MJD.
The proposed Consent Decree settles
claims brought by the United States and
State of Indiana against Lone Star for
violations of the Clean Air Act and Title
13 of the Indiana Code (including
regulations and permits issued
thereunder) at the cement
manufacturing facility it owns and
operates in Greencastle, Indiana. The
Consent Decree resolves these claims
and requires Lone Star to (1) pay a civil
penalty of $729,000 to be split evenly
between the state and United States; (2)
implement specified measures designed
to prevent the continuation or
reoccurrence of the violations alleged,
and (3) complete various mitigation
projects to offset harm caused by its past
violations.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division and should
refer to United States and State of
Indiana v. Lone Star Industries, Inc. D.J.
Ref. No. 90–5–2–1–09889/4. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
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By mail .........
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
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17:15 Jun 09, 2021
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We will provide a paper copy of the
proposed Consent Decree upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $12.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
should contact their State Workforce
Agency.
FOR FURTHER INFORMATION CONTACT: 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.
Patricia A. McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
Signed in Washington, DC.
Suzan G. LeVine,
Principal Deputy Assistant Secretary for
Employment and Training.
[FR Doc. 2021–12115 Filed 6–9–21; 8:45 am]
[FR Doc. 2021–12158 Filed 6–9–21; 8:45 am]
BILLING CODE 4410–15–P
BILLING CODE 4510–FW–P
DEPARTMENT OF LABOR
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Employment and Training
Administration
Notice of a Change in Status of the
Extended Benefit (EB) Program for
Colorado
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice announces a change in
benefit period eligibility under the EB
program that has occurred since the
publication of the last notice regarding
the State’s EB status:
• Based on the data released by the
Bureau of Labor Statistics on May 21,
2021, the seasonally-adjusted TUR for
Colorado fell below the 6.5% threshold
necessary to remain ‘‘on’’ in EB.
Therefore the payable period in EB for
Colorado will end on June 12, 2021.
The trigger notice covering state
eligibility for the EB program can be
found at: https://ows.doleta.gov/
unemploy/claims_arch.as.
Information for Claimants
The duration of benefits payable in
the EB program, and the terms and
conditions on which they are payable,
are governed by the Federal-State
Extended Unemployment Compensation
Act of 1970, as amended, and the
operating instructions issued to the
states by the U.S. Department of Labor.
In the case of a state beginning an EB
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,
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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 July 12, 2021.
ADDRESSES: You may submit your
comments including the docket number
of the petition by any of the following
methods:
1. Electronic Mail: 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: Jessica
D. Senk, Director, Office of Standards,
Regulations, and Variances. Persons
delivering documents are required to
check in at the receptionist’s desk in
Suite 4E401. Individuals may inspect
copies of the petition and comments
during normal business hours at the
address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Jessica Senk, Office of Standards,
SUMMARY:
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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
Regulations, and Variances at 202–693–
9440 (voice), Senk.Jessica@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.
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.
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II. Petitions for Modification
Docket Number: M–2021–022–C.
Petitioner: Buchanan Minerals, LLC,
1636 Honaker Branch Road, Oakwood,
Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA
ID No. 44–04856, located in Buchanan
County, Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.507–1(a), as it
relates to the use of an alternative
method of respirable dust protection for
miners at the Buchanan No. 1 Mine in
Virginia. Specifically, the petitioner is
applying to use a battery powered
respirable protection unit called the
CleanSpace EX Powered Respirator
(CleanSpace EX) in return air outby the
last open crosscut.
The petitioner states that:
(a) The petitioner is seeking an
alternative to the 3M Airstream helmet
to provide miners with respirable
protection against coal mine dust, a
protection that can provide long-term
health benefits.
(b) The 3M Airstream helmet has been
used in mines for over 40 years.
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(c) 3M has recently faced component
disruptions for the Airstream product.
3M globally discontinued the Airstream
on June 1, 2020. The ability to order an
Airstream system and components
ended in February 2020. Components
were available through June 2020.
(d) Currently, there are no available
replacement positive pressure airpurifying respirators (PAPRs) that meet
the MSHA standard for permissibility.
(e) PAPRs provide a constant flow of
filtered air, which offers respiratory
protection and comfort in hot working
environments.
(f) Operators that were using the
Airstream, do not have an approved
alternative to provide this type of
protection to its miners.
(g) The CleanSpace EX is UL certified
to the ANSI/UL 60079–11 standard and
can be used in hazardous locations
because it meets the intrinsic safety
protection level and is acceptable in
other jurisdictions to use in mines with
the potential for methane accumulation.
(h) The CleanSpace EX is not MSHAapproved and the manufacturer is not
pursuing approval.
(i) The ANSI/UL standards for the
approval of these respirators are an
accepted alternative to MSHA standards
and provide the same level of
protection.
(j) The product uses a lithium
polymer battery that is not detachable
from the electrical circuit. It charges as
a complete unit.
(k) The CleanSpace EX allows for
more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSHapproved high-capacity high-efficiency
particulate air (HEPA)/vapor filter for a
half mask and a HEPA particulate filter
for the full facemask. The product does
not impair vision or communication.
The product allows for the miner to
simultaneously wear the issued hardhat
with a headlamp.
(m) The CleanSpace EX uses
technology placing the filter housing
and fan assembly above the shoulders to
reduce ergonomic restrictions, freeing
the miner from having to wear the fan
and filter unit around the waist.
(n) There are no hose attachments to
the unit, which could create added
hazards.
The petitioner proposes the following
alternative method:
(a) The equipment will be examined
at least weekly by a qualified person
according to 30 CFR 75.512 and
examination results will be recorded
weekly and records will be available for
examination for one year.
(b) CleanSpace EX units will be
charged outby the last open crosscut
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30985
and will utilize the manufacturer
approved battery charger.
(c) A qualified person under 30 CFR
75.151 will monitor for methane as is
required by the standard in the affected
areas of the mine.
(d) Employees will be trained on how
to properly use and take care of the
CleanSpace EX according to
manufacturer guidelines.
(e) Qualified miners will receive
training regarding the information in the
Decision and Order before using the
equipment in the relevant part of the
mine. A record of the training will be
kept and available upon request.
(f) Within 60 days of the Decision and
Order becoming finalized, the petitioner
will submit proposed revisions to 30
CFR 75.370, mine ventilation, to be
approved under the 30 CFR part 48
training plan by the Coal Mine Safety
and Health District Manager. The
revisions will specify initial and
refresher training. When the training is
conducted, the MSHA Certificate of
Training (Form 5000–23) will be
completed. Comments will be made on
the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Docket Number: M–2021–023–C.
Petitioner: Buchanan Minerals, LLC,
1636 Honaker Branch Road, Oakwood,
Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA
ID No. 44–04856, located in Buchanan
County, Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.500(d), as it relates
to the use of an alternative method of
respirable dust protection for miners at
the Buchanan No. 1 Mine in Virginia.
Specifically, the petitioner is applying
to use a battery powered respirable
protection unit called the CleanSpace
EX Powered Respirator (CleanSpace EX)
in or inby the last open crosscut.
The petitioner states that:
(a) The petitioner is seeking an
alternative to the 3M Airstream helmet
to provide miners with respirable
protection against coal mine dust, a
protection that can provide long-term
health benefits.
(b) The 3M Airstream helmet has been
used in mines for over 40 years.
(c) 3M has recently faced component
disruptions for the Airstream product.
3M globally discontinued the Airstream
on June 1, 2020. The ability to order an
Airstream system and components
E:\FR\FM\10JNN1.SGM
10JNN1
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30986
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
ended in February 2020. Components
were available through June 2020.
(d) Currently, there are no available
replacement positive pressure airpurifying respirators (PAPRs) that meet
the MSHA standard for permissibility.
(e) PAPRs provide a constant flow of
filtered air, which offers respiratory
protection and comfort in hot working
environments.
(f) Operators that were using the
Airstream do not have an approved
alternative to provide this type of
protection to its miners.
(g) The CleanSpace EX is UL certified
to the ANSI/UL 60079–11 standard and
can be used in hazardous locations
because it meets the intrinsic safety
protection level and is acceptable in
other jurisdictions to use in mines with
the potential for methane accumulation.
(h) The CleanSpace EX is not MSHAapproved and the manufacturer is not
pursuing approval.
(i) The ANSI/UL standards for the
approval of these respirators are an
accepted alternative to MSHA standards
and provide the same level of
protection.
(j) The product uses a lithium
polymer battery that is not detachable
from the electrical circuit. It charges as
a complete unit.
(k) The CleanSpace EX allows for
more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSHapproved high-capacity high-efficiency
particulate air (HEPA)/vapor filter for a
half mask and a HEPA particulate filter
for the full facemask. The product does
not impair vision or communication.
The product allows for the miner to
simultaneously wear the issued hardhat
with a headlamp.
(m) The CleanSpace EX uses
technology placing the filter housing
and fan assembly above the shoulders to
reduce ergonomic restrictions, freeing
the miner from having to wear the fan
and filter unit around the waist.
(n) There are no hose attachments to
the unit, which could create added
hazards.
The petitioner proposes the following
alternative method:
(a) The equipment will be examined
at least weekly by a qualified person
according to 30 CFR 75.512 and
examination results will be recorded
weekly and records will be available for
examination for one year.
(b) CleanSpace EX units will be
charged outby the last open crosscut
and will utilize the manufacturer
approved battery charger.
(c) A qualified person under 30 CFR
75.151 will monitor for methane as is
VerDate Sep<11>2014
17:15 Jun 09, 2021
Jkt 253001
required by the standard in the affected
areas of the mine.
(d) Employees will be trained on how
to properly use and take care of the
CleanSpace EX according to
manufacturer guidelines.
(e) Qualified miners will receive
training regarding the information in the
Decision and Order before using the
equipment in the relevant part of the
mine. A record of the training will be
kept and available upon request.
(f) Within 60 days of the Decision and
Order becoming finalized, the petitioner
will submit proposed revisions to 30
CFR 75.370, mine ventilation, to be
approved under the 30 CFR part 48
training plan by the Coal Mine Safety
and Health District Manager. The
revisions will specify initial and
refresher training. When the training is
conducted, the MSHA Certificate of
Training (Form 5000–23) will be
completed. Comments will be made on
the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Docket Number: M–2021–024–C.
Petitioner: Buchanan Minerals, LLC,
1636 Honaker Branch Road, Oakwood,
Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA
ID No. 44–04856, located in Buchanan
County, Virginia.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 30 CFR 75.1002(a), as
it relates to the use of an alternative
method of respirable dust protection for
miners at the Buchanan No. 1 Mine in
Virginia. Specifically, the petitioner is
applying to use a battery powered
respirable protection unit called the
CleanSpace EX Powered Respirator
(CleanSpace EX) within 150 feet of
pillar workings and longwall faces.
The petitioner states that:
(a) The petitioner is seeking an
alternative to the 3M Airstream helmet
to provide miners with respirable
protection against coal mine dust, a
protection that can provide long-term
health benefits.
(b) The 3M Airstream helmet has been
used in mines for over 40 years.
(c) 3M has recently faced component
disruptions for the Airstream product.
3M globally discontinued the Airstream
on June 1, 2020. The ability to order an
Airstream system and components
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
ended in February 2020. Components
were available through June 2020.
(d) Currently, there are no available
replacement positive pressure airpurifying respirators (PAPRs) that meet
the MSHA standard for permissibility.
(e) PAPRs provide a constant flow of
filtered air, which offers respiratory
protection and comfort in hot working
environments.
(f) Operators that were using the
Airstream, do not have an approved
alternative to provide this type of
protection to its miners.
(g) The CleanSpace EX is UL certified
to the ANSI/UL 60079–11 standard and
can be used in hazardous locations
because it meets the intrinsic safety
protection level and is acceptable in
other jurisdictions to use in mines with
the potential for methane accumulation.
(h) The CleanSpace EX is not MSHA
approved and the manufacturer is not
pursuing approval.
(i) The ANSI/UL standards for the
approval of these respirators are an
accepted alternative to MSHA standards
and provide the same level of
protection.
(j) The product uses a lithium
polymer battery that is not detachable
from the electrical circuit. It charges as
a complete unit.
(k) The CleanSpace EX allows for
more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSHapproved high-capacity high-efficiency
particulate air (HEPA)/vapor filter for a
half mask and a HEPA particulate filter
for the full facemask. The product does
not impair vision or communication.
The product allows for the miner to
simultaneously wear the issued hardhat
with a headlamp.
(m) The CleanSpace EX uses
technology placing the filter housing
and fan assembly above the shoulders to
reduce ergonomic restrictions, freeing
the miner from having to wear the fan
and filter unit around the waist.
(n) There are no hose attachments to
the unit, which could create added
hazards.
The petitioner proposes the following
alternative method:
(a) The equipment will be examined
at least weekly by a qualified person
according to 30 CFR 75.512 and
examination results will be recorded
weekly and records will be available for
examination for one year.
(b) CleanSpace EX units will be
charged outby the last open crosscut
and will utilize the manufacturer
approved battery charger.
(c) A qualified person under 30 CFR
75.151 will monitor for methane as is
E:\FR\FM\10JNN1.SGM
10JNN1
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
required by the standard in the affected
areas of the mine.
(d) Employees will be trained on how
to properly use and take care of the
CleanSpace EX according to
manufacturer guidelines.
(e) Qualified miners will receive
training regarding the information in the
Decision and Order before using the
equipment in the relevant part of the
mine. A record of the training will be
kept and available upon request.
(f) Within 60 days of the Decision and
Order becoming finalized, the petitioner
will submit proposed revisions to 30
CFR 75.370, mine ventilation, to be
approved under the 30 CFR part 48
training plan by the Coal Mine Safety
and Health District Manager. The
revisions will specify initial and
refresher training. When the training is
conducted, the MSHA Certificate of
Training (Form 5000–23) will be
completed. Comments will be made on
the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Jessica D. Senk,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2021–12161 Filed 6–9–21; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0103]
Proposed Extension of Information
Collection; Notification of Methane
Detected in Underground Metal and
Nonmetal Mine Atmospheres
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance request for
comment to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995. This request helps to ensure that:
Requested data can be provided in the
desired format; reporting burden (time
and financial resources) is minimized;
collection instruments are clearly
understood; and the impact of collection
requirements on respondents can be
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SUMMARY:
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17:15 Jun 09, 2021
Jkt 253001
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Notification
of Methane Detected in Underground
Metal and Nonmetal Mine Atmospheres.
DATES: All comments must be received
on or before August 9, 2021.
ADDRESSES: You may submit comment
as follows. Please note that late,
untimely filed comments will not be
considered.
Electronic Submissions: Submit
electronic comments in the following
way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for docket number MSHA–2021–0009.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket, with no changes. Because
your comment will be made public, you
are responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as your or anyone else’s Social
Security number or confidential
business information.
• If your comment includes
confidential information that you do not
wish to be made available to the public,
submit the comment as a written/paper
submission.
Written/Paper Submissions: Submit
written/paper submissions in the
following way:
• Mail/Hand Delivery: Mail or visit
DOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• MSHA will post your comment as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jessica Senk, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty in protecting the
safety and health of miners. Further,
section 101(a) of the Mine Act, 30 U.S.C.
811, authorizes the Secretary of Labor
(Secretary) to develop, promulgate, and
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30987
revise as may be appropriate, improved
mandatory health or safety standards for
the protection of life and prevention of
injuries in coal or other mines.
Methane is a flammable gas found in
underground mines in the United
States. Although methane is often
associated with underground coal
mines, it also occurs in some metal and
nonmetal mines. Underground metal
and Nonmetal mines are categorized
according to the potential to liberate
methane (30 CFR 57.22003—Mine
category or subcategory). Methane is a
colorless, odorless, tasteless gas, and it
tends to rise to the roof of a mine
because it is lighter than air. Although
methane itself is nontoxic, its presence
reduces the oxygen content by dilution
when mixed with air and, consequently,
can act as an asphyxiant when present
in large quantities.
Methane may enter the mining
environment from a variety of sources
including fractures, faults, or shear
zones overlying or underlying the strata
that surround the ore body, or from the
ore body itself. It may occur as an
occluded gas within the ore body.
Methane mixed with air is explosive in
the range of 5 to 15 percent, provided
that 12 percent or more oxygen is
present. The presence of dust containing
volatile matter in the mine atmosphere
may further enhance the potential for
methane to explode in a mine. Section
103(i) of Mine Act requires additional
inspections be conducted at mines
depending on the amount of methane
liberated from a mine.
Title 30 CFR 57.22004(c) requires
operators of underground metal and
nonmetal mines to notify MSHA as soon
as possible if any of the following events
occur: (a) There is an outburst that
results in 0.25 percent or more methane
in the mine atmosphere, (b) there is a
blowout that results in 0.25 percent or
more methane in the mine atmosphere,
(c) there is an ignition of methane, or (d)
air sample results indicate 0.25 percent
or more methane in the mine
atmosphere of a I–B, I–C, II–B, V–B, or
Category VI mine. Under sections
57.22239 and 57.22231, if methane
reaches 2.0 percent in a Category IV
mine or if methane reaches 0.25 percent
in the mine atmosphere of a
Subcategory I–B, II–B, V–B, or VI mine,
MSHA shall be notified immediately.
Although the standards do not specify
how MSHA is to be notified, MSHA
anticipates that the notifications would
be made by telephone.
Sections 57.22229 and 57.22230
require that the mine atmosphere be
tested for methane and/or carbon
dioxide at least once every 7 days by a
competent person or atmospheric
E:\FR\FM\10JNN1.SGM
10JNN1
]]>Agencies
[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30984-30987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12161]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice includes the summaries of three petitions for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before July 12, 2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Jessica D. Senk, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. Individuals may inspect copies of the petition and comments
during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Jessica Senk, Office of Standards,
[[Page 30985]]
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
(CFR) part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2021-022-C.
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.507-1(a), as it relates to the use of an
alternative method of respirable dust protection for miners at the
Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is
applying to use a battery powered respirable protection unit called the
CleanSpace EX Powered Respirator (CleanSpace EX) in return air outby
the last open crosscut.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years.
(c) 3M has recently faced component disruptions for the Airstream
product. 3M globally discontinued the Airstream on June 1, 2020. The
ability to order an Airstream system and components ended in February
2020. Components were available through June 2020.
(d) Currently, there are no available replacement positive pressure
air-purifying respirators (PAPRs) that meet the MSHA standard for
permissibility.
(e) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(f) Operators that were using the Airstream, do not have an
approved alternative to provide this type of protection to its miners.
(g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11
standard and can be used in hazardous locations because it meets the
intrinsic safety protection level and is acceptable in other
jurisdictions to use in mines with the potential for methane
accumulation.
(h) The CleanSpace EX is not MSHA-approved and the manufacturer is
not pursuing approval.
(i) The ANSI/UL standards for the approval of these respirators are
an accepted alternative to MSHA standards and provide the same level of
protection.
(j) The product uses a lithium polymer battery that is not
detachable from the electrical circuit. It charges as a complete unit.
(k) The CleanSpace EX allows for more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a
HEPA particulate filter for the full facemask. The product does not
impair vision or communication. The product allows for the miner to
simultaneously wear the issued hardhat with a headlamp.
(m) The CleanSpace EX uses technology placing the filter housing
and fan assembly above the shoulders to reduce ergonomic restrictions,
freeing the miner from having to wear the fan and filter unit around
the waist.
(n) There are no hose attachments to the unit, which could create
added hazards.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512 and examination results will be
recorded weekly and records will be available for examination for one
year.
(b) CleanSpace EX units will be charged outby the last open
crosscut and will utilize the manufacturer approved battery charger.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is required by the standard in the affected areas of the mine.
(d) Employees will be trained on how to properly use and take care
of the CleanSpace EX according to manufacturer guidelines.
(e) Qualified miners will receive training regarding the
information in the Decision and Order before using the equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(f) Within 60 days of the Decision and Order becoming finalized,
the petitioner will submit proposed revisions to 30 CFR 75.370, mine
ventilation, to be approved under the 30 CFR part 48 training plan by
the Coal Mine Safety and Health District Manager. The revisions will
specify initial and refresher training. When the training is conducted,
the MSHA Certificate of Training (Form 5000-23) will be completed.
Comments will be made on the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-023-C.
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.500(d), as it relates to the use of an
alternative method of respirable dust protection for miners at the
Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is
applying to use a battery powered respirable protection unit called the
CleanSpace EX Powered Respirator (CleanSpace EX) in or inby the last
open crosscut.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years.
(c) 3M has recently faced component disruptions for the Airstream
product. 3M globally discontinued the Airstream on June 1, 2020. The
ability to order an Airstream system and components
[[Page 30986]]
ended in February 2020. Components were available through June 2020.
(d) Currently, there are no available replacement positive pressure
air-purifying respirators (PAPRs) that meet the MSHA standard for
permissibility.
(e) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(f) Operators that were using the Airstream do not have an approved
alternative to provide this type of protection to its miners.
(g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11
standard and can be used in hazardous locations because it meets the
intrinsic safety protection level and is acceptable in other
jurisdictions to use in mines with the potential for methane
accumulation.
(h) The CleanSpace EX is not MSHA-approved and the manufacturer is
not pursuing approval.
(i) The ANSI/UL standards for the approval of these respirators are
an accepted alternative to MSHA standards and provide the same level of
protection.
(j) The product uses a lithium polymer battery that is not
detachable from the electrical circuit. It charges as a complete unit.
(k) The CleanSpace EX allows for more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a
HEPA particulate filter for the full facemask. The product does not
impair vision or communication. The product allows for the miner to
simultaneously wear the issued hardhat with a headlamp.
(m) The CleanSpace EX uses technology placing the filter housing
and fan assembly above the shoulders to reduce ergonomic restrictions,
freeing the miner from having to wear the fan and filter unit around
the waist.
(n) There are no hose attachments to the unit, which could create
added hazards.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512 and examination results will be
recorded weekly and records will be available for examination for one
year.
(b) CleanSpace EX units will be charged outby the last open
crosscut and will utilize the manufacturer approved battery charger.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is required by the standard in the affected areas of the mine.
(d) Employees will be trained on how to properly use and take care
of the CleanSpace EX according to manufacturer guidelines.
(e) Qualified miners will receive training regarding the
information in the Decision and Order before using the equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(f) Within 60 days of the Decision and Order becoming finalized,
the petitioner will submit proposed revisions to 30 CFR 75.370, mine
ventilation, to be approved under the 30 CFR part 48 training plan by
the Coal Mine Safety and Health District Manager. The revisions will
specify initial and refresher training. When the training is conducted,
the MSHA Certificate of Training (Form 5000-23) will be completed.
Comments will be made on the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-024-C.
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia (Zip 24639).
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 30 CFR 75.1002(a), as it relates to the use
of an alternative method of respirable dust protection for miners at
the Buchanan No. 1 Mine in Virginia. Specifically, the petitioner is
applying to use a battery powered respirable protection unit called the
CleanSpace EX Powered Respirator (CleanSpace EX) within 150 feet of
pillar workings and longwall faces.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years.
(c) 3M has recently faced component disruptions for the Airstream
product. 3M globally discontinued the Airstream on June 1, 2020. The
ability to order an Airstream system and components ended in February
2020. Components were available through June 2020.
(d) Currently, there are no available replacement positive pressure
air-purifying respirators (PAPRs) that meet the MSHA standard for
permissibility.
(e) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(f) Operators that were using the Airstream, do not have an
approved alternative to provide this type of protection to its miners.
(g) The CleanSpace EX is UL certified to the ANSI/UL 60079-11
standard and can be used in hazardous locations because it meets the
intrinsic safety protection level and is acceptable in other
jurisdictions to use in mines with the potential for methane
accumulation.
(h) The CleanSpace EX is not MSHA approved and the manufacturer is
not pursuing approval.
(i) The ANSI/UL standards for the approval of these respirators are
an accepted alternative to MSHA standards and provide the same level of
protection.
(j) The product uses a lithium polymer battery that is not
detachable from the electrical circuit. It charges as a complete unit.
(k) The CleanSpace EX allows for more comfort and it can be easily
disassembled and cleaned.
(l) The CleanSpace EX has a NIOSH-approved high-capacity high-
efficiency particulate air (HEPA)/vapor filter for a half mask and a
HEPA particulate filter for the full facemask. The product does not
impair vision or communication. The product allows for the miner to
simultaneously wear the issued hardhat with a headlamp.
(m) The CleanSpace EX uses technology placing the filter housing
and fan assembly above the shoulders to reduce ergonomic restrictions,
freeing the miner from having to wear the fan and filter unit around
the waist.
(n) There are no hose attachments to the unit, which could create
added hazards.
The petitioner proposes the following alternative method:
(a) The equipment will be examined at least weekly by a qualified
person according to 30 CFR 75.512 and examination results will be
recorded weekly and records will be available for examination for one
year.
(b) CleanSpace EX units will be charged outby the last open
crosscut and will utilize the manufacturer approved battery charger.
(c) A qualified person under 30 CFR 75.151 will monitor for methane
as is
[[Page 30987]]
required by the standard in the affected areas of the mine.
(d) Employees will be trained on how to properly use and take care
of the CleanSpace EX according to manufacturer guidelines.
(e) Qualified miners will receive training regarding the
information in the Decision and Order before using the equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request.
(f) Within 60 days of the Decision and Order becoming finalized,
the petitioner will submit proposed revisions to 30 CFR 75.370, mine
ventilation, to be approved under the 30 CFR part 48 training plan by
the Coal Mine Safety and Health District Manager. The revisions will
specify initial and refresher training. When the training is conducted,
the MSHA Certificate of Training (Form 5000-23) will be completed.
Comments will be made on the certificate to note non-permissible
testing equipment training.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Jessica D. Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-12161 Filed 6-9-21; 8:45 am]
BILLING CODE 4520-43-P
