Petition for Modification of Application of Existing Mandatory Safety Standard, 38360-38361 [2021-15324]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 38360 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Dated: July 15, 2021. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. Overview of This Information Collection Petition for Modification of Application of Existing Mandatory Safety Standard 1. Type of Information Collection (check justification or form 83): Extension with without change of a currently approved collection. 2. The Title of the Form/Collection: Records of Acquisition and Disposition, Registered Importers of Arms, Ammunition and Defense Articles on the U.S. Munitions Import List. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number (if applicable): None. Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for-profit. Other (if applicable): None. Abstract: This information collection is a record retention requirement for imported items on the United States Munitions Import List. The records are maintained at the registrant’s business premises and must be made available to personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives, during compliance inspections, and/or criminal investigations. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 50 respondents will use this information collection once per year, and it will take each respondent approximately 5 hours to prepare their response. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 250 hours, which is equal to 50 (# of responses) * 5 (# of hours to prepare each response). If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, Mail Stop 3E.405A, Washington, DC 20530. VerDate Sep<11>2014 17:00 Jul 19, 2021 Jkt 253001 [FR Doc. 2021–15421 Filed 7–19–21; 8:45 am] BILLING CODE 4410–XX–P DEPARTMENT OF LABOR Mine Safety and Health Administration Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice includes the summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before August 19, 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 D. 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. SUMMARY: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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. Petition for Modification Docket Number: M–2021–004–M. Petitioner: Genesis Alkali, LLC, 580 Westvaco Rd., Green River, Wyoming (Zip 82935). Mine: Genesis Alkali @WESTVACO, MSHA ID No. 48–00152, 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 30 CFR 57.22305 standard to permit an alternative, non-MSHA approved Powered Air Purifying Respirator (PAPR). The petitioner seeks approval for the use of the CleanSpace EX PAPR (CleanSpace EX) in its Class III underground, trona mine in areas in or beyond the last open crosscut and in areas where methane may enter the air current. The petitioner states that: (a) Genesis Alkali @WESTVACO is an underground trona mine. The petitioner has provided miners who wished to wear a PAPR voluntarily with one as a means to provide a fresh air flow over their face in a warm environment and to reduce exposure to nuisance dust. Some of the miners who choose to wear a PAPR work inby the last open cross cut. The petitioner historically purchased 3M Airstream Headgear-Mounted PAPRs. 3M discontinued these in 2020. (b) Other intrinsically safe (IS) respirators available commercially have been approved by other certification bodies, e.g., European Union and the International Electrotechnical Commission (IEC). However, these other IS PAPRs have not been approved by MSHA pursuant to 30 CFR parts 18 through 36. (c) The CleanSpace EX manufactured by CleanSpace was determined to be IS E:\FR\FM\20JYN1.SGM 20JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices under other certification bodies. CleanSpace is not pursuing MSHA approval. (d) The CleanSpace EX’s design allows the miners to wear their standard head protection, including cap lamps. (e) The CleanSpace EX has been tested and approved as IS under many internationally recognized testing standards. The CleanSpace EX was designed to and is approved pursuant to ATEX ‘‘Equipment or Protective System Intended for use in Potentially Explosive Atmospheres Directive 2014/ 34/EU’’ and is approved to be marked ‘‘I Ml Ex ia I Ma, II 2 G Ex ib IIB T4 Gb, ¥20°C <Ta<40°C.’’ Additionally, the CleanSpace EX was designed and is approved as IS pursuant to the IEC Certification Scheme for Explosive Atmospheres (IECEX) and is approved to be marked ‘‘Ex ia I Ma, Ex ib IIB T4 Gb, IECEx TSA 13.0024X.’’ (f) The scientific literature includes peer-reviewed papers, which suggest that there is an equivalent level of safety for miners when IS equipment is approved by either the ACRI2001 standard or relevant international standards. (g) The CleanSpace EX was tested to standards that are equivalent to the MSHA ACRI2001 criteria. The CleanSpace EX has been subjected to extensive testing requirements under several North American and International Standards which all available scientific literature and studies have concluded are as effective as testing and approval under MSHA’s ACRI2001 criteria. (h) All available information supports a determination that use of the CleanSpace EX in the Genesis Alkali @ WESTVACO mine will achieve the same result as the standard. The petitioner proposes the following alternative method: (a) The petitioner requests the use of the CleanSpace EX, which is not MSHA approved, in this mine in areas in or beyond the last open crosscut and in areas where methane may enter the air current. (b) Affected mine employees will be trained in the proper use and care of the CleanSpace EX in accordance with the manufacturer’s recommendations. Task Training and annual refresher training will be documented using MSHA form 5000–23. The petitioner asserts that the alternate method proposed will at all times guarantee no less than the same VerDate Sep<11>2014 19:13 Jul 19, 2021 Jkt 253001 38361 measure of protection afforded the miners under the mandatory standard. NATIONAL CREDIT UNION ADMINISTRATION Jessica Senk, Director, Office of Standards, Regulations, and Variances. Agency Information Collection Activities: Proposed Collection; Comment Request; Community Development Revolving Loan Fund— Loan and Grant Programs [FR Doc. 2021–15324 Filed 7–19–21; 8:45 am] BILLING CODE 4520–43–P National Credit Union Administration (NCUA). ACTION: Notice and request for comment. AGENCY: NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–2021–035] Senior Executive Service (SES) Performance Review Board members National Archives and Records Administration (NARA). AGENCY: ACTION: Notice of members. I am announcing that I have appointed new members to NARA’s Senior Executive Service (SES) Performance Review Board. The board members are: Debra Steidel Wall, Deputy Archivist of the United States; William J. Bosanko, Chief Operating Officer; Micah M. Cheatham, Chief of Management and Administration; and Valorie F. Findlater, Chief Human Capital Officer. These appointments supersede all previous appointments. SUMMARY: These appointments are effective on July 20, 2021. DATES: National Archives and Records Administration, 700 Pennsylvania Avenue NW, Washington, DC 20408. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Valorie Findlater, Chief Human Capital Officer, by mail at Office of Human Capital, National Archives and Records Administration; 8601 Adelphi Road; College Park, Maryland 20740, or by telephone at 301.837.3754. 5 U.S.C. 4314(c) requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more SES Performance Review Boards. The Board reviews a supervisor’s initial appraisal of a senior executive’s performance and recommends final action to the appointing authority regarding matters related to senior executive performance. SUPPLEMENTARY INFORMATION: David S. Ferriero, Archivist of the United States. [FR Doc. 2021–15319 Filed 7–19–21; 8:45 am] BILLING CODE 7515–01–P PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 The National Credit Union Administration (NCUA), as part of a continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the following extension of a currently approved collection, as required by the Paperwork Reduction Act of 1995. DATES: Written comments should be received on or before September 20, 2021 to be assured consideration. ADDRESSES: Interested persons are invited to submit written comments on the information collection to Mackie Malaka, National Credit Union Administration, 1775 Duke Street, Suite 6060, Alexandria, Virginia 22314; email at PRAComments@NCUA.gov. Given the limited in-house staff because of the COVID–19 pandemic, email comments are preferred. FOR FURTHER INFORMATION CONTACT: Address requests for additional information to Mackie Malaka at the address above or telephone 703–548– 2704. SUMMARY: SUPPLEMENTARY INFORMATION: OMB Number: 3133–0138. Title: Community Development Revolving Loan Fund—Loan and Grant Programs, 12 CFR part 705. Type of Review: Extension of a currently approved collection. Abstract: NCUA’s Community Development Revolving Loan Fund (CDRLF or Fund) was established by Congress (Pub. L. 96–123, November 20, 1979) to stimulate economic development in low-income communities. Part 705 was adopted by the Board under section 130 of the Federal Credit Union Act (12 U.S.C. 1772c–1), which implements the Community Development Credit Union Revolving Loan Fund Transfer Act (Pub. L. 99–609, 100 Stat.3475 (Nov. 6. 1986)). The Fund is used to support credit unions that serve low-income communities by providing loans and technical assistance grants to qualifying institutions. The programs are designed to increase income, ownership, and employment opportunities for lowincome residents, and to stimulate E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38360-38361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15324]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: This notice includes the summary of a petition for 
modification submitted to the Mine Safety and Health Administration 
(MSHA) by the party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before August 19, 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 D. 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. Petition for Modification

    Docket Number: M-2021-004-M.
    Petitioner: Genesis Alkali, LLC, 580 Westvaco Rd., Green River, 
Wyoming (Zip 82935).
    Mine: Genesis Alkali @WESTVACO, MSHA ID No. 48-00152, 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 30 CFR 57.22305 standard to permit an alternative, non-MSHA 
approved Powered Air Purifying Respirator (PAPR). The petitioner seeks 
approval for the use of the CleanSpace EX PAPR (CleanSpace EX) in its 
Class III underground, trona mine in areas in or beyond the last open 
crosscut and in areas where methane may enter the air current.
    The petitioner states that:
    (a) Genesis Alkali @WESTVACO is an underground trona mine. The 
petitioner has provided miners who wished to wear a PAPR voluntarily 
with one as a means to provide a fresh air flow over their face in a 
warm environment and to reduce exposure to nuisance dust. Some of the 
miners who choose to wear a PAPR work inby the last open cross cut. The 
petitioner historically purchased 3M Airstream Headgear-Mounted PAPRs. 
3M discontinued these in 2020.
    (b) Other intrinsically safe (IS) respirators available 
commercially have been approved by other certification bodies, e.g., 
European Union and the International Electrotechnical Commission (IEC). 
However, these other IS PAPRs have not been approved by MSHA pursuant 
to 30 CFR parts 18 through 36.
    (c) The CleanSpace EX manufactured by CleanSpace was determined to 
be IS

[[Page 38361]]

under other certification bodies. CleanSpace is not pursuing MSHA 
approval.
    (d) The CleanSpace EX's design allows the miners to wear their 
standard head protection, including cap lamps.
    (e) The CleanSpace EX has been tested and approved as IS under many 
internationally recognized testing standards. The CleanSpace EX was 
designed to and is approved pursuant to ATEX ``Equipment or Protective 
System Intended for use in Potentially Explosive Atmospheres Directive 
2014/34/EU'' and is approved to be marked ``I Ml Ex ia I Ma, II 2 G Ex 
ib IIB T4 Gb, -20[deg]C

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