[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.

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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: <a href="/cdn-cgi/l/email-protection#cab0b08799828be7a9a5a7a7afa4beb98aaea5a6e4ada5bc"><span class="__cf_email__" data-cfemail="9ae0e0d7c9d2dbb7f9f5f7f7fff4eee9dafef5f6b4fdf5ec">[email protected]</span></a>. 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), 
<a href="/cdn-cgi/l/email-protection#82f2e7f6ebf6ebedecf1e4edf0efede6ebe4ebe1e3f6ebedecc2e6edeeace5edf4"><span class="__cf_email__" data-cfemail="106075647964797f7e63767f627d7f74797679737164797f7e50747f7c3e777f66">[email protected]</span></a> (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 Versaflo<SUP>TM</SUP> TR-800 
Powered Air Purifying Respirators (PAPR) within 150 feet of the 
longwall face.
    The petitioner states that:
    1. The petitioner uses 3M Airstream<SUP>TM</SUP> Headgear-Mounted 
Powered Air Purifying Respirators to protect its longwall miners from 
exposure to respirable dust.
    2. The 3M Airstream<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> TR-800 PAPR is not approved by MSHA 
as permissible equipment, and 3M is not pursuing approval.
    5. 3M offers the 3M Versaflo<SUP>TM</SUP> 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 
Versaflo<SUP>TM</SUP> 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 <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.
    The petitioner proposes the following alternative method:
    1. When not in operation, batteries for the 3M 
Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> TR-800 PAPRs.
    6. Each 3M Versaflo<SUP>TM</SUP> TR-800 PAPR shall be assessed for 
physical damage and integrity of the unit's case before each use.
    7. The 3M Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Airstream<SUP>TM</SUP> Headgear-Mounted 
Powered Air Purifying Respirators to protect its longwall miners from 
exposure to respirable dust.
    2. The 3M Airstream<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> TR-800 PAPR is not approved by MSHA 
as permissible equipment, and 3M is not pursuing approval.
    5. 3M offers the 3M Versaflo<SUP>TM</SUP> 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 
Versaflo<SUP>TM</SUP> 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:
    1. When not in operation, batteries for the 3M 
Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> TR-800 PAPRs.
    6. The 3M Versaflo<SUP>TM</SUP> TR-800 PAPR shall be assessed for 
physical damage and integrity of the unit's case before each use.
    7. The 3M Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Airstream<SUP>TM</SUP> Headgear-Mounted 
Powered Air Purifying Respirators to protect its longwall miners from 
exposure to respirable dust.
    2. The 3M Airstream<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> TR-800 PAPR is not approved by MSHA 
as permissible equipment, and 3M is not pursuing approval.
    5. 3M offers the 3M Versaflo<SUP>TM</SUP> 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 
Versaflo<SUP>TM</SUP> 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:
    1. When not in operation, batteries for the 3M 
Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> TR-800 PAPRs.
    6. The 3M Versaflo<SUP>TM</SUP> TR-800 PAPR shall be assessed for 
physical damage and integrity of the unit's case before each use.

[[Page 9647]]

    7. The 3M Versaflo<SUP>TM</SUP> 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 Versaflo<SUP>TM</SUP> 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


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