28906 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

1See https://www.nap.edu/catalog/24835/asmarter-national-surveillance-system-foroccupational-safety-and-health-in-the-21st-century. 

injuries and illnesses are managed and 

give a more complete accounting of the 

types of injuries and illnesses that occur 

to workers and how they occurred. Prior 

to these pilot studies, the BLS Survey of 

Occupational Injuries and Illnesses 

(SOII) collected and published only data 

on the case circumstances and worker 

characteristics for DAFW cases. These 

pilot studies expanded the SOII to 

collect and report the same detail for 

DJTR cases for select industries. Data 

from these pilots can be found at 

https://www.bls.gov/iif/soiidata.htm#djtr. 

The proportion of DJTR cases as a 

percentage of DART cases among 

private industry overall has trended 

higher since 1992, while the proportion 

of DAFW cases has trended downward 

over this period. Both the incidence rate 

and number of cases of DJTR has 

exceeded that of DAFW in the 

manufacturing industry sector since the 

late 1990s. The pilot collection of DJTR 

case details has provided important 

insights into workplace safety and 

health data that were previously 

unavailable. Analysis of DJTR data 

showed that their inclusion provides a 

more complete understanding of the 

circumstances leading to occupational 

injuries and illnesses than DAFW cases 

alone can provide. For example, DJTR 

cases as a percentage of DART cases in 

the Food services and drinking places 

industry remained the same regardless 

of the age of the worker. While in the 

Amusement, gambling, and recreation 

industry, workers under the age of 45 

had a higher percentage of DJTR cases 

than DAFW cases. If studying only a few 

selected industries, policy makers and 

researchers would be unable to 

determine the complete picture of this 

phenomenon. If all industries could be 

analyzed, safety resources and return-towork strategies could be developed to 

address the unique work experiences by 

the age of the worker or by other 

characteristics. 

Based on the findings from these 

studies and the depth of information 

they produced, as well as the 

recommendation from the National 

Academy of Sciences (NAS) A Smarter 

National Surveillance System for 

Occupational Safety and Health in the 

21st Century,1 the BLS decided to 

collect information on DJTR cases for all 

industries. Particularly, 

Recommendation A from Chapter 4 of 

the NAS report noted, ‘‘BLS should 

routinely collect detailed case and 

demographic data for injuries and 

illnesses resulting in job transfer or 

restricted duty as well as those resulting 

in days away from work.’’ The report 

further notes that this could be easily 

accomplished in the short term with 

minimal impact to respondent burden 

due to the fact that these data are 

already recorded by employers. 

III. Desired Focus of Comments 

The Bureau of Labor Statistics is 

particularly interested in comments 

that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility. 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• 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 submissions 

of responses. 

Title of Collection: Survey of 

Occupational Injuries and Illnesses. 

OMB Number: 1220–0045. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profits; Not-for-profit institutions; 

Farms; State, Local or Tribal 

Governments. 

BLS 9300 RESPONDENT BURDEN ESTIMATES

Form 9300 Total 

respondents Frequency Total responses 

Average time 

per response 

(minutes) 

Estimated 

burden 

hours 

Total Reporting Burden ..................... 86,200 Annually ............................................ 86,200 63.698 91,513 

Total Recording Burden .................... 232,800 Annually ............................................ 232,800 24.831 96,346 

Totals ......................................... 232,800 Annually ............................................ 232,800 ........................ 187,859 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they also 

will become a matter of public record. 

Signed at Washington, DC, this 25th day of 

May 2021. 

Leslie Bennett, 

Acting Chief, Division of Management 

Systems. 

[FR Doc. 2021–11367 Filed 5–27–21; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice includes the 

summaries of three petitions for 

modification submitted to the Mine 

Safety and Health Administration 

(MSHA) by the party listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before June 28, 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 

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28907 

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. 

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. Petitions for Modification 

Docket Number: M–2021–016–C. 

Petitioner: Consol Pennsylvania Coal 

Company LLC, 1000 Consol Energy 

Drive, Canonsburg, Pennsylvania (ZIP 

15317). 

Mine: Enlow Fork Mine, MSHA ID 

No. 36–07416, located in Washington 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.507– 

1(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 the existing 

standard, 30 CFR 75.507–1(a), as it 

relates to the use of an alternative 

method of respirable dust protection for 

miners at the Enlow Fork Mine in 

Pennsylvania. Specifically, the 

petitioner is applying to use the 3MTM

VersafloTM TR–800 Intrinsically Safe 

Powered Air Purifying Respirator 

(PAPR) and the CleanSpace EX in return 

air outby the last open crosscut. 

The petitioner states that: 

(a) Currently the petitioner uses the 

3MTM AirstreamTM helmet to provide 

additional protection for its miners 

against exposure to respirable coal mine 

dust. There are clear long-term health 

benefits from using such technology. 

(b) 3M elected to discontinue the 3M TM AirstreamTM helmet, replacing it 

with a 3MTM VersafloTM TR–800 which 

benefits from additional features and 

reduced weight. Because of its reduced 

weight, it provides significant 

ergonomic benefits. 

(c) For more than 40 years the 3MTM

AirstreamTM Headgear-Mounted PAPR 

System has been used by many mine 

operators to help protect their workers. 

During those years there have been 

technological advancements in products 

and services for industrial applications. 

3M indicated that they had faced 

multiple key component supply 

disruptions for the AirstreamTM product 

line that created issues with providing 

acceptable supply service levels. 

Because of those issues, 3M 

discontinued the AirstreamTM in June 

2020, and this discontinuation is global. 

(d) 3M announced that February 2020 

was the final time to place an order for 

systems and components and that June 

2020 was the final date to purchase 

AirstreamTM components. 

(e) Currently there are no replacement 

3M PAPRs that meet applicable MSHA 

standards for permissibility. Electronic 

equipment used in underground mines 

in potentially explosive atmospheres is 

required to be approved by MSHA in 

accordance with 30 CFR. 3M and other 

manufacturers offer alternative products 

for many other environments and 

applications. 

(f) Following the discontinuation, 

mines that currently use the 

AirstreamTM do not have an MSHAapproved alternative PAPR to provide to 

miners. One of the benefits of PAPRs is 

that they provide a constant flow of air 

inside the headtop or helmet. This 

constant airflow helps to provide both 

respiratory protection and comfort in 

hot working environments. 

(g) Application of the standard results 

in a diminution of safety at the mine. 

(h) The 3MTM VersafloTM TR–800 

motor/blower and battery qualify as 

intrinsically safe in the U.S., Canada, 

and any other country accepting IECEx 

(International Electrotechnical 

Commission System for Certification to 

Standards Relating to Equipment for 

Use in Explosive Atmospheres) reports. 

The 3MTM VersafloTM TR–800 has a 

blower that 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). It is ATEXcertified with an IS rating of ‘‘ia.’’ 

(ATEX refers to European directives for 

controlling explosive atmospheres.) It is 

rated and marked with Ex ia I Ma, Ex 

ia IIB T4 Ga, Ex ia IIIC 135 °C Da, ¥20 

°C ≤ Ta ≤ +55 °C, under the current 

standard (IEC 60079). 

(i) The petitioner requests a 

modification to also permit the use of 

CleanSpace EX powered respirator 

under the same conditions as it 

proposed with respect to the 3MTM

VersafloTM TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3MTM VersafloTM TR–800 is 

not MSHA approved as permissible, and 

3M is not pursuing approval. 

(k) The CleanSpace EX Power Unit is 

not MSHA approved as permissible, and 

CleanSpace is not pursuing approval. 

(l) The standards for approval of these 

respirators are an acceptable alternative 

to MSHA’s standards and provide an 

equivalent level of protection. 

The petitioner proposes the following 

alternative method: 

(a) Affected mine employees must be 

trained in the proper use and 

maintenance of the 3MTM VersafloTM

TR–800 and the CleanSpace EX in 

accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3MTM VersafloTM TR–800 

nor the CleanSpace EX is approved 

under 30 CFR part 18 and must be deenergized when 1.0 or more percent 

methane is detected. The training shall 

also include the proper method to deenergize these PAPRs. In addition to 

manufacturer guidelines, the petitioner 

will require that mine employees be 

trained to inspect the units before use to 

determine if there is any damage to the 

units that would negatively impact 

intrinsic safety as well as all 

stipulations in this petition. 

(b) The PAPRs, battery packs, and all 

associated wiring and connections must 

be inspected before use to determine if 

there is any damage to the units that 

would negatively impact intrinsic 

safety. If any defects are found, the 

PAPR must be removed from service. 

(c) The operator will maintain a 

separate logbook for the 3MTM

VersafloTM TR–800 and CleanSpace EX 

28908 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

PAPRs that shall be kept with the 

equipment or in a location with other 

mine record books and shall be made 

available to MSHA upon request. The 

equipment shall be examined at least 

weekly by a qualified person as defined 

in 30 CFR 75.512–1 and the 

examination results recorded in the 

logbook. Since float coal dust is 

removed by the air filter prior to 

reaching the motor, the PAPR user shall 

conduct regular examinations of the 

filter and perform periodic testing for 

proper operation of the ‘‘high filter load 

alarm’’ on the 3MTM VersafloTM TR–800 

and the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs to be used in the 

return air outby the last open crosscut 

shall be physically examined prior to 

initial use, and each unit will be 

assigned a unique identification 

number. Each unit shall be examined by 

the person to operate the equipment 

prior to taking the equipment 

underground to ensure the equipment is 

being used according to the original 

equipment manufacturer’s 

recommendations and maintained in a 

safe operating condition. 

(e) The examination for the 3MTM

VersafloTM TR–800 shall include: 

i. Check the equipment for any 

physical damage and the integrity of the 

case; 

ii. Remove the battery and inspect for 

corrosion; 

iii. Inspect the contact points to 

ensure a secure connection to the 

battery; 

iv. Reinsert the battery and power up 

and shut down to ensure proper 

connections; 

v. Check the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

vi. For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

(f) The CleanSpace EX does not have 

an accessible/removable battery. The 

battery and motor/blower assembly are 

both contained within the sealed power 

pack assembly and cannot be removed, 

reinserted, or fastened. The pre-use 

examination is limited to inspecting the 

equipment for indications of physical 

damage. 

(g) The operator is to ensure that all 

3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs are serviced 

according to the manufacturer’s 

recommendations. Dates of service will 

be recorded in the equipment’s log book 

and shall include a description of the 

work performed. 

(h) The 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs that will be used 

in the return air outby the last open 

crosscut, or in areas where methane may 

enter the air current, shall not be put 

into service until MSHA has initially 

inspected the equipment and 

determined that it is in compliance with 

all the terms and conditions of the 

Decision and Order. 

(i) Prior to energizing the 3MTM

VersafloTM TR–800 or the CleanSpace 

EX in the return air outby the last open 

crosscut, methane tests must be made in 

accordance with 30 CFR 75.323(a). 

(j) All hand-held methane detectors 

shall be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined by 30 

CFR 75.320. All methane detectors must 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

(k) A qualified person as defined in 30 

CFR 75.151 shall continuously monitor 

for methane immediately before and 

during the use of the 3MTM VersafloTM

TR–800 or CleanSpace EX in the return 

air outby the last open crosscut or in 

areas where methane may enter the air 

current. 

(l) Neither the 3MTM VersafloTM TR– 

800 nor the CleanSpace EX shall be 

used if methane is detected in 

concentrations at or above 1.0 percent. 

When 1.0 percent or more of methane is 

detected while the 3MTM VersafloTM

TR–800 or CleanSpace EX is being used, 

the equipment shall be de-energized 

immediately and the equipment 

withdrawn outby the last open crosscut. 

(m) The petitioner will use only the 

3MTM TR–830 Battery Pack, which 

meets lithium battery safety standard 

UL 1642 or IEC 62133 in the 3MTM

VersafloTM TR–800. The petitioner will 

use only the CleanSpace EX Power Unit 

which meets lithium battery safety 

standard UL 1642 or IEC 62133 in the 

CleanSpace EX. 

(n) The battery packs must be 

‘‘changed out’’ in intake air outby the 

last open crosscut. Before each shift 

when the 3MTM VersafloTM TR–800 or 

CleanSpace EX is to be used, all 

batteries and power units for the 

equipment must be charged sufficiently 

so that they are not expected to be 

replaced on that shift. 

(o) The following maintenance and 

use conditions shall apply to equipment 

containing lithium-type batteries: 

i. Always correctly use and maintain 

the lithium-ion battery packs. Neither 

the 3MTM TR–830 Battery Pack nor the 

CleanSpace EX Power Unit may be 

disassembled or modified by anyone 

other than persons permitted by the 

manufacturer of the equipment. 

ii. The 3MTM TR–830 Battery Pack 

must only be charged in an area free of 

combustible material, readily 

monitored, and located on the surface of 

the mine. The 3MTM TR–830 Battery 

Pack is to be charged by either: 

a. 3MTM Battery Charger Kit TR–641N, 

which includes one 3MTM Charger 

Cradle TR–640 and one 3MTM Power 

Supply TR–941N, or 

b. 3MTM 4-Station Battery Charger Kit 

TR–644N, which includes four 3MTM

Charger Cradles TR–640 and one 3MTM

4-Station Battery Charger Base/Power 

Supply TR–944N. 

iii. The CleanSpace EX Power Unit is 

to be charged only by the CleanSpace 

Battery Charger EX, Product Code PAF– 

0066. 

iv. The batteries must not be allowed 

to get wet. This does not preclude 

incidental exposure of sealed battery 

packs. 

v. The batteries shall not be used, 

charged, or stored in locations where 

the manufacturer’s recommended 

temperature limits are exceeded. The 

batteries must not be placed in direct 

sunlight or used or stored near a source 

of heat. 

(p) Personnel engaged in the use of 

the 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs shall be properly 

trained to recognize the hazards and 

limitations associated with the use of 

the equipment in areas where methane 

could be present. Additionally, 

personnel shall be trained regarding 

proper procedures for donning Self 

Contained Self Rescuers (SCSRs) during 

a mine emergency while wearing the 

3MTM VersafloTM TR- 800 or CleanSpace 

EX. The mine operator shall submit 

proposed revisions to update the Mine 

Emergency Evacuation and Firefighting 

Program of Instruction under 30 CFR 

75.1502 to address this issue. 

(q) Within 60 days after the Decision 

and Order becomes final, the operator 

shall submit proposed revisions for its 

approved 30 CFR part 48 training plans 

to the Mine Safety and Health 

Enforcement District Manager. These 

proposed revisions shall specify initial 

and refresher training regarding the 

terms and conditions stated in the 

Decision and Order. When training is 

conducted on the terms and conditions 

in the Decision and Order, an MSHA 

Certificate of Training (Form 5000–23) 

shall be completed. Comments shall be 

included on the Certificate of Training 

indicating that the training received was 

for use of the 3MTM VersafloTM TR–800 

or CleanSpace EX. 

(r) All personnel who will be involved 

with or affected by the use of the 3MTM

VersafloTM TR–800 or CleanSpace EX 

shall receive training in accordance 

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28909 

with 30 CFR 48.7 on the requirements 

of the Decision and Order within 60 

days of the date the Decision and Order 

becomes final. Such training must be 

completed before any 3MTM VersafloTM

TR–800 or CleanSpace EX can be used 

in return air outby the last open 

crosscut. The operator shall keep a 

record of such training and provide 

such record to MSHA upon request. 

(s) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by the use of 

the 3MTM VersafloTM TR–800 or 

CleanSpace EX in accordance with 30 

CFR 48.8. The operator shall train new 

miners on the requirements of the 

Decision and Order in accordance with 

30 CFR 48.5 and shall train experienced 

miners on the requirements of the 

Decision and Order in accordance with 

30 CFR 48.6. The operator shall keep a 

record of such training and provide 

such record to MSHA upon request. 

(t) The operator shall post the 

Decision and Order in unobstructed 

locations on the bulletin boards and/or 

in other conspicuous places where 

notices to miners are ordinarily posted 

for a period of not less than 60 

consecutive days. 

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. 

Docket Number: M–2021–017–C. 

Petitioner: Consol Pennsylvania Coal 

Company LLC, 1000 Consol Energy 

Drive, Canonsburg, Pennsylvania (ZIP 

15317). 

Mine: Enlow Fork Mine, MSHA ID 

No. 36–07416, located in Washington 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard, 30 CFR 75.500(d), as it relates 

to the use of an alternative method of 

respirable dust protection for miners at 

the Enlow Fork Mine in Pennsylvania. 

Specifically, the petitioner is applying 

to use the 3MTM VersafloTM TR–800 

Intrinsically Safe Powered Air Purifying 

Respirator (PAPR), and the CleanSpace 

EX in or inby the last crosscut. 

The petitioner states that: 

(a) Currently the petitioner uses the 

3MTM AirstreamTM helmet to provide 

additional protection for its miners 

against exposure to respirable coal mine 

dust. There are clear long-term health 

benefits from using such technology. 

(b) 3M elected to discontinue the 

3MTM AirstreamTM helmet, replacing it 

with a 3MTM VersafloTM TR–800 unit 

which benefits from additional features 

and reduced weight. Because of its 

reduced weight, it provides significant 

ergonomic benefits. 

(c) For more than 40 years the 3MTM

AirstreamTM Headgear-Mounted PAPR 

System has been used by many mine 

operators to help protect their workers. 

During those years there have been 

technological advancements in products 

and services for industrial applications. 

3M indicated that they had faced 

multiple key component supply 

disruptions for the AirstreamTM product 

line that created issues with providing 

acceptable supply service levels. 

Because of those issues, 3M 

discontinued the AirstreamTM in June 

2020 and this discontinuation is global. 

(d) 3M announced that February 2020 

was the final time to place an order for 

systems and components and that June 

2020 was the final date to purchase 

AirstreamTM components. 

(e) Currently there are no replacement 

3M PAPRs that meet applicable MSHA 

standards for permissibility. Electronic 

equipment used in underground mines 

in potentially explosive atmospheres is 

required to be approved by MSHA in 

accordance with 30 CFR. 3M and other 

manufacturers offer alternative products 

for many other environments and 

applications. 

(f) Following the discontinuation, 

mines that currently use the 

AirstreamTM do not have an MSHAapproved alternative PAPR to provide to 

miners. One of the benefits of PAPRs is 

that they provide a constant flow of air 

inside the headtop or helmet. This 

constant airflow helps to provide both 

respiratory protection and comfort in 

hot working environments. 

(g) Application of the standard results 

in a diminution of safety at the mine. 

(h) The 3MTM VersafloTM TR–800 

motor/blower and battery qualify as 

intrinsically safe in the US, Canada, and 

any other country accepting IECEx 

(International Electrotechnical 

Commission System for Certification to 

Standards Relating to Equipment for 

Use in Explosive Atmospheres) reports. 

The 3MTM VersafloTM TR–800 has a 

blower that 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). It is ATEXcertified with an IS rating of ‘‘ia.’’ 

(ATEX refers to European directives for 

controlling explosive atmospheres.) It is 

rated and marked with Ex ia I Ma, Ex 

ia IIB T4 Ga, Ex ia IIIC 135 °C Da, ¥20 

°C ≤ Ta ≤ +55 °C, under the current 

standard (IEC 60079). 

(i) The petitioner requests a 

modification to also permit the use of 

CleanSpace EX powered respirator 

under the same conditions as it 

proposed with respect to the 3MTM

VersafloTM TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3MTM VersafloTM TR–800 is 

not MSHA approved as permissible, and 

3M is not pursuing approval. 

(k) The CleanSpace EX Power Unit is 

not MSHA approved as permissible, and 

CleanSpace is not pursuing approval. 

(l) The standards for approval of these 

respirators are an acceptable alternative 

to MSHA’s standards and provide an 

equivalent level of protection. 

The petitioner proposes the following 

alternative method: 

(a) Affected mine employees must be 

trained in the proper use and 

maintenance of the 3MTM VersafloTM

TR–800 and the CleanSpace EX in 

accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3MTM VersafloTM TR–800 

nor the CleanSpace EX is approved 

under 30 CFR part 18 and must be deenergized when 1.0 or more percent 

methane is detected. The training shall 

also include the proper method to deenergize these PAPRs. In addition to 

manufacturer guidelines, the petitioner 

will require that mine employees be 

trained to inspect the units before use to 

determine if there is any damage to the 

units that would negatively impact 

intrinsic safety as well as all 

stipulations in this petition. 

(b) The PAPRs, battery packs, and all 

associated wiring and connections must 

be inspected before use to determine if 

there is any damage to the units that 

would negatively impact intrinsic 

safety. If any defects are found, the 

PAPR must be removed from service. 

(c) The operator will maintain a 

separate logbook for the 3MTM

VersafloTM TR–800 and CleanSpace EX 

PAPRs that shall be kept with the 

equipment, or in a location with other 

mine record books and shall be made 

available to MSHA upon request. The 

equipment shall be examined at least 

weekly by a qualified person as defined 

in 30 CFR 75.512–1 and the 

examination results recorded in the 

logbook. Since float coal dust is 

removed by the air filter prior to 

reaching the motor, the PAPR user shall 

conduct regular examinations of the 

filter and perform periodic testing for 

proper operation of the ‘‘high filter load 

alarm’’ on the 3MTM VersafloTM TR–800 

and the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs to be used inby 

the last open crosscut shall be 

28910 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

physically examined prior to initial use, 

and each unit will be assigned a unique 

identification number. Each unit shall 

be examined by the person to operate 

the equipment prior to taking the 

equipment underground to ensure the 

equipment is being used according to 

the original equipment manufacturer’s 

recommendations and maintained in a 

safe operating condition. 

(e) The examination for the 3MTM

VersafloTM TR–800I shall include: 

i. Check the equipment for any 

physical damage and the integrity of the 

case; 

ii. Remove the battery and inspect for 

corrosion; 

iii. Inspect the contact points to 

ensure a secure connection to the 

battery; 

iv. Reinsert the battery and power up 

and shut down to ensure proper 

connections; 

v. Check the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

vi. For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

(f) The CleanSpace EX does not have 

an accessible/removable battery. The 

battery and motor/blower assembly are 

both contained within the sealed power 

pack assembly and cannot be removed, 

reinserted, or fastened. The pre-use 

examination is limited to inspecting the 

equipment for indications of physical 

damage. 

(g) The operator is to ensure that all 

3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs are serviced 

according to the manufacturer’s 

recommendations. Dates of service will 

be recorded in the equipment’s log book 

and shall include a description of the 

work performed. 

(h) The 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs that will be used 

inby the last open crosscut, or in areas 

where methane may enter the air 

current, shall not be put into service 

until MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all the terms and 

conditions of the Decision and Order. 

(i) Prior to energizing the 3MTM

VersafloTM TR–800 or the CleanSpace 

EX inby the last open crosscut, methane 

tests must be made in accordance with 

30 CFR 75.323(a). 

(j) All hand-held methane detectors 

shall be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined by 30 

CFR 75.320. All methane detectors must 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

(k) A qualified person as defined in 30 

CFR 75.151 shall continuously monitor 

for methane immediately before and 

during the use of the 3MTM VersafloTM

TR–800 or CleanSpace EX in the return 

air inby the last open crosscut or in 

areas where methane may enter the air 

current. 

(l) Neither the 3MTM VersafloTM TR– 

800 nor the CleanSpace EX shall be 

used if methane is detected in 

concentrations at or above 1.0 percent. 

When 1.0 percent or more of methane is 

detected while the 3MTM VersafloTM

TR–800 or CleanSpace EX is being used, 

the equipment shall be de-energized 

immediately and the equipment 

withdrawn outby the last open crosscut. 

(m) The petitioner will use only the 

3MTM TR–830 Battery Pack, which 

meets lithium battery safety standard 

UL 1642 or IEC 62133, in the 3MTM

VersafloTM TR–800. The petitioner will 

use only the CleanSpace EX Power Unit 

which meets lithium battery safety 

standard UL 1642 or IEC 62133 in the 

CleanSpace EX. 

(n) The battery packs must be 

‘‘changed out’’ in intake air outby the 

last open crosscut. Before each shift 

when the 3MTM VersafloTM TR–800 or 

CleanSpace EX is to be used, all 

batteries and power units for the 

equipment must be charged sufficiently 

so that they are not expected to be 

replaced on that shift. 

(o) The following maintenance and 

use conditions shall apply to equipment 

containing lithium-type batteries: 

i. Always correctly use and maintain 

the lithium-ion battery packs. Neither 

the 3MTM TR–830 Battery Pack nor the 

CleanSpace EX Power Unit may be 

disassembled or modified by anyone 

other than persons permitted by the 

manufacturer of the equipment. 

ii. The 3MTM TR–830 Battery Pack 

must only be charged in an area free of 

combustible material, readily 

monitored, and located on the surface of 

the mine. The 3MTM TR–830 Battery 

Pack is to be charged by either: 

a. 3MTM Battery Charger Kit TR–641N, 

which includes one 3MTM Charger 

Cradle TR–640 and one 3MTM Power 

Supply TR–941N, or 

b. 3MTM 4-Station Battery Charger Kit 

TR–644N, which includes four 3MTM

Charger Cradles TR–640 and one 3MTM

4-Station Battery Charger Base/Power 

Supply TR–944N. 

iii. The CleanSpace EX Power Unit is 

to be charged only by the CleanSpace 

Battery Charger EX, Product Code PAF– 

0066. 

iv. The batteries must not be allowed 

to get wet. This does not preclude 

incidental exposure of sealed battery 

packs. 

v. The batteries shall not be used, 

charged, or stored in locations where 

the manufacturer’s recommended 

temperature limits are exceeded. The 

batteries must not be placed in direct 

sunlight or used or stored near a source 

of heat. 

(p) Personnel engaged in the use of 

the 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs shall be properly 

trained to recognize the hazards and 

limitations associated with the use of 

the equipment in areas where methane 

could be present. Additionally, 

personnel shall be trained regarding 

proper procedures for donning Self 

Contained Self Rescuers (SCSRs) during 

a mine emergency while wearing the 

3MTM VersafloTM TR–800 or CleanSpace 

EX. The mine operator shall submit 

proposed revisions to update the Mine 

Emergency Evacuation and Firefighting 

Program of Instruction under 30 CFR 

75.1502 to address this issue. 

(q) Within 60 days after the Decision 

and Order becomes final, the operator 

shall submit proposed revisions for its 

approved 30 CFR part 48 training plans 

to the Mine Safety and Health 

Enforcement District Manager. These 

proposed revisions shall specify initial 

and refresher training regarding the 

terms and conditions stated in the 

Decision and Order. When training is 

conducted on the terms and conditions 

in the Decision and Order, an MSHA 

Certificate of Training (Form 5000–23) 

shall be completed. Comments shall be 

included on the Certificate of Training 

indicating that the training received was 

for use of the 3MTM VersafloTM TR–800 

or CleanSpace EX. 

(r) All personnel who will be involved 

with or affected by the use of the 3MTM

VersafloTM TR–800 or CleanSpace EX 

shall receive training in accordance 

with 30 CFR 48.7 on the requirements 

of the Decision and Order within 60 

days of the date the Decision and Order 

becomes final. Such training must be 

completed before any 3MTM VersafloTM

TR–800 or CleanSpace EX can be used 

inby the last open crosscut. The 

operator shall keep a record of such 

training and provide such record to 

MSHA upon request. 

(s) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by the use of 

the 3MTM VersafloTM TR–800 or 

CleanSpace EX in accordance with 30 

CFR 48.8. The operator shall train new 

miners on the requirements of the 

Decision and Order in accordance with 

30 CFR 48.5 and shall train experienced 

miners on the requirements of the 

Decision and Order in accordance with 

30 CFR 48.6. The operator shall keep a 

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28911 

record of such training and provide 

such record to MSHA upon request. 

(t) The operator shall post the 

Decision and Order in unobstructed 

locations on the bulletin boards and/or 

in other conspicuous places where 

notices to miners are ordinarily posted, 

for a period of not less than 60 

consecutive days. 

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. 

Docket Number: M–2021–018–C. 

Petitioner: Consol Pennsylvania Coal 

Company LLC, 1000 Consol Energy 

Drive, Canonsburg, Pennsylvania (ZIP 

15317). 

Mine: Enlow Fork Mine, MSHA ID 

No. 36–07416, located in Washington 

County, Pennsylvania. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors: 

Permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard, 30 CFR 75.1002(a), as it relates 

to the use of an alternative method of 

respirable dust protection for miners at 

the Enlow Fork Mine in Pennsylvania. 

Specifically, the petitioner is applying 

to use the 3MTM VersafloTM TR–800 

Intrinsically Safe Powered Air Purifying 

Respirator (PAPR) and the CleanSpace 

EX within 150 feet of pillar workings or 

longwall faces. 

The petitioner states that: 

(a) Currently the petitioner uses the 

3MTM AirstreamTM helmet to provide 

additional protection for its miners 

against exposure to respirable coal mine 

dust. There are clear long-term health 

benefits from using such technology. 

(b) 3M elected to discontinue the 

3MTM AirstreamTM helmet, replacing it 

with a 3MTM VersafloTM TR–800 which 

benefits from additional features and 

reduced weight. Because of its reduced 

weight, it provides significant 

ergonomic benefits. 

(c) For more than 40 years the 3MTM

AirstreamTM Headgear-Mounted PAPR 

System has been used by many mine 

operators to help protect their workers. 

During those years there have been 

technological advancements in products 

and services for industrial applications. 

3M indicated that they had faced 

multiple key component supply 

disruptions for the Airstream product 

line that have created issues with 

providing acceptable supply service 

levels. Because of those issues, 3M 

discontinued the AirstreamTM in June 

2020 and this discontinuation is global. 

(d) 3M announced that February 2020 

was the final time to place an order for 

systems and components and that June 

2020 was the final date to purchase 

AirstreamTM components. 

(e) Currently there are no replacement 

3M PAPRs that meet MSHA standards 

for permissibility. Electronic equipment 

used in underground mines in 

potentially explosive atmospheres is 

required to be approved by MSHA in 

accordance with 30 CFR. 3M and other 

manufacturers offer alternative products 

for many other environments and 

applications. 

(f) Following the discontinuation, 

mines that currently use the 

AirstreamTM do not have an MSHAapproved alternative PAPR to provide to 

miners. One of the benefits of PAPRs is 

that they provide a constant flow of air 

inside the headtop or helmet. This 

constant airflow helps to provide both 

respiratory protection and comfort in 

hot working environments. 

(g) Application of the standard results 

in a diminution of safety at the mine. 

(h) The 3MTM VersafloTM TR–800 

motor/blower and battery qualify as 

intrinsically safe in the U.S., Canada, 

and any other country accepting IECEx 

(International Electrotechnical 

Commission System for Certification to 

Standards Relating to Equipment for 

Use in Explosive Atmospheres). The 

3MTM VersafloTM TR–800 has a blower 

that 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-certified with an IS rating 

of ‘‘ia.’’ (ATEX refers to European 

directives for controlling explosive 

atmospheres.) It is rated and marked 

with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia 

IIIC 135 °C Da, ¥20 °C ≤ Ta ≤ +55 °C, 

under the current standard (IEC 60079). 

(i) The petitioner requests a 

modification to also permit the use of 

CleanSpace EX powered respirator 

under the same conditions as it 

proposed with respect to the 3MTM

VersafloTM TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3MTM VersafloTM TR–800 is 

not MSHA approved as permissible, and 

3M is not pursuing approval. 

(k) The CleanSpace EX Power Unit is 

not MSHA approved as permissible, and 

CleanSpace is not pursuing approval. 

(l) The standards for approval of these 

respirators are an acceptable alternative 

to MSHA’s standards and provide an 

equivalent level of protection. 

The petitioner proposes the following 

alternative method: 

(a) Affected mine employees must be 

trained in the proper use and 

maintenance of the 3MTM VersafloTM

TR–800 and the CleanSpace EX PAPRs 

in accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3MTM VersafloTM TR–800 

nor the CleanSpace EX is approved 

under 30 CFR part 18 and must be deenergized when 1.0 or more percent 

methane is detected. The training shall 

also include the proper method to deenergize these PAPRs. In addition to 

manufacturer guidelines, the petitioner 

will require that mine employees be 

trained to inspect the units before use to 

determine if there is any damage to the 

units that would negatively impact 

intrinsic safety as well as all 

stipulations in this petition. 

(b) The PAPRs, battery packs, and all 

associated wiring and connections must 

be inspected before use to determine if 

there is any damage to the units that 

would negatively impact intrinsic 

safety. If any defects are found, the 

PAPR must be removed from service. 

(c) The operator will maintain a 

separate logbook for the 3MTM

VersafloTM TR–800 and CleanSpace EX 

PAPRs that shall be kept with the 

equipment, or in a location with other 

mine record books and shall be made 

available to MSHA upon request. The 

equipment shall be examined at least 

weekly by a qualified person as defined 

in 30 CFR 75.512–1 and the 

examination results recorded in the 

logbook. Since float coal dust is 

removed by the air filter prior to 

reaching the motor, the PAPR user shall 

conduct regular examinations of the 

filter and perform periodic testing for 

proper operation of the ‘‘high filter load 

alarm’’ on the 3MTM VersafloTM TR–800 

F and the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs to be used on the 

longwall face or within 150 feet of pillar 

workings shall be physically examined 

prior to initial use, and each unit will 

be assigned a unique identification 

number. Each unit shall be examined by 

the person to operate the equipment 

prior to taking the equipment 

underground to ensure the equipment is 

being used according to the original 

equipment manufacturer’s 

recommendations and maintained in a 

safe operating condition. 

(e) The examination for the 3MTM

VersafloTM TR–800I shall include: 

i. Check the equipment for any 

physical damage and the integrity of the 

case; 

ii. Remove the battery and inspect for 

corrosion; 

iii. Inspect the contact points to 

ensure a secure connection to the 

battery; 

28912 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

iv. Reinsert the battery and power up 

and shut down to ensure proper 

connections; 

v. Check the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

vi. For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

(f) The CleanSpace EX does not have 

an accessible/removable battery. The 

battery and motor/blower assembly are 

both contained within the sealed power 

pack assembly and cannot be removed, 

reinserted, or fastened. The pre-use 

examination is limited to inspecting the 

equipment for indications of physical 

damage. 

(g) The operator is to ensure that all 

3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs are serviced 

according to the manufacturer’s 

recommendations. Dates of service will 

be recorded in the equipment’s log book 

and shall include a description of the 

work performed. 

(h) The 3M VersafloTM TR–800 and 

CleanSpace EX PAPRs that will be used 

on the longwall face or within 150 feet 

of pillar workings, or in areas where 

methane may enter the air current, shall 

not be put into service until MSHA has 

initially inspected the equipment and 

determined that it is in compliance with 

all the terms and conditions of the 

Decision and Order. 

(i) Prior to energizing the 3MTM

VersafloTM TR–800 or the CleanSpace 

EX inby the last open crosscut, methane 

tests must be made in accordance with 

30 CFR 75.323(a). 

(j) All hand-held methane detectors 

shall be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined by 30 

CFR 75.320. All methane detectors must 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

(k) A qualified person as defined in 30 

CFR 75.151 shall continuously monitor 

for methane immediately before and 

during the use of the 3MTM VersafloTM

TR–800 or CleanSpace EX on the 

longwall face or within 150 feet of pillar 

workings or in areas where methane 

may enter the air current. 

(l) Neither the 3MTM VersafloTM TR– 

800 nor the CleanSpace EX shall be 

used if methane is detected in 

concentrations at or above 1.0 percent. 

When 1.0 percent or more of methane is 

detected while the 3MTMVersafloTM TR– 

800 or CleanSpace EX is being used, the 

equipment shall be de-energized 

immediately and the equipment 

withdrawn outby the last open crosscut. 

(m) The petitioner will use only the 

3MTM TR–830 Battery Pack, which 

meets lithium battery safety standard 

UL 1642 or IEC 62133, in the 3MTM

VersafloTM TR–800. The petitioner will 

use only the CleanSpace EX Power Unit 

which meets lithium battery safety 

standard UL 1642 or IEC 62133 in the 

CleanSpace EX. 

(n) The battery packs must be 

‘‘changed out’’ in intake air outby the 

last open crosscut. Before each shift 

when the 3MTM VersafloTM TR–800 or 

CleanSpace EX is to be used, all 

batteries and power units for the 

equipment must be charged sufficiently 

so that they are not expected to be 

replaced on that shift. 

(o) The following maintenance and 

use conditions shall apply to equipment 

containing lithium-type batteries: 

i. Always correctly use and maintain 

the lithium-ion battery packs. Neither 

the 3MTM TR–830 Battery Pack nor the 

CleanSpace EX Power Unit may be 

disassembled or modified by anyone 

other than persons permitted by the 

manufacturer of the equipment. 

ii. The 3MTM TR–830 Battery Pack 

must only be charged in an area free of 

combustible material, readily 

monitored, and located on the surface of 

the mine. The 3MTM TR–830 Battery 

Pack is to be charged by either: 

a. 3MTMBattery Charger Kit TR–641N, 

which includes one 3MTM Charger 

Cradle TR–640 and one 3MTM Power 

Supply TR–941N, or, 

b. 3MTM 4-Station Battery Charger Kit 

TR–644N, which includes four 3MTM

Charger Cradles TR–640 and one 3MTM

4-Station Battery Charger Base/Power 

Supply TR–944N. 

iii. The CleanSpace EX Power Unit is 

to be charged only by the CleanSpace 

Battery Charger EX, Product Code PAF– 

0066. 

iv. The batteries must not be allowed 

to get wet. This does not preclude 

incidental exposure of sealed battery 

packs. 

v. The batteries shall not be used, 

charged or stored in locations where the 

manufacturer’s recommended 

temperature limits are exceeded. The 

batteries must not be placed in direct 

sunlight or used or stored near a source 

of heat. 

(p) Personnel engaged in the use of 

the 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs shall be properly 

trained to recognize the hazards and 

limitations associated with the use of 

the equipment in areas where methane 

could be present. Additionally, 

personnel shall be trained regarding 

proper procedures for donning Self 

Contained Self Rescuers (SCSRs) during 

a mine emergency while wearing the 

3MTM VersafloTM TR–800 or CleanSpace 

EX. The mine operator shall submit 

proposed revisions to update the Mine 

Emergency Evacuation and Firefighting 

Program of Instruction under 30 CFR 

75.1502 to address this issue. 

(q) Within 60 days after the Decision 

and Order becomes final, the operator 

shall submit proposed revisions for its 

approved 30 CFR part 48 training plans 

to the Mine Safety and Health 

Enforcement District Manager. These 

proposed revisions shall specify initial 

and refresher training regarding the 

terms and conditions stated in the 

Decision and Order. When training is 

conducted on the terms and conditions 

in the Decision and Order, an MSHA 

Certificate of Training (Form 5000–23) 

shall be completed. Comments shall be 

included on the Certificate of Training 

indicating that the training received was 

for use of the 3MTM VersafloTM TR–800 

or CleanSpace EX PAPR. 

(r) All personnel who will be involved 

with or affected by the use of the 3MTM

VersafloTM TR–800 or CleanSpace EX 

shall receive training in accordance 

with 30 CFR 48.7 on the requirements 

of the Decision and Order within 60 

days of the date the Decision and Order 

becomes final. Such training must be 

completed before any 3MTM VersafloTM

TR–800 or CleanSpace EX can be used 

on the longwall face or within 150 feet 

of pillar workings. The operator shall 

keep a record of such training and 

provide such record to MSHA upon 

request. 

(s) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by the use of 

the 3MTM VersafloTM TR–800 or 

CleanSpace EX in accordance with 30 

CFR 48.8. The operator shall train new 

miners on the requirements of the 

Decision and Order in accordance with 

30 CFR 48.5 and shall train experienced 

miners on the requirements of the 

Decision and Order in accordance with 

30 CFR 48.6. The operator shall keep a 

record of such training and provide 

such record to MSHA upon request. 

(t) The operator shall post the 

Decision and Order in unobstructed 

locations on the bulletin boards and/or 

in other conspicuous places where 

notices to miners are ordinarily posted, 

for a period of not less than 60 

consecutive days. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28913 

measure of protection afforded the 

miners under the mandatory standard. 

Jessica Senk, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2021–11368 Filed 5–27–21; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No.: OSHA–2020–0003] 

Advisory Committee on Construction 

Safety and Health (ACCSH) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of ACCSH membership. 

SUMMARY: On May 11, 2021, the 

Secretary selected 15 members to serve 

on the Advisory Committee on 

Construction Safety and Health 

(ACCSH). 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Mr. Frank 

Meilinger, Director, OSHA Office of 

Communications; telephone: (202) 693– 

1999; email: meilinger.francis2@dol.gov. 

For general information about ACCSH 

and ACCSH membership: Mr. Damon 

Bonneau, OSHA, Directorate of 

Construction; telephone: (202) 693– 

2020; email: bonneau.damon@dol.gov. 

Copies of this Federal Register 

document: Electronic copies of this 

Federal Register document are available 

at http://www.regulations.gov. This 

document, as well as news releases and 

other relevant information, are also 

available on the OSHA web page at 

http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

ACCSH advises the Secretary of Labor 

and the Assistant Secretary of Labor for 

Occupational Safety and Health 

(Assistant Secretary) in the formulation 

of standards affecting the construction 

industry, and on policy matters arising 

in the administration of the safety and 

health provisions under the Contract 

Work Hours and Safety Standards Act 

(Construction Safety Act (CSA)) (40 

U.S.C. 3701 et seq.) and the 

Occupational Safety and Health Act of 

1970 (OSH Act) (29 U.S.C. 651 et seq.) 

(see also 29 CFR 1911.10 and 1912.3). In 

addition, the CSA and OSHA 

regulations require the Assistant 

Secretary to consult with ACCSH before 

the agency proposes any occupational 

safety and health standard affecting 

construction activities (40 U.S.C. 3704); 

29 CFR 1911.10. 

ACCSH operates in accordance with 

the Federal Advisory Committee Act 

(FACA), as amended (5 U.S.C. App. 2), 

and its implementing regulations (41 

CFR 102–3 et seq.); and Department of 

Labor Manual Series Chapter 1–900 (8/ 

31/2020). ACCSH generally meets two 

to four times a year. 

II. Appointment of Committee Members 

ACCSH consists of 15 members 

appointed by the Secretary. ACCSH 

members generally serve two-year 

terms, unless they resign, cease to be 

qualified, become unable to serve, or the 

Secretary removes them (29 CFR 

1912.3(e)). The Secretary may appoint 

ACCSH members to successive terms. 

The allocation of members for each 

category of ACCSH membership is: 

• Five members who are qualified by 

experience and affiliation to present the 

viewpoint of employees in the 

construction industry; 

• Five members who are similarly 

qualified to present the viewpoint of 

employers in the construction industry; 

• Two public members, qualified by 

knowledge and experience to make a 

useful contribution to the work of 

ACCSH, such as those who have 

professional or technical experience and 

competence with occupational safety 

and health in the construction industry; 

• Two representatives of State safety 

and health agencies; and 

• One representative designated by 

the Secretary of the Department of 

Health and Human Services. 

OSHA received nominations of highly 

qualified individuals in response to the 

agency’s request for nominations (85 FR 

79221, December 9, 2020). The 

Secretary appointed individuals to serve 

on the Committee who have broad 

experience relevant to the issues to be 

examined by the Committee. The 

ACCSH membership is as follows: 

Employee Representatives 

• Cheryl M. Ambrose, United 

Association of Journeymen and 

Apprentices of the Plumbing and Pipe 

Fitting Industry of the U.S. and Canada; 

• Christina Trahan Cain, North 

America’s Building Trades Unions 

(ACCSH Chair); 

• Wayne J. Creasap II, International 

Association of Bridge, Structural, 

Ornamental and Reinforcing Iron 

Workers; 

• Ryan Papariello, Laborers Health 

and Safety Fund of North America; and 

• David Wysocki, International 

Masonry Training and Education 

Foundation. 

Employer Representatives 

• Kevin Cannon, The Associated 

General Contractors of America; 

• Julie Carter, Roy Anderson Corp; 

• Fravel E. Combs, M.A. Mortenson, 

Company; 

• Greg Sizemore, Associated Builders 

and Contractors; and 

• Wesley L. Wheeler, National 

Electrical Contractors Association. 

Public Representatives 

• Christopher Fought, Merck; and 

• R. Ronald Sokol, Safety Council of 

Texas City. 

State Representatives 

• Christopher Scott Mabry, North 

Carolina Department of Labor 

Occupational Safety and Health 

Division; and 

• Charles Stribling, Kentucky Labor 

Cabinet Department of Workplace 

Standards. 

Federal Representative 

• Dr. G. Scott Earnest, National 

Institute for Occupational Safety and 

Health. 

Authority and Signature 

James S. Frederick, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, authorized the 

preparation of this notice pursuant to 29 

U.S.C. 655, 40 U.S.C. 3704, Secretary’s 

Order 8–2020 (85 FR 58393), 5 U.S.C. 

App. 2, and 29 CFR part 1912. 

Signed at Washington, DC, on May 21, 

2021. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–11291 Filed 5–27–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0007] 

Nationally Recognized Testing 

Laboratory Program Regulation; 

Extension of the Office of Management 

and Budget’s (OMB) Approval of 

Information Collection (Paperwork) 

Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for comments. 

SUMMARY: OSHA requests comments 

concerning the proposed extension of 

the information collection requirements 

specified by the Program Regulation for 

Nationally Recognized Testing