[Federal Register Volume 90, Number 74 (Friday, April 18, 2025)]
[Notices]
[Pages 16573-16576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06726]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by Mingo
Logan Coal, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 19, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0049 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2025-0049.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room
[[Page 16574]]
C3522, 200 Constitution Ave. NW, Washington, DC 20210.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk. 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.
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, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2025-028-C
Petitioner: Mingo Logan Coal, LLC, P.O. Box E, Sharples, WV 25183.
Mine: Mountaineer II Mine, MSHA ID No. 46-09029, 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 allow the use of an alternative method of respirable
dust protection. Specifically, the petitioner is requesting to use the
3M Versaflo TR-800 Intrinsically Safe Powered Air Purifying Respirator
(PAPR) and the CleanSpace EX PAPR taken into or used inby the last open
crosscut.
The petitioner states that:
(a) Mountaineer II Mine has previously used the 3M Airstream 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. 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.
(b) 3M elected to discontinue the 3M Airstream helmet, replacing it
with the 3M Versaflo 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 Airstream 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 faced multiple key component supply disruptions for the Airstream
product line that created issues with providing acceptable supply
service levels. Because of those issues, 3M discontinued the Airstream
in June 2020, and that discontinuation was 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 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 are 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 do not have an MSHA-approved alternative PAPR to provide to
miners.
(g) Application of the standard results in a diminution of safety
at the mine.
(h) The 3M Versaflo 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 Versaflo 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 2 atmospheres.) It is
rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135
[deg]C Da, -20 [deg]C <= Ta <= +55 [deg]C, under the current standard
(IEC 60079).
(i) Mountaineer II Mine seeks modification to also permit the use
of the CleanSpace EX powered respirator under the same conditions as it
proposes with respect to the 3M Versaflo TR-800. It too has been
determined to be intrinsically safe.
(j) The 3M Versaflo 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.
(m) The alternative method will at all times guarantee no less than
the same measure of protection afforded the miners under the mandatory
standard.
The petitioner proposes the following alternative method:
(a) Affected mine employees shall be trained in the proper use and
maintenance of the 3M Versaflo TR-800 and the CleanSpace EX in
accordance with established manufacturer guidelines. This training
shall alert the affected employee that neither the 3M Versaflo TR-800
nor the CleanSpace EX is approved under 30 CFR part 18 and shall 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 shall 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 the Proposed Decision
and Order (PDO) granted by MSHA.
(b) The PAPRs, battery packs, and 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 defects are found, the PAPR shall be removed from service.
(c) Mountaineer II Mine shall maintain a separate logbook for the
3M Versaflo 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
[[Page 16575]]
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 Versaflo TR-800 and the ``blocked
filter'' alarm on the CleanSpace EX. Examination entries may be
expunged after one year.
(d) All 3M Versaflo TR-800 and CleanSpace EX PAPRs taken into or
used inby the last open crosscut shall be physically examined prior to
initial use, and each unit shall be assigned a unique identification
number. Each unit shall be examined by the person who will be operating
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 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;
(5) Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(6) 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 four 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) Mountaineer II Mine shall ensure that all 3M Versaflo TR-800
and CleanSpace EX PAPRs 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.
(h) The 3M Versaflo TR-800 and CleanSpace EX PAPRs taken into or
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 following all the
terms and conditions of the PDO granted by MSHA.
(i) Prior to energizing the 3M Versaflo TR-800 or the CleanSpace EX
taken into or used inby the last open crosscut, methane tests shall 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 shall 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 Versaflo TR-800 or CleanSpace EX taken into or used inby the
last open crosscut or in areas where methane may enter the air current.
(l) Neither the 3M Versaflo 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 Versaflo
TR-800 or CleanSpace EX is being used, the equipment shall be
deenergized immediately and the equipment withdrawn outby the last open
crosscut.
(m) Mountaineer II Mine shall use only the 3M TR-830 Battery Pack,
which meets lithium battery safety standard UL 1642 or IEC 62133 in the
3M Versaflo TR-800. The petitioner shall use only the CleanSpace EX
Power 5 Unit which meets lithium battery safety standard UL 1642 or IEC
62133 in the CleanSpace EX.
(n) The battery packs shall be ``changed out'' in intake air outby
the last open crosscut. Before each shift when the 3M Versaflo TR-800
or CleanSpace EX is to be used, all batteries and power units for the
equipment shall 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:
(1) 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 disassembled or modified by anyone other than persons
permitted by the manufacturer of the equipment.
(2) The 3M TR-830 Battery Pack shall 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.
(iii) The CleanSpace EX Power Unit is to be charged only by the
CleanSpace Battery Charger EX, Product Code PAF-0066.
(iv) The batteries shall 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 shall not be placed in direct sunlight or used
or stored near a source of heat.
(p) Personnel engaged in the use of the 3M Versaflo 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 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 to address this issue.
(q) Within 60 days after the PDO granted by MSHA becomes final,
Mountaineer II Mine 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 PDO
granted by MSHA. When training is conducted on the terms and conditions
in the PDO granted by MSHA, 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
Versaflo TR-800 or CleanSpace EX.
(r) All personnel who will be involved with or affected by the use
of the 3M Versaflo TR-800 or CleanSpace EX shall receive training in
accordance with 30 CFR 48.7 on the requirements of the PDO granted by
MSHA within 60 days of the date the PDO granted by MSHA becomes final.
Such training shall be completed before any 3M Versaflo TR-
[[Page 16576]]
800 or CleanSpace EX is taken into or used inby the last open crosscut.
The operator shall keep a record of such training and provide such
record to MSHA upon request.
(s) Mountaineer II Mine shall provide annual retraining to all
personnel who will be involved with or affected by the use of the 3M
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 granted
by MSHA in accordance with 30 CFR 48.5 and shall train experienced
miners on the requirements of the PDO granted by MSHA 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) Mountaineer II Mine shall post the PDO granted by MSHA 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.
(u) The miners at Mingo Logan Coal, LLC, Mountaineer II Mine are
not represented by a labor organization but the petition has been
posted at the mine on March 07, 2025.
The petitioner asserts that the alternative method will 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. 2025-06726 Filed 4-17-25; 8:45 am]
BILLING CODE 4520-43-P