[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Notices]
[Pages 31681-31682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13189]
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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 M-
Class Mining, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before August 14, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0062 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2025-0062.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Ave. NW,
Washington, DC 20210.
Attention: Jessica D. Senk, Acting 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 202-693-9440
to make an appointment.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, 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-2025-042-C.
Petitioner: M-Class Mining, LLC, 11351 North Thompsonville Road,
Macedonia IL 62860.
Mine: MC#1 Mine, MSHA ID No. 11-03189, located in Franklin County,
IL.
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 intrinsically safe Powered Air
Purifying Respirator (PAPRs) as an alternative method for respirable
dust protection. Specifically, the petitioner is requesting to utilize
the CleanSpace EX and the 3M Versaflo TR-800 PAPRs in or inby the last
open crosscut.
The petitioner states that:
(a) M-Class Mining, LLC, would like to provide PAPRs so that its
miners have a better option of protection from the harmful dust that
causes lung diseases.
(b) The 3M PAPR Airstream helmet was MSHA approved to provide
miners respirable dust protection, but 3M has discontinued the
Airstream helmet and there are no other MSHA approved PAPRs available.
(c) The CleanSpace EX and the 3M Versaflo TR-800 are both certified
by UL under the ANSI/UL 60079-11 standard to be used in hazardous
locations because they meet the intrinsic safety protection level and
are acceptable in other jurisdictions to use in mines with the
potential for methane accumulation.
(d) 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) The equipment shall be examined at least weekly by a qualified
person according to 30 CFR 75.512-2 and examination results shall be
recorded weekly and may be expunged after one year.
(b) If methane is detected in concentrations of 1.0 percent or
more, procedures in accordance with 30 CFR 75.323 shall be followed.
(c) A qualified person under 30 CFR 75.151 shall monitor for
methane as is required by the standard in the affected area of the
mine.
(d) The CleanSpace EX and 3M Versaflo have been determined to be
intrinsically safe under IECEx and other countries' standards which
provides the same level of protection. Neither manufacturer is pursuing
MSHA approval.
(e) The 3M Versaflo TR-800 PAPR shall only use the 3M TR-830
battery pack or manufacturer equivalent.
(f) Before each shift when the CleanSpace EX or the 3M Versaflo TR-
800 are to be used, all batteries and power units for the equipment
shall be charged sufficiently for the expected usage on that shift. If
spare battery packs for the 3M Versaflo TR-800 PAPR are provided, all
battery ``change outs'' shall occur in intake air outby the last open
crosscut.
(g) The examinations for the 3M Versaflo TR-800 PAPR shall include:
(1) Check the equipment for any physical damage and the integrity
of the case;
(2) Remove the battery and examine 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; and
(6) For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swollen.
[[Page 31682]]
(h) Miners shall receive training regarding how to safely use, care
for, and inspect the PAPR, and the Proposed Decision and Order granted
by MSHA before using equipment in the relevant part of the mine. A
record of the training shall be kept and available upon request.
(i) The following maintenance and use conditions shall apply to
equipment containing lithium-type batteries:
(1) The 3M Versaflo TR-830 Battery Pack shall not be disassembled
or modified by anyone other than permitted by the manufacturer of the
equipment.
(2) The 3M Versaflo TR-830 Battery Pack shall be charged only on
the surface of the mine and only using a manufacturer's battery charger
shown below or manufacturer equivalent.
(i) 3M Battery Charger TR-641N.
(ii) 3M 4-Station battery charger TR-644N.
(3) The CleanSpace EX shall be charged on the surface or
underground in intake air and not in or inby the last open crosscut
utilizing the following chargers.
(i) CleanSpace PAF-0066, PAF-1100 or manufacturer equivalent.
(4) The 3M Versaflo TR-800 and CleanSpace EX PAPRs shall be used,
charged, or stored in locations where the manufacturer's recommended
temperature limits are not exceeded.
(5) The 3M Versaflo TR-830 battery pack shall not be used at the
end of its life cycle (i.e., when there is a performance decrease of
greater than 20 percent in battery-operated equipment). The battery
pack shall be disposed of properly.
(j) M-Class Mining, LLC, MC#1 Mine does not have a representative
of miners and the petition has been posted at the mine on May 21, 2025.
In support of the proposed alternative method, the petitioner has
also submitted manufacturer specification sheets for the CleanSpace EX
and the Versaflo TR-800 PAPRs.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection afforded the miners under
the mandatory standard.
Jessica D. Senk,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2025-13189 Filed 7-14-25; 8:45 am]
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