Petition for Modification of Application of an Existing Mandatory Safety Standard, 8610-8611 [2022-03188]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8610-8611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03188]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of an Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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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 March 17, 2022.

ADDRESSES: You may submit your comments including the docket number of 
the petition by any of the following methods:
    1. Email: [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: Song-Ae A. Noe, Acting 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. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), [email protected] 
(email), or 202-693-9441 (facsimile). [These are not toll-free 
numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
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.
    3. 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-2021-005-M.
    Petitioner: U.S. Silica Company, Pacific Plant, 819 Osage Street, 
MO 63039.
    Mine: Pacific Plant, MSHA ID No. 23-00544, located in Franklin 
County, Missouri.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).

[[Page 8611]]

    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 56.13020, as it relates to the use of 
compressed air. The alternative method provides a direct reduction of a 
miner's exposure to respirable dust, thus reducing health risks while 
providing no less a degree of safety than that provided by the 
standard.
    The petitioner proposes the following alternative method:
    1. The proposed alternative method has been developed jointly 
between Unimin Corporation and the National Institute for Occupational 
Safety and Health (NIOSH) and has been successfully tested by NIOSH. 
The system consists of four major components: A cleaning booth, an air 
spray manifold, an air reservoir, and an exhaust ventilation system.
    2. The petitioner will use a clothes cleaning booth, CCB Elite I & 
II, serial number 5405, manufactured by S.K. Bowling, Inc.
    3. Only miners trained in the operation of the clothes cleaning 
booth (booth) will be permitted to use the booth to clean their 
clothes.
    4. The petitioner will incorporate the NIOSH Clothes Cleaning 
Process and manufacturer's instruction manuals into their MSHA Part 46 
Training Plan and train affected miners in the process.
    5. Miners entering the booth shall examine valves and nozzles for 
damage or malfunction and will close the door fully before opening the 
air valve. Any defects shall be repaired prior to the booth being used.
    6. Miners entering the booth will wear eye protection, earplugs or 
muffs for hearing protection, and respiratory protection meaning a 
full-face or halfmask respirator that meets or exceeds the minimum 
requirements of an N95 filter to which the miner has been fit-tested. 
As an alternative, the use of a full-face respirator will also meet the 
requirement for eye protection. A conspicuously posted sign will 
announce the required personal protective equipment for entering the 
booth.
    7. Airflow through the booth will be at least 2,000 cubic feet per 
minute (cfm) to maintain negative pressure during use of the cleaning 
system in order to prevent contamination of the environment outside the 
booth. Airflow will be in a downward direction, thus moving 
contaminants away from the miner's breathing zone.
    8. Air pressure through the spray manifold will be limited to 30 
pounds per square inch or less. A lock box with a single, plant 
manager-controlled key, will be used to prevent tampering of the 
pressure regulator.
    9. The air spray manifold will consist of schedule 80, steel pipe 
that has a failure pressure of 1,300 pounds per square inch. It will be 
capped at the base and actuated by an electrically controlled ball 
valve at the top.
    10. Air nozzles must not exceed 30 pound(s) per square inch gauge.
    11. The uppermost spray of the spray manifold will be located below 
the booth user's breathing zone. A mechanical device can be used to 
cover the upper air nozzles to meet the specific height of the user.
    12. Air nozzles shall be guarded to eliminate the possibility of 
incidental contact, which could create mechanical damage to the air 
nozzles during the clothes cleaning process.
    13. The petitioner shall conduct periodic maintenance checks of the 
booth in accordance with the recommendations contained in the 
manufacturer's instruction manual.
    14. The air receiver tank supplying air to the manifold system will 
be of sufficient volume to permit no less than 20 seconds of continuous 
cleaning time.
    15. An appropriate hazard warning sign will be posted on the booth 
to state, at a minimum, ``Compressed Air'' and ``Respirable Dust.''
    16. A pressure relief valve design for the booth's air reservoir 
will be installed.
    17. The mine will exhaust dust-laden air from the booth into a 
local exhaust ventilation system or duct outside the facility while 
ensuring there is no reentrainment back into the structure.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-Ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-03188 Filed 2-14-22; 8:45 am]
BILLING CODE 4510-43-P