[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7464-7465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02266]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

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

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before March 6, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0005 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0005.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452.
    Attention: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances. Persons delivering documents are required 
to check in at the receptionist's desk in Suite 4E401. Individuals may 
inspect copies of the petition and comments during normal business 
hours at the address listed above. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (fax). [These 
are not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, 30 CFR 44.10 and 44.11 establish the requirements for 
filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-038-C.
    Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn, 
West Virginia 25632.
    Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan 
County, West Virginia.

[[Page 7465]]

    Lower War Eagle, MSHA ID No. 46-09319, located in Wyoming County, 
West Virginia.
    Muddy Bridge, MSHA ID No. 46-09514, located in Logan County, West 
Virginia.
    North Fork Winifrede Deep, MSHA ID No. 46-09583, located in Logan 
County, West Virginia.
    Powellton #1 Mine, MSHA ID No. 46-09217, located in Logan County, 
West Virginia.
    Toney Fork Surface Mine, MSHA ID No. 46-09101, located in Logan 
County, West Virginia.
    Elklick Surface, MSHA ID No. 46-09564, located in Logan County, 
West Virginia.
    Saunders Preparation Plant, MSHA ID No. 46-02140, located in Logan 
County, West Virginia.
    Elk Lick Tipple, MSHA ID No. 46-04315, located in Logan County, 
West Virginia.
    Regulation Affected: 30 CFR 75.500(d), Permissible electric 
equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to permit the use of the CleanSpace EX Powered 
Respirator, a nonpermissible battery powered air-purifying respirator 
(PAPR), taken into or inby the last open crosscut.
    The petitioner states that:
    (a) Currently, there are no PAPRs that are approved by MSHA as 
permissible. PAPRs provide a constant flow of filtered air and offer 
respiratory protection and comfort in hot working environments.
    (b) The CleanSpace EX Powered Respirator (CleanSpace EX) is UL 
certified to the ANSI/UL 60079-11 standard and can be used in hazardous 
locations because it meets the ANSI/UL 60079-11 standard's intrinsic 
safety protection level. It is accepted in other jurisdictions for use 
in mines with the potential for methane accumulation. The product is 
not MSHA approved, and the manufacturer is not pursuing approval. The 
ANSI/UL 60079-11 standard for the certification of these respirators is 
an accepted alternative to MSHA's standards and provides the same level 
of protection to miners as such standards.
    (c) The CleanSpace EX uses lithium-ion polymer battery that is 
neither accessible nor removable. The lithium-ion polymer battery and 
motor/blower assembly are both contained within the sealed power pack 
assembly. It charges as a complete unit.
    The petitioner proposes the following alternative method:
    (a) Affected mine employees shall be trained in the proper use and 
maintenance of the CleanSpace EX in accordance with the established 
manufacturer guidelines. Mine employees shall also be trained to 
inspect the unit before each use to determine if there is any damage or 
defect to the unit that would negatively impact intrinsic safety. This 
inspection shall include all associated wiring and connections and 
shall take place prior to the equipment being taken underground.
    (b) If it is determined that there is damage that may negatively 
impact intrinsic safety, the PAPR shall be immediately removed from 
service.
    (c) CleanSpace EX units shall be charged outby the last open 
crosscut and shall utilize the manufacturer-approved battery charger. 
CleanSpace EX charging stations located underground shall be enclosed 
in a properly constructed steel box designed for such purpose.
    (d) A qualified person under 30 CFR 75.151 shall monitor for 
methane as is required by the standard in the affected areas of the 
mine.
    (e) The operator shall comply with all requirements of 30 CFR 
75.323. The CleanSpace EX shall not be used if methane is detected in 
concentrations at or above 1.0 percent. When 1.0 percent or more 
methane is detected while the CleanSpace EX is being used, the 
equipment shall be deenergized immediately. When 1.5 percent or more 
methane is detected, the CleanSpace EX shall be withdrawn from the 
affected area outby the last open crosscut.
    (f) Employees shall be trained all stipulations of the Decision and 
Order. Qualified miners shall receive training regarding the 
information in the Decision and Order before using equipment in the 
relevant part of the mine. A record of training shall be kept and made 
available upon request.
    (g) Within 60 days of the Decision and Order becoming finalized, 
the petitioner shall submit proposed revisions to the mine ventilation 
plan per 30 CFR 75.370, to be approved under the 30 CFR part 48 
training plan by the District Manager. The revisions shall specify 
initial and refresher training. When the training is conducted, an MSHA 
Certificate of Training (Form 5000-23) shall be completed, with 
comments on the certificate noting non-permissible testing equipment 
training.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-02266 Filed 2-2-23; 8:45 am]
BILLING CODE 4520-43-P