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

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[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]


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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 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