Petitions for Modification of Application of Existing Mandatory Safety Standards, 32065-32067 [2021-12608]

Download as PDF Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 32065 U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, NATIONAL FARMWORKER JOBS PROGRAM— CAREER SERVICES AND TRAINING GRANTS—Continued [Impact of final PY 2021 allotments to states] PY 2020 PY 2021 With hold harmless State Allotment Percentage share (1) Illinois ........................... Indiana ......................... Iowa .............................. Kansas ......................... Kentucky ...................... Louisiana ...................... Maine ........................... Maryland ...................... Massachusetts ............. Michigan ....................... Minnesota ..................... Mississippi .................... Missouri ........................ Montana ....................... Nebraska ...................... Nevada ......................... New Hampshire ........... New Jersey .................. New Mexico ................. New York ..................... North Carolina .............. North Dakota ................ Ohio .............................. Oklahoma ..................... Oregon ......................... Pennsylvania ................ Puerto Rico .................. Rhode Island ................ South Carolina ............. South Dakota ............... Tennessee ................... Texas ........................... Utah .............................. Vermont ........................ Virginia ......................... Washington .................. West Virginia ................ Wisconsin ..................... Wyoming ...................... (2) 1,746,897 1,145,731 1,588,068 1,220,211 1,044,219 798,040 328,886 386,681 364,444 2,129,494 1,629,902 1,026,761 985,363 628,528 1,295,534 190,893 115,590 602,990 1,049,022 1,574,968 2,638,326 828,016 1,417,710 1,007,381 2,447,454 1,485,920 2,420,800 60,713 811,276 610,598 894,737 5,281,950 466,894 185,768 1,002,595 4,518,313 155,408 1,639,775 245,597 2.04965 1.34430 1.86330 1.43169 1.22519 0.93635 0.38589 0.45370 0.42761 2.49856 1.91238 1.20471 1.15614 0.73746 1.52006 0.22398 0.13562 0.70749 1.23083 1.84793 3.09557 0.97152 1.66341 1.18197 2.87162 1.74344 2.84035 0.07124 0.95188 0.71642 1.04980 6.19736 0.54781 0.21796 1.17635 5.30138 0.18234 1.92396 0.28816 Suzan G. LeVine, Principal Deputy Assistant Secretary, Employment and Training, Labor. BILLING CODE 4510–FN–P DEPARTMENT OF LABOR jbell on DSKJLSW7X2PROD with NOTICES Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: VerDate Sep<11>2014 17:27 Jun 15, 2021 Jkt 253001 Allotment Percentage share (3) (4) (5) 1,829,288 1,229,140 1,756,778 1,243,435 1,011,993 782,626 408,044 521,061 512,780 2,073,573 1,579,601 995,074 1,219,415 699,452 1,255,552 223,924 145,953 769,856 1,067,856 2,169,172 2,556,903 802,462 1,437,210 976,292 2,371,922 1,762,208 2,346,090 64,858 786,239 665,710 867,124 5,118,941 653,979 204,723 971,653 4,510,391 150,612 1,719,060 312,536 2.10394 1.41368 2.02054 1.43012 1.16393 0.90013 0.46931 0.59929 0.58977 2.38490 1.81676 1.14447 1.40250 0.80447 1.44406 0.25754 0.16787 0.88544 1.22818 2.49485 2.94079 0.92294 1.65299 1.12287 2.72804 2.02678 2.69833 0.07460 0.90428 0.76566 0.99731 5.88749 0.75217 0.23546 1.11754 5.18758 0.17322 1.97716 0.35946 This notice includes the summaries of two 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 16, 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. SUMMARY: [FR Doc. 2021–12604 Filed 6–15–21; 8:45 am] PO 00000 Frm 00053 Without hold harmless Difference (PY 2021 vs. PY 2020) Fmt 4703 Sfmt 4703 82,391 83,409 168,710 23,224 (32,226) (15,414) 79,158 134,380 148,336 (55,921) (50,301) (31,687) 234,052 70,924 (39,982) 33,031 30,363 166,866 18,834 594,204 (81,423) (25,554) 19,500 (31,089) (75,532) 276,288 (74,710) 4,145 (25,037) 55,112 (27,613) (163,009) 187,085 18,955 (30,942) (7,922) (4,796) 79,285 66,939 Allotment Percentage share (6) (7) 1,935,797 1,300,706 1,859,065 1,315,834 836,164 828,194 431,802 551,400 542,637 2,194,306 1,664,564 922,368 1,290,415 740,177 1,319,642 236,962 154,451 814,680 1,130,032 2,295,471 2,107,580 778,997 1,520,892 926,713 2,335,380 1,864,813 2,043,240 68,635 695,074 704,471 631,232 4,630,482 692,057 216,643 784,640 4,773,008 112,164 1,819,152 330,734 2.22644 1.49599 2.13818 1.51339 0.96170 0.95254 0.49663 0.63419 0.62411 2.52376 1.91448 1.06085 1.48416 0.85131 1.51777 0.27254 0.17764 0.93700 1.29969 2.64011 2.42401 0.89595 1.74924 1.06585 2.68601 2.14479 2.35001 0.07894 0.79943 0.81024 0.72600 5.32570 0.79596 0.24917 0.90245 5.48962 0.12900 2.09228 0.38039 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 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. E:\FR\FM\16JNN1.SGM 16JNN1 32066 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices FOR FURTHER INFORMATION CONTACT: Jessica Senk, Office of Standards, 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. jbell on DSKJLSW7X2PROD with NOTICES 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–2021–002–M. Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green River, Wyoming (Zip 82935). Mine: Tata Chemicals Mine, MSHA ID No. 4800155, located in Sweetwater County, Wyoming. Regulation Affected: 30 CFR 57.22305 (Approved equipment (III mines)). Modification Request: The petitioner requests a modification of the existing standard, to permit an alternative method of compliance for the respiratory protection of miners. The petitioner proposes to use a non-MSHA approved, intrinsically safe air purifying respirator (PAPR) product called a 3M Versaflo TR–800 (TR–800) under normal mining conditions in or beyond the last open crosscut, and where methane may enter the air current. The petitioner states that: (a) The TR–800 PAPR respirator will offer miners the best respiratory protection possible from exposure to nuisance dust and incorporate the latest available technology in respiratory protection. (b) Tata’s safety department has spent time researching available PAPRs and have found only two respirators with MSHA approval. One, the 3M Airstream VerDate Sep<11>2014 17:27 Jun 15, 2021 Jkt 253001 model has been discontinued by the manufacturer, and the other, the Kasco K80 ET8 can create problems with communication. Specifically, miners depend highly on communication and their ability to see, and the Kasco K80 ET8 can cause communication problems due to the hood being too large requiring removal by miners to hear or speak. In addition, the hood is so large a miner’s peripheral vision may be impaired. (c) The TR–800 provides a level of respiratory protection and safety equal to the 3M Airstream. This unit provides an alternative means of respiratory protection for different tasks which miners are required to perform and affords Tata an additional option to provide respiratory protection for employees. (d) The TR–800 unit is designed and approved under the following standards for the United States and Canada: Underwriter Laboratories (UL) UL913; UL 60079–0; UL 60079–11; UL 62133 (Battery Pack); UL marked for intrinsic safety when used with the battery, Canada/Canadian Standards Association (CAN/CSA) CAN/CSA C22.2 No. 60079– 0; CAN/CSA C22.2 No. 60079–11; and CAN/CSA–E62133. (e) The TR–800 keeps the air flowing—a multi-speed blower functions up to 16,000 feet and battery offers long run time, less charge time and, ultimately, reduced down time. (f) The TR–800 utilizes cartridges to help protect against certain gas and vapors, combined with filters for protection against particulates. (g) The TR–800 PAPR respirator allows the operator to wear the 3M TR– 800 unit without using his/her issued hardhat. (h) The TR–800 unit can be easily disassembled and cleaned. The petitioner proposes the following alternative method: (a) While not in operation, the TR– 800 units will be charged out-by the last open crosscut utilizing the manufacturer’s approved battery charger. (b) Affected mine employees will be trained in the proper use and care of the TR–800 PAPR unit in accordance with established manufacturer guidelines. Task training and annual refresher training will be documented using MSHA form 5000–23. (c) If 1.0 percent or more methane is detected, the procedures in 30 CFR part 57.22234 will be followed. 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. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Docket Number: M–2021–003–M. Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green River, Wyoming (Zip 82935). Mine: Tata Chemicals Mine, MSHA ID No. 4800155, located in Sweetwater County, Wyoming. Regulation Affected: 30 CFR 57.22305 (Approved equipment (III mines)). Modification Request: The petitioner requests a modification of the existing standard, to permit an alternative method of compliance for the respiratory protection of miners. The petitioner proposes to use a non-MSHA approved, intrinsically safe air purifying respirator (PAPR) product called a CleanSpace EX under normal mining conditions in or beyond the last open crosscut and where methane may enter the air current. The petitioner states that: (a) The CleanSpace EX PAPR respirator will offer miners the best respiratory protection possible from exposure to nuisance dust and incorporate the latest available technology in respiratory protection. (b) Tata’s safety department has spent time researching available PAPRs and have found only two respirators with MSHA approval. One, the 3M Airstream model has been discontinued by the manufacturer, and the other, the Kasco K80 ET8 can create problems with communication. Specifically, miners depend highly on communication and their ability to see, and the Kasco K80 ET8 can cause communication problems due to the hood being too large requiring removal by miners to hear or speak. In addition, the hood is so large a miner’s peripheral vision may be impaired. (c) The CleanSpace EX provides a level of respiratory protection and safety equal to the 3M TR–800 with additional enhancements to meet the needs of the miners. This unit provides an alternative means of respiratory protection for different tasks which miners are required to perform and affords Tata an additional option to provide respiratory protection for employees. (d) The CleanSpace EX unit is certified by Underwriter Laboratories (UL) under the American National Standards Institute/UL 60079–11 standard. Per this certification, the CleanSpace EX unit is specialized to be used in hazardous locations; has met the most onerous level of intrinsic safety protection: and the level of protection is acceptable for use in mines susceptible to firedamp. (e) The CleanSpace EX incorporates a lithium polymer battery that does not detach from the electrical circuit and E:\FR\FM\16JNN1.SGM 16JNN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices charges as a complete unit. It has an 8hour continual use with a rapid 2 hour re-charge. (f) The CleanSpace EX unit provides a NIOSH approved high capacity, high efficiency (HEPA) particulate/vapor filter for the half mask and a NIOSH approved HEPA particulate filter for the full facemask. (g) NIOSH has approved the half mask or the full-face mask. The CleanSpace EX does not restrict the vision or impair communication of the user. (h) The CleanSpace EX allows the operator to wear his issued hardhat with miner’s headlamp. (i) The CleanSpace EX incorporates technology which places the filter housing and fan assembly above the shoulders. This design addresses several ergonomic restrictions. The unit frees the operator of having to wear the fan and filter assembly around their waist. Furthermore, there is not a hose attached to the filter/battery assembly which could create additional potential hazards. (j) The CleanSpace EX also affords Tata Chemicals the ability to quantitatively fit test employees. (k) The CleanSpace EX respirator provides a level of comfort beyond additional PAPR units when operating mining equipment due to limited space and mobility in the operator’s cab. (l) The CleanSpace EX unit can be easily disassembled and cleaned. The petitioner proposes the following alternative method: (a) While not in operation, the CleanSpace EX units will be charged out-by the last open crosscut utilizing the manufacturer’s approved battery charger. (b) Affected mine employees will be trained in the proper use and care of the CleanSpace EX PAPR unit in accordance with established manufacturer guidelines. Task training and annual refresher training will be documented using MSHA form 5000– 23. (c) If 1.0 percent or more methane is detected, the procedures in 30 CFR part 57.22234 will be followed. 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 Senk, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2021–12608 Filed 6–15–21; 8:45 am] BILLING CODE 4520–43–P VerDate Sep<11>2014 17:27 Jun 15, 2021 Jkt 253001 DEPARTMENT OF LABOR Mine Safety and Health Administration [OMB Control No. 1219–0119] Proposed Extension of Information Collection; Diesel-Powered Equipment in Underground Coal Mines 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 properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for DieselPowered Equipment in Underground Coal Mines. DATES: All comments must be received on or before August 16, 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–2021–0007. 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: SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 32067 • 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 to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines. MSHA requires mine operators to provide important safety and health protections to underground coal miners who work on and around dieselpowered equipment. The engines powering diesel equipment are potential contributors to fires and explosion hazards in the confined environment of an underground coal mine where combustible coal dust and explosive methane gas are present. Diesel equipment operating in underground coal mines also can pose serious health risks to miners from exposure to diesel exhaust emissions, including diesel particulates, oxides of nitrogen, and carbon monoxide. Diesel exhaust is a lung carcinogen in animals. Information collection requirements are found in: Section 75.1901(a), Diesel fuel requirements; section 75.1911(j), Fire suppression systems for dieselpowered equipment and fuel transportation units; section 75.1912(i), Fire suppression systems for permanent underground diesel fuel storage facilities; sections 75.1914(f)(1), (f)(2), (g)(5), (h)(1), and (h)(2), Maintenance of diesel-powered equipment; and sections 75.1915(b)(5), (c)(1), and (c)(2), Training and qualification of persons working on diesel-powered equipment. E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Notices]
[Pages 32065-32067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12608]


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

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 two 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 16, 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 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.

[[Page 32066]]


FOR FURTHER INFORMATION CONTACT: Jessica Senk, 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-2021-002-M.
    Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green 
River, Wyoming (Zip 82935).
    Mine: Tata Chemicals Mine, MSHA ID No. 4800155, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard, to permit an alternative method of compliance for 
the respiratory protection of miners. The petitioner proposes to use a 
non-MSHA approved, intrinsically safe air purifying respirator (PAPR) 
product called a 3M Versaflo TR-800 (TR-800) under normal mining 
conditions in or beyond the last open crosscut, and where methane may 
enter the air current.
    The petitioner states that:
    (a) The TR-800 PAPR respirator will offer miners the best 
respiratory protection possible from exposure to nuisance dust and 
incorporate the latest available technology in respiratory protection.
    (b) Tata's safety department has spent time researching available 
PAPRs and have found only two respirators with MSHA approval. One, the 
3M Airstream model has been discontinued by the manufacturer, and the 
other, the Kasco K80 ET8 can create problems with communication. 
Specifically, miners depend highly on communication and their ability 
to see, and the Kasco K80 ET8 can cause communication problems due to 
the hood being too large requiring removal by miners to hear or speak. 
In addition, the hood is so large a miner's peripheral vision may be 
impaired.
    (c) The TR-800 provides a level of respiratory protection and 
safety equal to the 3M Airstream. This unit provides an alternative 
means of respiratory protection for different tasks which miners are 
required to perform and affords Tata an additional option to provide 
respiratory protection for employees.
    (d) The TR-800 unit is designed and approved under the following 
standards for the United States and Canada: Underwriter Laboratories 
(UL) UL913; UL 60079-0; UL 60079-11; UL 62133 (Battery Pack); UL marked 
for intrinsic safety when used with the battery, Canada/Canadian 
Standards Association (CAN/CSA) CAN/CSA C22.2 No. 60079-0; CAN/CSA 
C22.2 No. 60079-11; and CAN/CSA-E62133.
    (e) The TR-800 keeps the air flowing--a multi-speed blower 
functions up to 16,000 feet and battery offers long run time, less 
charge time and, ultimately, reduced down time.
    (f) The TR-800 utilizes cartridges to help protect against certain 
gas and vapors, combined with filters for protection against 
particulates.
    (g) The TR-800 PAPR respirator allows the operator to wear the 3M 
TR-800 unit without using his/her issued hardhat.
    (h) The TR-800 unit can be easily disassembled and cleaned.
    The petitioner proposes the following alternative method:
    (a) While not in operation, the TR-800 units will be charged out-by 
the last open crosscut utilizing the manufacturer's approved battery 
charger.
    (b) Affected mine employees will be trained in the proper use and 
care of the TR-800 PAPR unit in accordance with established 
manufacturer guidelines. Task training and annual refresher training 
will be documented using MSHA form 5000-23.
    (c) If 1.0 percent or more methane is detected, the procedures in 
30 CFR part 57.22234 will be followed.
    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-M.
    Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green 
River, Wyoming (Zip 82935).
    Mine: Tata Chemicals Mine, MSHA ID No. 4800155, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard, to permit an alternative method of compliance for 
the respiratory protection of miners. The petitioner proposes to use a 
non-MSHA approved, intrinsically safe air purifying respirator (PAPR) 
product called a CleanSpace EX under normal mining conditions in or 
beyond the last open crosscut and where methane may enter the air 
current.
    The petitioner states that:
    (a) The CleanSpace EX PAPR respirator will offer miners the best 
respiratory protection possible from exposure to nuisance dust and 
incorporate the latest available technology in respiratory protection.
    (b) Tata's safety department has spent time researching available 
PAPRs and have found only two respirators with MSHA approval. One, the 
3M Airstream model has been discontinued by the manufacturer, and the 
other, the Kasco K80 ET8 can create problems with communication. 
Specifically, miners depend highly on communication and their ability 
to see, and the Kasco K80 ET8 can cause communication problems due to 
the hood being too large requiring removal by miners to hear or speak. 
In addition, the hood is so large a miner's peripheral vision may be 
impaired.
    (c) The CleanSpace EX provides a level of respiratory protection 
and safety equal to the 3M TR-800 with additional enhancements to meet 
the needs of the miners. This unit provides an alternative means of 
respiratory protection for different tasks which miners are required to 
perform and affords Tata an additional option to provide respiratory 
protection for employees.
    (d) The CleanSpace EX unit is certified by Underwriter Laboratories 
(UL) under the American National Standards Institute/UL 60079-11 
standard. Per this certification, the CleanSpace EX unit is specialized 
to be used in hazardous locations; has met the most onerous level of 
intrinsic safety protection: and the level of protection is acceptable 
for use in mines susceptible to firedamp.
    (e) The CleanSpace EX incorporates a lithium polymer battery that 
does not detach from the electrical circuit and

[[Page 32067]]

charges as a complete unit. It has an 8-hour continual use with a rapid 
2 hour re-charge.
    (f) The CleanSpace EX unit provides a NIOSH approved high capacity, 
high efficiency (HEPA) particulate/vapor filter for the half mask and a 
NIOSH approved HEPA particulate filter for the full facemask.
    (g) NIOSH has approved the half mask or the full-face mask. The 
CleanSpace EX does not restrict the vision or impair communication of 
the user.
    (h) The CleanSpace EX allows the operator to wear his issued 
hardhat with miner's headlamp.
    (i) The CleanSpace EX incorporates technology which places the 
filter housing and fan assembly above the shoulders. This design 
addresses several ergonomic restrictions. The unit frees the operator 
of having to wear the fan and filter assembly around their waist. 
Furthermore, there is not a hose attached to the filter/battery 
assembly which could create additional potential hazards.
    (j) The CleanSpace EX also affords Tata Chemicals the ability to 
quantitatively fit test employees.
    (k) The CleanSpace EX respirator provides a level of comfort beyond 
additional PAPR units when operating mining equipment due to limited 
space and mobility in the operator's cab.
    (l) The CleanSpace EX unit can be easily disassembled and cleaned.
    The petitioner proposes the following alternative method:
    (a) While not in operation, the CleanSpace EX units will be charged 
out-by the last open crosscut utilizing the manufacturer's approved 
battery charger.
    (b) Affected mine employees will be trained in the proper use and 
care of the CleanSpace EX PAPR unit in accordance with established 
manufacturer guidelines. Task training and annual refresher training 
will be documented using MSHA form 5000-23.
    (c) If 1.0 percent or more methane is detected, the procedures in 
30 CFR part 57.22234 will be followed.
    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 Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-12608 Filed 6-15-21; 8:45 am]
BILLING CODE 4520-43-P