[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55724-55726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17619]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before September 15, 
2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0040 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0040.
    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

[[Page 55725]]

    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2023-010-C.
    Petitioner: Peabody Twentymile Coal Mining, LLC, 29515 Routt County 
Road 27, Oak Creek, Colorado 80467.
    Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt 
County, Colorado.
    Regulation Affected: 30 CFR 75.507-1(a) (Electrical equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to permit the use of Versaflo TR-800 and CleanSpace EX 
powered respirators, nonpermissible batter powered air-purifying 
respirators (PAPR) in return air outby the last open crosscut.
    The petitioner states that:
    (a) The mine utilizes the continuous mining method.
    (b) Petitioner uses the 3M Airstream PAPR under an existing 
decision and order to provide additional protection for its miners 
against exposure to respirable coal mine dust on the long wall faces.
    (c) 3M discontinued the Airstream PAPR June 1, 2020, due to 
disruption in their component supply.
    (d) Currently, there is no PAPRs that meets MSHA's permissibility 
requirements. The 3M Versaflo TR-800 PAPR is available, but it is not 
permissible, and 3M is currently not pursuing approval.
    (e) The Versaflo TR-800 motor/blower and battery qualify as 
intrinsically safe in the U.S., Canada, and countries that accept the 
International Electrotechnical Commission System for Certification to 
Standards Relating to Equipment for Use in Explosive Atmosphere 
(IECEx). The Versaoflo TR-800 motor/blower is UL-certified with an 
intrinsically safe (IS) rating of Division 1: IS Class I, II, III; 
Division 1 (includes Division 2) Groups C, D, E, F, G; T4, under the 
most current standard (UL 60079, 6* Edition, 2013). It is also ATEX-
certified with an intrinsically safe (IS) rating of ``ia.'' The 
Versaflo TR-800 is also rated and marked with Ex ia, I Ma, Ex ia IIB T4 
Ga, Ex ia IIIC 135''C Da, -20 [deg]C < Ta < +55''C, under the current 
standard (IEC 60079).
    (f) The CleanSpace EX PAPR is not currently approved as permissible 
by MSHA and CleanSpace is pursuing approval.
    (g) The CleanSpace EX PAPR is certified by TestSafe Australia (TSA) 
according to the IEC 60079-0:2011(General Requirements) and IEC 60079-
11:2011 (Intrinsic Safety) standards. The certificate, issued to PAFtec 
Australia Pty Ltd (PAFtec), allows PAFtec to mark the device as ``Ex ib 
IIB T4 Gb'' and ``Ex ia I Ma.'' Therefore, the CleanSpace EX has been 
determined to be intrinsically safe under IECEx and other international 
standards.
    (h) In 2017, the National Institute for Occupational Safety and 
Health (NIOSH) published ``An Evaluation of the Relative Safety of U.S. 
Mining Explosion-Protected Equipment Approval Requirements versus those 
of International Standards'' in which NIOSH determined that electrical 
and electronic equipment which meets two-fault intrinsic safety as 
defined in the ANSI/UL 60079 standard would provide at least an 
equivalent level of safety as that provided by equipment approved to 
MSHA permissibility standards.\1\
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    \1\ William Calder, David P. Snyder, John F. Burr, (2017). An 
Evaluation of the Relative Safety of U.S. Mining Explosion-Protected 
Equipment Approval Requirements versus those of International 
Standards, Transactions of Society for Mining, Metallurgy, and 
Exploration, Inc, 342, 43-50.
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    (i) The UL-certification, TSA certification, and PAFtec listing 
material (drawings, certificate and text report) support the conclusion 
that the Versaflo TR-800 and the CleanSpace EX meet the applicable 
``two fault'' intrinsic safety requirements for mining equipment as 
found in the ANSI/UL standard.
    (j) The Versaflo TR-800 carries an ingress protection (IP) rating 
of IP64. The CleanSpace EX carries an IP rating of IP66. Both ratings 
exceed the minimum rating of IP54 required by the ANSI/UL and IEC 
standards for intrinsically safe mining equipment.
    The petitioner proposes the following alternative method:
    (a) The PAPRs, including battery packs, all associated wiring and 
connections shall be inspected before use to determine if there is any 
damage to the units that would negatively impact intrinsic safety. If 
any defect is found, the PAPR shall be removed from service.
    (b) The operator shall maintain a separate logbook for each of the 
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 CPR 75.512-1 and the examination results shall 
be 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 Versaflo TR-800, and 
the ``blocked filter'' alarm on the CleanSpace EX PAPR. Examination 
entries shall be maintained for at least one year.
    (c) All Versaflo 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 PAPR shall be assigned a unique 
identification number. Each PAPR 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.
    (d) The examinations for the Versaflo TR-800 shall include:
    1. Check the equipment for any physical damage and the integrity of 
the case;
    2. Remove the battery and inspect for corrosion;
    3. Inspect the contact points to ensure a secure connection to the 
battery;
    4. Reinsert the battery and power up and shut down to ensure proper 
connections; and
    5. Check the battery compartment cover or battery attachment to 
ensure that it is securely fastened; and
    6. For equipment utilizing lithium type cells, ensure that lithium 
cells and/or packs are not damaged or swelled in size.
    (e) The CleanSpace EX does not have an accessible or removeable 
battery. The battery and motor 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.
    (f) The operator shall ensure that all Versaflo TR-800 and 
CleanSpace EX units are serviced according to the manufacturer's 
recommendations. Dates of service shall be recorded in the equipment's 
logbook and shall include a description of the work performed.
    (g) The Versaflo TR-800 and CleanSpace EX PAPRs used in the return 
air outby the last open crosscut, or in areas where methane may enter 
the air current, shall not be put in service until MSHA has initially 
inspected the equipment and determined that it is in

[[Page 55726]]

compliance with the proposed decision and order (PDO).
    (h) Methane tests shall be made in accordance with 30 CFR 75.323(a) 
before taking or energizing the Versaflo TR-800 or the CleanSpace EX in 
the return air outby the last open crosscut.
    (i) 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 shall provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (j) A qualified person as defined in existing 30 CFR 75.151 shall 
continuously monitor for methane immediately before and during the use 
of the Versaflo TR-800 or CleanSpace EX in the return air outby the 
last open crosscut.
    (k) Neither the Versaflo TR-800 nor the CleanSpace EX shall be used 
in methane concentrations detected at or above 1.0 percent methane. 
When 1.0 percent or more of methane is detected while the Versaflo TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized 
immediately and the equipment withdrawn outby the last open crosscut.
    (l) The Versaflo TR-800 PAPRs only use the 3M TR-830 Battery Pack, 
which meets lithium battery safety standard UL 1642 or IEC 62133. The 
CleanSpace EX PAPRs shall use the CleanSpace EX Power Unit, which meets 
lithium battery safety standard UL 1642 or IEC 62133.
    (m) The battery packs must be ``changed out'' in intake air outby 
the last open crosscut. Before each shift when the Versaflo 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.
    (n) The following maintenance and use conditions shall apply to the 
equipment Versaflo TR-800 or the CleanSpace EX containing lithium-type 
batteries:
    1. The petitioner shall always correctly use and maintain the 
lithium-ion battery packs. Neither the 3M TR-830 Battery Pack nor the 
CleanSpace EX Power Unit may be dissembled or modified by anyone other 
than permitted by the manufacturer of the equipment.
    2. The 3M 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 TR-830 Battery Pack is to be charged by either:
    i. 3M Battery Charger Kit TR-641N, which includes one 3M Charger 
Cradle TR-640 and one 3M Power Supply TR-941N, or,
    ii. 3M 4- Station Battery Charger Kit TR-644N, which includes four 
3M Charger Cradles TR-640 and one 3M 4-Station Battery Charger Base/
Power Supply TR-944N.
    3. The CleanSpace EX Power Unit is to be charged only by the 
CleanSpace Battery Charger EX, Product Code PAF-0066.
    4. The batteries shall be kept dry and shall not be exposed to 
water. This does not preclude incidental exposure of sealed battery 
packs.
    5. The batteries shall not be used, charged, or stored in locations 
where the manufacturer's recommended temperature limits are exceeded. 
The batteries shall not be placed in direct sunlight or used or stored 
near a source of heat.
    6. The battery shall not be used at the end of its life cycle (e.g. 
when there is a performance decrease of greater than 20 percent in 
battery operated equipment). The battery must be disposed of properly.
    (o) Affected mine employees must be trained in the proper use and 
maintenance of the Versaflo TR-800 and the CleanSpace EX PAPRs in 
accordance with established manufacturer guidelines. This training 
shall alert the affected employees to recognize the hazards and 
limitations associated with the use of the equipment in areas where 
methane could be present and that neither the Versaflo TR-800 nor the 
CleanSpace EX is approved under 30 CFR part 18. The affected mine 
employees shall also be trained to de-energize the PAPRs 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, mine employees shall be trained to inspect the units before 
use to determine if there is any damage to the PAPRs that would 
negatively impact intrinsic safety as well as all stipulations in the 
PDO.
    (p) Mine employees shall be trained regarding proper procedures for 
donning Self-Contained Self Rescuers (SCSRs) during a mine emergency 
while wearing the Versaflo 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.
    (q) Within 60 days after the PDO becomes final, the operator shall 
submit proposed revisions for its approved 30 CFR part 48 training 
plans to the MSHA District Manager. These proposed revisions shall 
specify initial and refresher training regarding the terms and 
conditions stated in the PDO. When training is conducted on the terms 
and conditions in the PDO, 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 
Versaflo TR-800 or CleanSpace EX.
    (r) All personnel who will be involved with or affected by the use 
of the Versaflo TR-800 or CleanSpace EX shall receive training in 
accordance with 30 CFR 48.7 on the requirements of the PDO within 60 
days of the date the PDO becomes final. Such training shall be 
completed before any Versflo 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 Versaflo TR-800 
or CleanSpace EX in accordance with 30 CFR 48.8. The operator shall 
train new miners on the requirements of the PDO in accordance with 30 
CFR 48.5 and shall train experienced miners on its requirements of this 
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 final PDO shall be posted 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.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-17619 Filed 8-15-23; 8:45 am]
BILLING CODE 4520-43-P