Petition for Modification of Application of Existing Mandatory Safety Standards, 9644-9647 [2022-03686]

Download as PDF 9644 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices related to law enforcement, to improve police performance and overall community-police relations. The report will highlight the providers and vendors that are developing and offering technologies that measure/monitor the community’s perception, opinion, and/ or satisfaction related to law enforcement. The report will also consider sentiment monitoring tools in terms of the broader context of the rapidly evolving marketplace for sentiment analysis products, including the monitoring of customers’ perception of brands. DATES: Emailed responses must be received (and mailed responses postmarked) by 5:00 p.m. Eastern Time on April 8, 2022. ADDRESSES: Responses to this request may be submitted electronically by email, with the subject line ‘‘Technologies to Measure Community Perception, Opinion, and/or Satisfaction related to Law Enforcement: Market Survey Federal Register Response’’ to Meghan Camello at mcamello@rti.org_ . Responses may also be sent by mail to the following address: Criminal Justice Testing and Evaluation Consortium (CJTEC), ATTN: Meghan Camello, Technologies to Measure Community Perception, Opinion, and/or Satisfaction related to Law Enforcement: Market Survey Federal Register Response, RTI International, P.O. Box 12194, 3040 E Cornwallis Road, Research Triangle Park, NC 27709–2194. FOR FURTHER INFORMATION CONTACT: For more information on this market survey, please contact Meghan Camello (CJTEC) by telephone at 603–801–5127 or mcamello@rti.org. For more information on the NIJ CJTEC, visit https:// nij.ojp.gov/funding/awards/2018-75-cxk003 and view the description, or contact Steven Schuetz (NIJ) by telephone at 202–514–7663 or at steven.schuetz@usdoj.gov. Please note that these are not toll-free telephone numbers. lotter on DSK11XQN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: Information sought: CJTEC is seeking information on products, such as sentiment analysis, measuring, and monitoring technologies, that may be applicable to law enforcement agencies. Specifically, CJTEC is seeking solutions that fit one or more of these categories: • Tools, technology, and products designed for the law enforcement community to measure or monitor community perception, sentiment, opinion, and/or satisfaction • Products designed as consumer/ corporate sentiment analysis and monitoring technologies that could be VerDate Sep<11>2014 19:42 Feb 18, 2022 Jkt 256001 applicable to or adapted for the law enforcement community • Products designed for brand management that may be applicable to or adapted for the law enforcement community Usage: Information provided in response to this request may be selected for inclusion by CJTEC in a public report on technologies that measure and monitor community perception, opinion, and/or satisfaction related to law enforcement. This RFI is intended to solicit important general information from vendors, which may lead to later discussions to help understand best practices, case studies, product technical specifications, etc. that might be used in the report. CJTEC is seeking a response from technology vendors that includes: 1. Name and description of product 2. Case studies or user testimonials highlighting law enforcement or similar use cases 3. Research studies on efficacy of the product 4. Contact information for a future conversation (name, role, email, phone number) An independent response should be submitted for each product that respondents would like CJTEC to consider for inclusion in the publication. NIJ encourages respondents to provide information in common file formats, such as Microsoft Word, pdf, or plain text. Each response should include contact information. Jennifer Scherer, Acting Director and Principal Deputy Director, National Institute of Justice. [FR Doc. 2022–03618 Filed 2–18–22; 8:45 am] BILLING CODE 4410–18–P You may submit your comments including the docket number of the petition by any of the following methods: 1. Email: zzMSHA-comments@ 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: Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202–5452, Attention: S. Aromie Noe, Acting Director, Office of Standards, Regulations, and Variances. 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. 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. FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), petitionsformodification@ dol.gov (email), or 202–693–9441 (facsimile). [These are not toll-free numbers.] ADDRESSES: 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. SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR I. Background Mine Safety and Health Administration 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. 3. In addition, sections 44.10 and 44.11 of 30 CFR establish the Petition for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice is a summary of four petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petitions must be received by MSHA’s Office of Standards, Regulations, and Variances on or before March 24, 2022. SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2021–045–C. Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, Montana 59072. Mine: Bull Mountains Mine No. 1, MSHA ID No. 24–01950, located in Musselshell County, Montana. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of 30 CFR 75.1002(a) to permit the use of 3M VersafloTM TR–800 Powered Air Purifying Respirators (PAPR) within 150 feet of the longwall face. The petitioner states that: 1. The petitioner uses 3M AirstreamTM Headgear-Mounted Powered Air Purifying Respirators to protect its longwall miners from exposure to respirable dust. 2. The 3M AirstreamTM system and replacement components production have been discontinued since June 1, 2020. Currently, there are no replacement PAPRs meeting the MSHA standards for permissibility relative to electronic equipment used in potentially explosive atmospheres of underground coal mines. 3. Explosive levels of methane or other explosive gases have never been encountered at Bull Mountains Mine No. 1. 4. The 3M VersafloTM TR–800 PAPR is not approved by MSHA as permissible equipment, and 3M is not pursuing approval. 5. 3M offers the 3M VersafloTM TR– 800 Intrinsically Safe PAPR motor/ blower and battery which qualify as intrinsically safe in the U.S., Canada, and other countries accepting the International Electrotechnical Commission System for Certification to Standards Relating to Equipment for Use in Explosive Atmospheres (IECEx). The 3M VersafloTM TR–800 PAPR blower is UL-certified with an intrinsically safe (IS) rating of Division 1: IS Class I, II, III; Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the most current standard (UL 60079, 6th Edition, 2013); ATEX Ce1tified with an IS rating of ia. The TR800 is rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia me 135oC Da, –20oC <Ta6. The petitioner states that the International Society of Automation/ American National Standards Institute (ISA/ANSI) standards are an acceptable alternative to ACRI2001 and provide an equivalent level of protection. VerDate Sep<11>2014 19:42 Feb 18, 2022 Jkt 256001 The petitioner proposes the following alternative method: 1. When not in operation, batteries for the 3M VersafloTM TR–800 PAPR shall be charged on the surface or underground in intake air and not within 150 feet of a worked-out area. 2. The batteries shall be inspected and changed at the surface or underground in intake air. 3. The 3M TR–644N 4 station or the 3M TR–641N battery chargers shall be used. 4. The 3M VersafloTM TR–800 PAPR shall exclusively use the TR–830 battery pack. 5. Miners shall be trained how to safely use, care for, and inspect the 3M VersafloTM TR–800 PAPRs. 6. Each 3M VersafloTM TR–800 PAPR shall be assessed for physical damage and integrity of the unit’s case before each use. 7. The 3M VersafloTM TR–800 PAPR shall not be used if methane levels are found to be at or above 1.0 percent. If the methane levels are higher than 1.0 percent, the equipment shall immediately be de-energized and withdrawn from the affected areas. 8. The 3M VersafloTM TR–800 PAPR shall not be used in continuous miner sections alongside proximity detection systems. 9. All qualified persons and miners affected shall receive specific training on the terms and conditions of this petition before using the equipment within 150 feet of the longwall face. A record of any training in this petition shall be kept and provided upon request by an authorized representative of MSHA. The petitioner asserts that the alternative 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–2021–046–C. Petitioner: Prairie State Generating Company, LLC, 4274 County Highway 12, Marissa, Illinois, 62257. Mine: Lively Grove Mine, MSHA ID No. 11–03193, located in St. Clair County, Illinois. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and performance requirements). Modification Request: The petitioner proposes an alternate method in lieu of service brakes on each wheel. Specifically, the petitioner requests to use the dual brake systems on the four rear wheels of the diesel-powered six wheeled Getman Roadbuilder, Model RDG–1540S and Getman Roadbuilder Model RDG–1004 underground road graders operated at the mine. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 9645 The petitioner states that: 1. A Proposed Decision and Order was issued on October 19, 2010, granting the petitioner’s modification request concerning 30 CFR 75.1909(b)(6) and allowing the petitioner to use the dual brake system on the four rear wheels of the Getman Roadbuilder, Model RDG–1540S. 2. The petitioner recently purchased an additional underground road grader, Getman Roadbuilder Model RDG–1004, serial number 6760. 3. The graders both have dual brake systems on the four rear wheels and are designed to prevent loss of braking due to a single component failure. Each of the brake systems features an accumulator pressure gauge and a lowpressure warning light. The graders are also equipped with: a spring-applied, hydraulic-release wet disc park and supplemental brake; transmission neutralizer; and test button for park brake testing. The independent braking systems are designed to operate even when oil, air, electrical, or transmission pressure fails. The petitioner proposes: 1. The petitioner will limit the speed of the diesel graders to 10 miles per hour (MPH) in either forward or reverse. This will be accomplished by the following: a. The shifter for each grader is permanently physically blocked to prevent the grader from being put into 4th gear. b. The transmission on each grader is modified internally so that the shifter cannot put the grader into 4th gear. c. Operation of each road grader in gears one through three will limit the speed to 10 miles per hour (MPH) or less. 2. Road grader operators will be trained concerning the provisions of this petition, and this training will be documented on an MSHA 5000–23 form. Grader operator training will include the following: a. The braking limitations of each road grader. b. The speed of each road grader is limited to 10 MPH or less. c. Fourth gear is not available for either road grader. d. As the angle of a road or slope increases, speed should be reduced by operating at a lower gear. e. As an alternate means to control the speed of either road grader, the moldboard can be lowered to the mine floor. The petitioner asserts that the alternative method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. E:\FR\FM\22FEN1.SGM 22FEN1 lotter on DSK11XQN23PROD with NOTICES1 9646 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices Docket Number: M–2022–001–C. Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, Montana 59072. Mine: Bull Mountains Mine No. 1, MSHA ID No. 24–01950, located in Musselshell County, Montana. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment.) Modification Request: The petitioner requests a modification of 30 CFR 75.500(d) to permit the 3M VersafloTM TR–800 Powered Air Purifying Respirators (PAPR) to be taken into or used inby the last crosscut. The petitioner states that: 1. The petitioner uses 3M AirstreamTM Headgear-Mounted Powered Air Purifying Respirators to protect its longwall miners from exposure to respirable dust. 2. The 3M AirstreamTM system and replacement components production have been discontinued since June 1, 2020. Currently, there are no replacement PAPRs meeting the MSHA standards for permissibility relative to electronic equipment used in potentially explosive atmospheres of underground coal mines. 3. Explosive levels of methane or other explosive gases have never been encountered at Bull Mountains Mine No. 1. 4. The 3M VersafloTM TR–800 PAPR is not approved by MSHA as permissible equipment, and 3M is not pursuing approval. 5. 3M offers the 3M VersafloTM TR– 800 Intrinsically Safe PAPR motor/ blower and battery which qualify as intrinsically safe in the U.S., Canada, and other countries accepting the International Electrotechnical Commission System for Certification to Standards Relating to Equipment for Use in Explosive Atmospheres (IECEx). The 3M VersafloTM TR–800 PAPR blower is UL-certified with an intrinsically safe (IS) rating of Division 1: IS Class I, II, III; Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the most current standard (UL 60079, 6th Edition, 2013); ATEX Ce1tified with an IS rating of ia. The TR–800 is rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia me 135oC Da, ¥20oC <Ta<+55oC, under the current standard (International Electrotechnical Commission 60079). 6. The petitioner states that the International Society of Automation/ American National Standards Institute (ISA/ANSI) standards are an acceptable alternative to ACRI2001 and provide an equivalent level of protection. The petitioner proposes the following alternative method: VerDate Sep<11>2014 19:42 Feb 18, 2022 Jkt 256001 1. When not in operation, batteries for the 3M VersafloTM TR–800 PAPR shall be charged on the surface or underground in intake air and not within 150 feet of a worked-out area. 2. The batteries shall be inspected and changed at the surface or underground in intake air. 3. The 3M TR–644N 4 station or the 3M TR–641N battery chargers shall be used. 4. The 3M VersafloTM TR–800 PAPR shall exclusively use the TR–830 battery pack. 5. Miners shall be trained how to safely use, care for, and inspect the 3M VersafloTM TR–800 PAPRs. 6. The 3M VersafloTM TR–800 PAPR shall be assessed for physical damage and integrity of the unit’s case before each use. 7. The 3M VersafloTM TR–800 PAPR shall not be used if methane levels are found to be at or above 1.0 percent. If the methane levels are higher than 1.0 percent, the equipment shall immediately be de-energized and withdrawn from the affected areas. 8. The 3M VersafloTM TR–800 PAPR shall not be used in continuous miner sections alongside proximity detection systems. 9. All qualified persons and miners affected shall receive specific training on the terms and conditions of this petition before taking or using the equipment inby the last crosscut. A record of any training in the petition shall be kept and provided upon request by an Authorized Representative. The petitioner asserts that the alternative 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–2022–002–C. Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, Montana 59072. Mine: Bull Mountains Mine No. 1, MSHA ID No. 24–01950, located in Musselshell County, Montana. Regulation Affected: 30 CFR 75.50701(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 30 CFR 75.50701(a) to permit the 3M VersafloTM TR–800 Powered Air Purifying Respirators (PAPR) to be used in return air outby the last open crosscut. The petitioner states that: 1. The petitioner uses 3M AirstreamTM Headgear-Mounted Powered Air Purifying Respirators to protect its longwall miners from exposure to respirable dust. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 2. The 3M AirstreamTM system and replacement components production have been discontinued since June 1, 2020. Currently, there are no replacement PAPRs meeting the MSHA standards for permissibility relative to electronic equipment used in potentially explosive atmospheres of underground coal mines. 3. Explosive levels of methane or other explosive gases have never been encountered at Bull Mountains Mine No. 1. 4. The 3M VersafloTM TR–800 PAPR is not approved by MSHA as permissible equipment, and 3M is not pursuing approval. 5. 3M offers the 3M VersafloTM TR– 800 Intrinsically Safe PAPR motor/ blower and battery which qualify as intrinsically safe in the U.S., Canada, and other countries accepting the International Electrotechnical Commission System for Certification to Standards Relating to Equipment for Use in Explosive Atmospheres (IECEx). The 3M VersafloTM TR–800 PAPR blower is UL-certified with an intrinsically safe (IS) rating of Division 1: IS Class I, II, III; Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the most current standard (UL 60079, 6th Edition, 2013); ATEX Ce1tified with an IS rating of ia. The TR800 is rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia me 135oC Da, ¥20oC <Ta<+55oC, under the current standard (International Electrotechnical Commission 60079). 6. The petitioner states that the International Society of Automation/ American National Standards Institute (ISA/ANSI) standards are an acceptable alternative to ACRI2001 and provide an equivalent level of protection. The petitioner proposes the following alternative method: 1. When not in operation, batteries for the 3M VersafloTM TR–800 PAPR shall be charged on the surface or underground in intake air and not within 150 feet of a worked-out area. 2. The batteries shall be inspected and changed at the surface or underground in intake air. 3. The 3M TR–644N 4 station or the 3M TR–641N battery chargers shall be used. 4. The 3M VersafloTM TR–800 PAPR shall exclusively use the TR–830 battery pack. 5. Miners shall be trained how to safely use, care for, and inspect the 3M VersafloTM TR–800 PAPRs. 6. The 3M VersafloTM TR–800 PAPR shall be assessed for physical damage and integrity of the unit’s case before each use. E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 7. The 3M VersafloTM TR–800 PAPR shall not be used if methane levels are found to be at or above 1.0 percent. If the methane levels are higher than 1.0 percent, the equipment shall immediately be de-energized and withdrawn from the affected areas. 8. The 3M VersafloTM TR–800 PAPR shall not be used in continuous miner sections alongside proximity detection systems. 9. All qualified persons and miners affected shall receive specific training on the terms and conditions of the petition before using the equipment in to be used in return air outby the last open crosscut. A record of any training in the petition shall be kept and provided upon request by an Authorized Representative. The petitioner asserts that the alternative 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. 2022–03686 Filed 2–18–22; 8:45 am] BILLING CODE 4520–43–P NUCLEAR REGULATORY COMMISSION [NRC–2022–0043] Monthly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations A. Obtaining Information Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular monthly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This monthly notice includes all amendments issued, or proposed to be issued, from January 7, 2022, to February 3, 2022. The last monthly lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: 19:42 Feb 18, 2022 Comments must be filed by March 24, 2022. A request for a hearing or petitions for leave to intervene must be filed by April 25, 2022. ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website: • Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2022–0043. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Kay Goldstein, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–1506, email: Kay.Goldstein@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Obtaining Information and Submitting Comments Nuclear Regulatory Commission. ACTION: Monthly notice. AGENCY: VerDate Sep<11>2014 notice was published on January 25, 2022. Jkt 256001 Please refer to Docket ID NRC–2022– 0043, facility name, unit number(s), docket number(s), application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2022–0043. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 9647 PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2022–0043, facility name, unit number(s), docket number(s), application date, and subject, in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Proposed No Significant Hazards Consideration Determination For the facility-specific amendment requests shown in this notice, the Commission finds that the licensees’ analyses provided, consistent with section 50.91 of title 10 of the Code of Federal Regulations (10 CFR), are sufficient to support the proposed determinations that these amendment requests involve NSHC. Under the Commission’s regulations in 10 CFR 50.92, operation of the facilities in accordance with the proposed E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9644-9647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03686]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: This notice is a summary of four petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before March 24, 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: Regular Mail or Hand Delivery: 
MSHA, Office of Standards, Regulations, and Variances, 201 12th Street 
South, Suite 4E401, Arlington, Virginia 22202-5452, Attention: S. 
Aromie Noe, Acting Director, Office of Standards, Regulations, and 
Variances. 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. 
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.

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 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

[[Page 9645]]

requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2021-045-C.
    Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.
    Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1002(a) to permit the use of 3M VersafloTM TR-800 
Powered Air Purifying Respirators (PAPR) within 150 feet of the 
longwall face.
    The petitioner states that:
    1. The petitioner uses 3M AirstreamTM Headgear-Mounted 
Powered Air Purifying Respirators to protect its longwall miners from 
exposure to respirable dust.
    2. The 3M AirstreamTM system and replacement components 
production have been discontinued since June 1, 2020. Currently, there 
are no replacement PAPRs meeting the MSHA standards for permissibility 
relative to electronic equipment used in potentially explosive 
atmospheres of underground coal mines.
    3. Explosive levels of methane or other explosive gases have never 
been encountered at Bull Mountains Mine No. 1.
    4. The 3M VersafloTM TR-800 PAPR is not approved by MSHA 
as permissible equipment, and 3M is not pursuing approval.
    5. 3M offers the 3M VersafloTM TR-800 Intrinsically Safe 
PAPR motor/blower and battery which qualify as intrinsically safe in 
the U.S., Canada, and other countries accepting the International 
Electrotechnical Commission System for Certification to Standards 
Relating to Equipment for Use in Explosive Atmospheres (IECEx). The 3M 
VersafloTM TR-800 PAPR blower is UL-certified with an 
intrinsically safe (IS) rating of Division 1: IS Class I, II, III; 
Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the 
most current standard (UL 60079, 6th Edition, 2013); ATEX Ce1tified 
with an IS rating of ia. The TR- 800 is rated and marked with Ex ia I 
Ma, Ex ia IIB T4 Ga, Ex ia me 135oC Da, -20oC TM TR-800 PAPR shall be charged on the surface or 
underground in intake air and not within 150 feet of a worked-out area.
    2. The batteries shall be inspected and changed at the surface or 
underground in intake air.
    3. The 3M TR-644N 4 station or the 3M TR-641N battery chargers 
shall be used.
    4. The 3M VersafloTM TR-800 PAPR shall exclusively use 
the TR-830 battery pack.
    5. Miners shall be trained how to safely use, care for, and inspect 
the 3M VersafloTM TR-800 PAPRs.
    6. Each 3M VersafloTM TR-800 PAPR shall be assessed for 
physical damage and integrity of the unit's case before each use.
    7. The 3M VersafloTM TR-800 PAPR shall not be used if 
methane levels are found to be at or above 1.0 percent. If the methane 
levels are higher than 1.0 percent, the equipment shall immediately be 
de-energized and withdrawn from the affected areas.
    8. The 3M VersafloTM TR-800 PAPR shall not be used in 
continuous miner sections alongside proximity detection systems.
    9. All qualified persons and miners affected shall receive specific 
training on the terms and conditions of this petition before using the 
equipment within 150 feet of the longwall face. A record of any 
training in this petition shall be kept and provided upon request by an 
authorized representative of MSHA.
    The petitioner asserts that the alternative 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-2021-046-C.
    Petitioner: Prairie State Generating Company, LLC, 4274 County 
Highway 12, Marissa, Illinois, 62257.
    Mine: Lively Grove Mine, MSHA ID No. 11-03193, located in St. Clair 
County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner proposes an alternate method 
in lieu of service brakes on each wheel. Specifically, the petitioner 
requests to use the dual brake systems on the four rear wheels of the 
diesel-powered six wheeled Getman Roadbuilder, Model RDG-1540S and 
Getman Roadbuilder Model RDG-1004 underground road graders operated at 
the mine.
    The petitioner states that:
    1. A Proposed Decision and Order was issued on October 19, 2010, 
granting the petitioner's modification request concerning 30 CFR 
75.1909(b)(6) and allowing the petitioner to use the dual brake system 
on the four rear wheels of the Getman Roadbuilder, Model RDG-1540S.
    2. The petitioner recently purchased an additional underground road 
grader, Getman Roadbuilder Model RDG-1004, serial number 6760.
    3. The graders both have dual brake systems on the four rear wheels 
and are designed to prevent loss of braking due to a single component 
failure. Each of the brake systems features an accumulator pressure 
gauge and a low-pressure warning light. The graders are also equipped 
with: a spring-applied, hydraulic-release wet disc park and 
supplemental brake; transmission neutralizer; and test button for park 
brake testing. The independent braking systems are designed to operate 
even when oil, air, electrical, or transmission pressure fails.
    The petitioner proposes:
    1. The petitioner will limit the speed of the diesel graders to 10 
miles per hour (MPH) in either forward or reverse. This will be 
accomplished by the following:
    a. The shifter for each grader is permanently physically blocked to 
prevent the grader from being put into 4th gear.
    b. The transmission on each grader is modified internally so that 
the shifter cannot put the grader into 4th gear.
    c. Operation of each road grader in gears one through three will 
limit the speed to 10 miles per hour (MPH) or less.
    2. Road grader operators will be trained concerning the provisions 
of this petition, and this training will be documented on an MSHA 5000-
23 form. Grader operator training will include the following:
    a. The braking limitations of each road grader.
    b. The speed of each road grader is limited to 10 MPH or less.
    c. Fourth gear is not available for either road grader.
    d. As the angle of a road or slope increases, speed should be 
reduced by operating at a lower gear.
    e. As an alternate means to control the speed of either road 
grader, the moldboard can be lowered to the mine floor.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than
    the same measure of protection afforded the miners under the 
mandatory standard.

[[Page 9646]]

    Docket Number: M-2022-001-C.
    Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.
    Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment.)
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to permit the 3M VersafloTM TR-800 Powered Air 
Purifying Respirators (PAPR) to be taken into or used inby the last 
crosscut.
    The petitioner states that:
    1. The petitioner uses 3M AirstreamTM Headgear-Mounted 
Powered Air Purifying Respirators to protect its longwall miners from 
exposure to respirable dust.
    2. The 3M AirstreamTM system and replacement components 
production have been discontinued since June 1, 2020. Currently, there 
are no replacement PAPRs meeting the MSHA standards for permissibility 
relative to electronic equipment used in potentially explosive 
atmospheres of underground coal mines.
    3. Explosive levels of methane or other explosive gases have never 
been encountered at Bull Mountains Mine No. 1.
    4. The 3M VersafloTM TR-800 PAPR is not approved by MSHA 
as permissible equipment, and 3M is not pursuing approval.
    5. 3M offers the 3M VersafloTM TR-800 Intrinsically Safe 
PAPR motor/blower and battery which qualify as intrinsically safe in 
the U.S., Canada, and other countries accepting the International 
Electrotechnical Commission System for Certification to Standards 
Relating to Equipment for Use in Explosive Atmospheres (IECEx). The 3M 
VersafloTM TR-800 PAPR blower is UL-certified with an 
intrinsically safe (IS) rating of Division 1: IS Class I, II, III; 
Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the 
most current standard (UL 60079, 6th Edition, 2013); ATEX Ce1tified 
with an IS rating of ia. The TR-800 is rated and marked with Ex ia I 
Ma, Ex ia IIB T4 Ga, Ex ia me 135oC Da, -20oC TM TR-800 PAPR shall be charged on the surface or 
underground in intake air and not within 150 feet of a worked-out area.
    2. The batteries shall be inspected and changed at the surface or 
underground in intake air.
    3. The 3M TR-644N 4 station or the 3M TR-641N battery chargers 
shall be used.
    4. The 3M VersafloTM TR-800 PAPR shall exclusively use 
the TR-830 battery pack.
    5. Miners shall be trained how to safely use, care for, and inspect 
the 3M VersafloTM TR-800 PAPRs.
    6. The 3M VersafloTM TR-800 PAPR shall be assessed for 
physical damage and integrity of the unit's case before each use.
    7. The 3M VersafloTM TR-800 PAPR shall not be used if 
methane levels are found to be at or above 1.0 percent. If the methane 
levels are higher than 1.0 percent, the equipment shall immediately be 
de-energized and withdrawn from the affected areas.
    8. The 3M VersafloTM TR-800 PAPR shall not be used in 
continuous miner sections alongside proximity detection systems.
    9. All qualified persons and miners affected shall receive specific 
training on the terms and conditions of this petition before taking or 
using the equipment inby the last crosscut. A record of any training in 
the petition shall be kept and provided upon request by an Authorized 
Representative.
    The petitioner asserts that the alternative 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-2022-002-C.
    Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.
    Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.50701(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 30 
CFR 75.50701(a) to permit the 3M VersafloTM TR-800 Powered 
Air Purifying Respirators (PAPR) to be used in return air outby the 
last open crosscut.
    The petitioner states that:
    1. The petitioner uses 3M AirstreamTM Headgear-Mounted 
Powered Air Purifying Respirators to protect its longwall miners from 
exposure to respirable dust.
    2. The 3M AirstreamTM system and replacement components 
production have been discontinued since June 1, 2020. Currently, there 
are no replacement PAPRs meeting the MSHA standards for permissibility 
relative to electronic equipment used in potentially explosive 
atmospheres of underground coal mines.
    3. Explosive levels of methane or other explosive gases have never 
been encountered at Bull Mountains Mine No. 1.
    4. The 3M VersafloTM TR-800 PAPR is not approved by MSHA 
as permissible equipment, and 3M is not pursuing approval.
    5. 3M offers the 3M VersafloTM TR-800 Intrinsically Safe 
PAPR motor/blower and battery which qualify as intrinsically safe in 
the U.S., Canada, and other countries accepting the International 
Electrotechnical Commission System for Certification to Standards 
Relating to Equipment for Use in Explosive Atmospheres (IECEx). The 3M 
VersafloTM TR-800 PAPR blower is UL-certified with an 
intrinsically safe (IS) rating of Division 1: IS Class I, II, III; 
Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the 
most current standard (UL 60079, 6th Edition, 2013); ATEX Ce1tified 
with an IS rating of ia. The TR- 800 is rated and marked with Ex ia I 
Ma, Ex ia IIB T4 Ga, Ex ia me 135oC Da, -20oC TM TR-800 PAPR shall be charged on the surface or 
underground in intake air and not within 150 feet of a worked-out area.
    2. The batteries shall be inspected and changed at the surface or 
underground in intake air.
    3. The 3M TR-644N 4 station or the 3M TR-641N battery chargers 
shall be used.
    4. The 3M VersafloTM TR-800 PAPR shall exclusively use 
the TR-830 battery pack.
    5. Miners shall be trained how to safely use, care for, and inspect 
the 3M VersafloTM TR-800 PAPRs.
    6. The 3M VersafloTM TR-800 PAPR shall be assessed for 
physical damage and integrity of the unit's case before each use.

[[Page 9647]]

    7. The 3M VersafloTM TR-800 PAPR shall not be used if 
methane levels are found to be at or above 1.0 percent. If the methane 
levels are higher than 1.0 percent, the equipment shall immediately be 
de-energized and withdrawn from the affected areas.
    8. The 3M VersafloTM TR-800 PAPR shall not be used in 
continuous miner sections alongside proximity detection systems.
    9. All qualified persons and miners affected shall receive specific 
training on the terms and conditions of the petition before using the 
equipment in to be used in return air outby the last open crosscut. A 
record of any training in the petition shall be kept and provided upon 
request by an Authorized Representative.
    The petitioner asserts that the alternative 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. 2022-03686 Filed 2-18-22; 8:45 am]
BILLING CODE 4520-43-P