[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81562-81564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23231]


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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 Excel 
Mining.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 7, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0051 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0051.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#017164756875686e6f626e6c6c646f757241656e6d2f666e77"><span class="__cf_email__" data-cfemail="067663726f726f696865696b6b636872754662696a28616970">[email protected]</span></a>.
    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, 4th Floor West. 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), 
<a href="/cdn-cgi/l/email-protection#f8a89d8c918c9197968b9e978a95979c919e919b998c919796b89c9794d69f978e"><span class="__cf_email__" data-cfemail="4b1b2e3f223f222425382d243926242f222d22282a3f2224250b2f2427652c243d">[email protected]</span></a> (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.

[[Page 81563]]

    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-2024-028-C.
    Petitioner: Excel Mining, 4126 State Highway 194 W, Pikeville, KY 
41501.
    Mine: Excel #5 Mine, MSHA ID No. 15-19838, located in Pike County, 
Kentucky.
    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 unapproved Powered Air Purifying 
Respirators (PAPRs) taken into or used inby the last open crosscut. 
Specifically, the Petitioner is requesting to utilize the CleanSpace EX 
PAPR and sealed motor/blower/battery power pack assembly, and the 3M 
Versaflo TR-800 Intrinsically Safe PAPR motor/blower and battery with 
battery pack.
    The petitioner states that:
    (a) The 3M Versaflo TR-800 PAPR with motor/blower and battery 
qualifies as intrinsically safe.
    (b) The CleanSpace EX PAPR also qualifies as intrinsically safe.
    (c) Both the CleanSpace EX and the 3M Versaflo TR-800 PAPRs provide 
a constant flow of air inside the mask or helmet. This airflow provides 
respiratory protection and comfort in hot working conditions.
    (d) Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR is 
MSHA-approved as permissible.
    (e) Neither the 3M nor the CleanSpace is pursuing MSHA approval.
    (f) Excel Mining currently makes available to all miners NIOSH-
approved high efficiency l00 series respirators to protect the miners 
against potential exposure to respirable coal mine dust, including 
crystalline silica, during normal mining conditions. Excel Mining 
desires to expand the miners' option in choosing a respirator that 
provides the greatest degree of protection as well as comfort while 
being worn. PAPRs provide a constant flow of filtered air and serve 
that purpose.
    (g) On June 17, 2024, MSHA finalized the rule Lowering Miners' 
Exposure to Respirable Crystalline Silica and Improving Respiratory 
Protection. The rule requires the mine operator to have a written 
respiratory protection program in place when miners are required to use 
respirators. Adding the CleanSpace EX and the 3M TR-800 Versaflo PAPRs 
to the respiratory protection program as additional options will 
provide the miners with alternatives to the series 100 high efficiency 
respirators already in use at the mine. The PAPRs will also serve as a 
respirator option to protect the miners with facial hair who may not be 
able to pass the ``fit test'' requirement of the program. In addition, 
the positive flow of filtered air provided by the PAPRs will provide a 
solution for the miners who are unable to wear a tight-fitting 
respirator.
    (h) Since the 3M Airstream Headgear-Mounted PAPR System has been 
discontinued by the manufacturer, there are no other MSHA-approved 
units available that can be taken into or used inby the last open 
crosscut.
    (i) The alternative method in the petition will at all times 
guarantee no less than the same measure of protection afforded to the 
miners by the standard.
    The petitioner proposes the following alternative method:
    (a) All miners who will be involved with or affected by the use of 
the 3M Versaflo TR-800 or CleanSpace EX PAPRs shall receive training in 
accordance with 30 CFR 48.7 on the requirements of the Proposed 
Decision and Order (PDO) granted by MSHA and manufacturer guidelines. 
Such training shall be completed before any 3M Versaflo TR-800 or 
CleanSpace EX PAPR 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.
    (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) A separate logbook shall be maintained for the 3M Versaflo TR-
800 and CleanSpace EX PAPRs that will 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. Examination records shall be 
maintained for one year.
    (d) All 3M Versaflo 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 shall 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 
used according to the original equipment manufacturer's recommendations 
and maintained in a safe operating condition. The examinations for the 
3M Versaflo TR-800 PAPRs 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.
    The CleanSpace EX PAPR does not have an accessible/removable 
battery. The internal battery and motor/blower assembly are both 
contained within the ``power unit'' assembly and the battery cannot be 
removed, reinserted or fastened. Therefore, examination of the 
CleanSpace EX PAPR shall include any indications of physical damage.
    (e) All 3M Versaflo TR-800 and CleanSpace EX PAPR units shall be 
serviced according to the manufacturer's recommendations.
    (f) Prior to energizing and during use of the 3M Versaflo TR-800 or 
the CleanSpace EX PAPR inby the last open crosscut, procedures in 
accordance with 30 CFR 75.323 shall be followed.
    (g) Only the 3M TR-830 Battery Pack, which meets lithium battery 
safety standard UL 1642 or IEC 62133, in the 3M Versaflo TR-800 PAPR 
shall be used. Only the CleanSpace EX Power Unit, which meets lithium 
battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX 
shall be used.
    (h) If 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.
    (i) The following maintenance and use conditions shall apply to 
equipment containing lithium type batteries:
    (1) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX Power 
Unit shall be disassembled nor modified by anyone other than permitted 
by the manufacturer of the equipment.
    (2) The 3M TR-830 Battery Pack shall be charged only in an area 
free of combustible material and in intake air outby the last open 
crosscut. The 3M TR-830 Battery Pack shall be charged only by a 
manufacturer's recommended battery charger, such as the:
    (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

[[Page 81564]]

Charger Cradles TR-640 and one 3M 4-Station Battery Charger Base/Power 
Supply TR-944N.
    (3) The CleanSpace EX internal battery, which is contained within 
the power unit assembly, shall be charged in areas located outby the 
last open crosscut in intake air and only the manufacturer's 
recommended battery chargers shall be used, such as the CleanSpace EX 
Battery Charger, Product Code PAF-0066.
    (4) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX power 
unit which contains the internal battery, shall be exposed to water, 
allowed to get wet or immersed in liquid. This does not preclude 
incidental exposure of the 3M TR-830 Battery Pack or the CleanSpace EX 
power unit assembly.
    (5) Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR, 
including the internal battery, shall be used, charged or stored in 
locations where the manufacturer's recommended temperature limits are 
exceeded. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX 
PAPR shall be placed in direct sunlight nor stored near a source of 
heat.
    (j) Annual retraining shall be given to all miners who will be 
involved with or affected by the use of the 3M Versaflo TR-800 or 
CleanSpace EX PAPRs in accordance with 30 CFR 48.8. Training of new 
miners on the requirements of the PDO granted by MSHA in accordance 
with 30 CFR 48.5, and training of experienced miners on the 
requirements of the PDO granted by MSHA in accordance with 30 CFR 48.6 
shall be given. The operator shall keep a record of such training and 
provide such record to MSHA upon request.
    (k) The miners at Excel Mining, Excel #5 Mine, are not represented 
by a labor organization and there are no representatives of miners at 
the mine. A copy of this petition has been posted on the bulletin board 
at Excel Mining, Excel #5 Mine, on September 12, 2024.
    The petitioner asserts that the alternative method in the petition 
will at all times guarantee no less than the same measure of protection 
afforded to the miners by the standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-23231 Filed 10-7-24; 8:45 am]
BILLING CODE 4520-43-P


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