Petition for Modification of Application of Existing Mandatory Safety Standards, 73043 [2022-25869]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Page 73043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25869]


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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.

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SUMMARY: This notice is a 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 December 28, 
2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0061 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0061.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. 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, 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.

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 (fax). [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-2022-026-C.
    Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine 
Road, Adger, Alabama, 35006.
    Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson 
County, Alabama.
    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 the CleanSpace EX Powered 
Respirator, an intrinsically safe Powered Air Purifying Respirator 
(PAPR), within 150 feet of pillar workings or longwall faces as an 
alternative method for respirable dust protection.
    The petitioner states that:
    (a) Oak Grove Mine previously used the 3M airstream helmets to 
provide miners respirable dust protection on the longwall faces. 3M has 
discontinued the Airstream helmet and there are no other MSHA approved 
PAPRs available.
    (b) The CleanSpace EX is certified by UL under the ANSI/UL 60079-11 
standard to be used in hazardous locations because it meets the 
intrinsic safety protection level and is acceptable in other 
jurisdictions for use in mines with the potential for methane 
accumulation.
    (d) The CleanSpace EX Power Unit, manufactured by CleanSpace, has 
been determined to be intrinsically safe under IECEx and other 
countries' standards. CleanSpace is not pursuing MSHA approval.
    The petitioner proposes the following alternative method:
    (a) The equipment will be examined at least weekly by a qualified 
person in accordance with 30 CFR 75.512-2. Examination results will be 
recorded weekly and may be expunged after 1 year.
    (b) The petitioner will comply with 30 CFR 75.323.
    (c) A qualified person under 30 CFR 75.151 will monitor for methane 
as is required in the affected area of the mine.
    (e) When not in operation, batteries for the PAPR will be charged 
on the surface or underground in intake air and not within 150 feet of 
the pillar workings or longwall face.
    (f) The following battery charging products will be used: PAF-0066 
and PAF-1100.
    (g) Qualified miners will receive training regarding how to safely 
use, care for, and inspect the PAPR and on the Decision and Order 
before using equipment in the relevant part of the mine. A record of 
the training will be kept and made available upon request.
    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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-25869 Filed 11-25-22; 8:45 am]
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