Petitions for Modification of Application of Existing Mandatory Safety Standards

CourtMine Safety And Health Administration
Citation86 FR 33773
Publication Date25 Jun 2021
Record Number2021-13544
33773
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
indicating such abuse and diversion,
and continue to maintain a controlled
substances registration in spite of the
violations and without accepting
responsibility. Further, there is simply
no evidence that Respondent’s egregious
behavior is not likely to recur in the
future such that I can entrust her with
a DEA registration; In other words, the
factors weigh in favor of revocation as
a sanction.
I will therefore order that
Respondent’s registrations be revoked as
contained in the Order below.
Order
Pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
824(a), I hereby revoke DEA Certificate
of Registration Nos. BH3877733,
FH2922119, FH2922121, FH2922133,
FH2922157, and FH2922169 issued to
Carol Hippenmeyer, M.D. Further,
pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
823(f), I hereby deny any pending
application of Carol Hippenmeyer, M.D.
to renew or modify these registrations,
as well as any other application of Carol
Hippenmeyer, M.D., for additional
registrations in Arizona. This Order is
effective July 26, 2021.
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–13526 Filed 6–24–21; 8:45 am]
BILLING CODE 4410–09–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 July 26, 2021.
ADDRESSES
: You may submit your
comments including the docket number
of the petition by any of the following
methods:
1. Electronic Mail: 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:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Jessica
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: Itmann No. 5 Mine, MSHA ID
No. 46–09569, located in Wyoming
County, West Virginia.
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 Itmann No. 5 Mine in
West Virginia. Specifically, the
petitioner is applying to use the 3M
TM
Versaflo
TM
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
3M
TM
Airstream
TM
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
Airstream
TM
helmet, replacing it
with a 3M
TM
Versaflo
TM
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 3M
TM
Airstream
TM
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
TM
product
line that created issues with providing
acceptable supply service levels.
Because of those issues, 3M
discontinued the Airstream
TM
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
Airstream
TM
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
Airstream
TM
do not have an MSHA-
approved 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.
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(h) The 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 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 3M
TM
Versaflo
TM
TR–800. It too has been
determined to be intrinsically safe.
(j) The 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800 and the CleanSpace EX in
accordance with established
manufacturer guidelines. This training
shall alert the affected employee that
neither the 3M
TM
Versaflo
TM
TR–800
nor the CleanSpace EX is approved
under 30 CFR part 18 and must be de-
energized when 1.0 or more percent
methane is detected. The training shall
also include the proper method to de-
energize 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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800
and the ‘‘blocked filter’’ alarm on the
CleanSpace EX. Examination entries
may be expunged after one year.
(d) All 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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
3M
TM
Versaflo
TM
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
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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
3M
TM
TR–830 Battery Pack, which
meets lithium battery safety standard
UL 1642 or IEC 62133 in the 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
TR–830 Battery Pack nor the
CleanSpace EX Power Unit may be
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disassembled or modified by anyone
other than persons permitted by the
manufacturer of the equipment.
ii. The 3M
TM
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 3M
TM
TR–830 Battery
Pack is to be charged by either:
a. 3M
TM
Battery Charger Kit TR–641N,
which includes one 3M
TM
Charger
Cradle TR–640 and one 3M
TM
Power
Supply TR–941N, or
b. 3M
TM
4-Station Battery Charger Kit
TR–644N, which includes four 3M
TM
Charger Cradles TR–640 and one 3M
TM
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 3M
TM
Versaflo
TM
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
3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800
or CleanSpace EX.
(r) All personnel who will be involved
with or affected by the use of the 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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: Itmann No. 5 Mine, MSHA ID
No. 46–09569, located in Wyoming
County, West Virginia.
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 Itmann No. 5 Mine in West Virginia.
Specifically, the petitioner is applying
to use the 3M
TM
Versaflo
TM
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
3M
TM
Airstream
TM
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
Airstream
TM
helmet, replacing it
with a 3M
TM
Versaflo
TM
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 3M
TM
Airstream
TM
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
TM
product
line that created issues with providing
acceptable supply service levels.
Because of those issues, 3M
discontinued the Airstream
TM
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
Airstream
TM
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
Airstream
TM
do not have an MSHA-
approved 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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 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
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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 3M
TM
Versaflo
TM
TR–800. It too has been
determined to be intrinsically safe.
(j) The 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800 and the CleanSpace EX in
accordance with established
manufacturer guidelines. This training
shall alert the affected employee that
neither the 3M
TM
Versaflo
TM
TR–800
nor the CleanSpace EX is approved
under 30 CFR part 18 and must be de-
energized when 1.0 or more percent
methane is detected. The training shall
also include the proper method to de-
energize 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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800
and the ‘‘blocked filter’’ alarm on the
CleanSpace EX. Examination entries
may be expunged after one year.
(d) All 3M
TM
Versaflo
TM
TR–800 and
CleanSpace EX PAPRs to be used inby
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 3M
TM
Versaflo
TM
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
3M
TM
Versaflo
TM
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
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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
3M
TM
TR–830 Battery Pack, which
meets lithium battery safety standard
UL 1642 or IEC 62133, in the 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
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 3M
TM
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 3M
TM
TR–830 Battery
Pack is to be charged by either:
a. 3M
TM
Battery Charger Kit TR–641N,
which includes one 3M
TM
Charger
Cradle TR–640 and one 3M
TM
Power
Supply TR–941N, or
b. 3M
TM
4-Station Battery Charger Kit
TR–644N, which includes four 3M
TM
Charger Cradles TR–640 and one 3M
TM
4-Station Battery Charger Base/Power
Supply TR–944N.
iii. The CleanSpace EX Power Unit is
to be charged only by the CleanSpace
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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 3M
TM
Versaflo
TM
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
3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800
or CleanSpace EX.
(r) All personnel who will be involved
with or affected by the use of the 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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–2021–018–C.
Petitioner: Consol Pennsylvania Coal
Company LLC, 1000 Consol Energy
Drive, Canonsburg, Pennsylvania (ZIP
15317).
Mine: Itmann No. 5 Mine, MSHA ID
No. 46–09569, located in Wyoming
County, West Virginia.
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 Itmann No. 5 Mine in West Virginia.
Specifically, the petitioner is applying
to use the 3M
TM
Versaflo
TM
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
3M
TM
Airstream
TM
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
Airstream
TM
helmet, replacing it
with a 3M
TM
Versaflo
TM
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 3M
TM
Airstream
TM
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 Airstream
TM
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
Airstream
TM
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
Airstream
TM
do not have an MSHA-
approved 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 3M
TM
Versaflo
TM
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). The
3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800. It too has been
determined to be intrinsically safe.
(j) The 3M
TM
Versaflo
TM
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.
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The petitioner proposes the following
alternative method:
(a) Affected mine employees must be
trained in the proper use and
maintenance of the 3M
TM
Versaflo
TM
TR–800 and the CleanSpace EX PAPRs
in accordance with established
manufacturer guidelines. This training
shall alert the affected employee that
neither the 3M
TM
Versaflo
TM
TR–800
nor the CleanSpace EX is approved
under 30 CFR part 18 and must be de-
energized when 1.0 or more percent
methane is detected. The training shall
also include the proper method to de-
energize 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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800
F and the ‘‘blocked filter’’ alarm on the
CleanSpace EX. Examination entries
may be expunged after one year.
(d) All 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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
3M
TM
Versaflo
TM
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 Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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
3M
TM
TR–830 Battery Pack, which
meets lithium battery safety standard
UL 1642 or IEC 62133, in the 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
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 3M
TM
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 3M
TM
TR–830 Battery
Pack is to be charged by either:
a. 3M
TM
Battery Charger Kit TR–641N,
which includes one 3M
TM
Charger
Cradle TR–640 and one 3M
TM
Power
Supply TR–941N, or,
b. 3M
TM
4-Station Battery Charger Kit
TR–644N, which includes four 3M
TM
Charger Cradles TR–640 and one 3M
TM
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 3M
TM
Versaflo
TM
TR–800 and
CleanSpace EX PAPRs shall be properly
trained to recognize the hazards and
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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
3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
TR–800
or CleanSpace EX PAPR.
(r) All personnel who will be involved
with or affected by the use of the 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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 3M
TM
Versaflo
TM
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.
Jessica Senk,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2021–13544 Filed 6–24–21; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0042]
TUV Rheinland of North America, Inc.:
Application for Expansion of
Recognition
AGENCY
: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION
: Notice.
SUMMARY
: In this notice, OSHA
announces the application of TUV
Rheinland of North America, Inc., for
expansion of the scope of recognition as
a Nationally Recognized Testing
Laboratory (NRTL) and presents the
agency’s preliminary finding to grant
the application.
DATES
: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
July 12, 2021.
ADDRESSES
: Comments may be
submitted as follows:
Electronically: Submit comments and
attachments electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. Documents in the
docket are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2007–0042). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled
SUPPLEMENTARY
INFORMATION
.
Extension of comment period: Submit
requests for an extension of the
comment period on or before July 12,
2021 to the Office of Technical
Programs and Coordination Activities,
Directorate of Technical Support and
Emergency Management, Occupational
Safety and Health Administration, U.S.
Department of Labor.
FOR FURTHER INFORMATION CONTACT
:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, telephone: (202) 693–1999;
email: meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, phone: (202) 693–2110 or
email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION
:
I. Notice of the Application for
Expansion
OSHA is providing notice that TUV
Rheinland of North America, Inc.
(TUVRNA), is applying for an expansion
of current recognition as a NRTL.
TUVRNA requests the addition of four
test standards to the NRTL scope of
recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified in 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within the scope of recognition.
Each NRTL’s scope of recognition
includes (1) the type of products the
NRTL may test, with each type specified
by the applicable test standard and (2)
the recognized site(s) that has/have the
technical capability to perform the
product-testing and product-
certification activities for test standards
within the NRTL’s scope. Recognition is
not a delegation or grant of government
authority; however, recognition enables
employers to use products approved by
the NRTL to meet OSHA standards that
require product testing and certification.
The agency processes applications by
a NRTL for initial recognition and for an
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