[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Notices]
[Pages 88062-88064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25720]


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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 
American Soda, LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before December 6, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0031 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0031.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#e8988d9c819c8187868b8785858d869c9ba88c8784c68f879e"><span class="__cf_email__" data-cfemail="daaabfaeb3aeb3b5b4b9b5b7b7bfb4aea99abeb5b6f4bdb5ac">[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.

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#39695c4d504d5056574a5f564b54565d505f505a584d505657795d5655175e564f"><span class="__cf_email__" data-cfemail="39695c4d504d5056574a5f564b54565d505f505a584d505657795d5655175e564f">[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 88063]]

    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-2024-001-M.
    Petitioner: American Soda, LLC, P.O. Box 1167, 400 County Road 85, 
Green River, WY 82935.
    Mine: American Soda LLC Mine, MSHA ID No. 48-01295, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305, Approved equipment (III 
mines).
    Modification Request: The petitioner requests a modification of 30 
CFR 57.22305 to permit an alternative method of compliance for the 
respiratory protection of miners. The petitioner proposes to use a non-
MSHA approved, intrinsically safe battery-powered air purifying 
respirator (PAPR) product called a Dr[auml]ger X-plore 8700 EX to 
protect miners from potential exposure to respirable dust and ammonia 
gas during normal mining conditions in or beyond the last open crosscut 
and where methane may enter the air current.
    The petitioner states that:
    (a) American Soda, LLC, is requesting relief from 30 CFR 57.22305 
to provide an alternative method of respiratory protection for mine 
employees exposed to respirable dust and ammonia gas. Application of 
this standard will reduce the health and safety of our miners by not 
affording them safe and effective equipment.
    (b) In conjunction with this petition for modification, energy and 
resources are being spent to engineer controls to reduce hazards from 
respirable dust and silica. This is a continuing process that requires 
time and capital to accomplish. While this process is taking place 
American Soda, LLC, is trying to provide the maximum level of 
protection and comfort to the miners.
    (c) To offer miners at this facility the best possible protection 
from exposure to respirable dust and ammonia gas, American Soda, LLC, 
wishes to incorporate the latest available technology in respiratory 
protection. American Soda, LLC, is submitting a petition for 
modification for the ``Dr[auml]ger X-plore 8700 EX.''
    (d) MSHA has given American Soda, LLC, the opportunity to provide 
protection to our miners. The approval of the TR-800 and the CleanSpace 
EX has given our miners the maximum protection available against silica 
crystal, respirable dust and ammonia gas. Mining is a dynamic 
operation, and no two tasks are the same. We therefore are seeking as 
many options for our miners as possible. This petition is in an effort 
to add another more ergonomic option for our miners.
    (e) Due to the discontinuing of the 3M Airstream PAPR, American 
Soda, LLC, has been forced to seek a replacement PAPR for the health 
and safety of our miners.
    (f) American Soda, LLC's research regarding available PAPRs 
identified two with MSHA approval. The 3M Airstream model has been 
discontinued by the manufacturer. The Kasco K80 ET8 unit is currently 
the only unit available with MSHA approval. Although the Kasco K80 ET8 
unit meets MSHA approval for intrinsic safety, the unit poses 
recognizable safety and health deficiencies. When we examined the hood 
and unit, we found it very cumbersome to don. It also restricted 
communication considerably, to the point where the user would have to 
remove the entire hood to both hear and talk. We felt this put an 
unnecessary burden on miners as they require the best conditions in 
communication. Once donned the unit restricted peripheral vision thus 
introducing additional risk to the miner.
    (g) Our currently approved petition for modification units in use 
today are the TR-800 and the CleanSpace EX. The Dr[auml]ger X-plore 
8700 EX would give our miners a third, more ergonomic option.
    (h) As stated previously, American Soda, LLC, is committed to the 
health and safety of our miners and provides our employees with the 
best available respiratory protection. The Dr[auml]ger X-plore 8700 EX 
provides a level of respiratory protection and safety equal to the 
already approved TR-800 and Clean space EX with additional enhancements 
to meet the needs of miners. The unit provides an alternative means of 
respiratory protection for different tasks. This affords miners an 
additional, more ergonomic, option to provide respiratory protection 
for employees.
    (i) The Dr[auml]ger X-plore 8700 EX unit is certified by UL under 
ANSI/UL 60079-11 standard. Per this certification, the Dr[auml]ger X-
plore 8700 EX unit is specialized to be used in hazardous locations, 
has met the most onerous level of intrinsic safety protection, and the 
level of protection is acceptable for use in mines susceptible to 
firedamp.
    (j) The Dr[auml]ger X-plore 8700 EX unit provides a NIOSH approved 
high-capacity, high efficiency (HEPA) particulate/vapor filter for the 
half facemask and a NIOSH approved HEPA particulate filter for the full 
facemask.
    (k) The Dr[auml]ger X-plore 8700 EX does not restrict the vision or 
impair communication of the miner.
    (l) The Dr[auml]ger X-plore 8700 EX incorporates technology which 
places the filter housing and fan assembly on an ergonomically 
comfortable belt.
    (m) The Dr[auml]ger X-plore 8700 EX respirator provides a level of 
comfort beyond additional PAPR units when operating mining equipment 
due to limited space and mobility in the machine operator's cab.
    (n) The Dr[auml]ger X-plore 8700 EX helmet meets Z89.1, Type 1, 
Class G helmet Standard.
    (o) The Dr[auml]ger X-plore 8700 EX eye protection meets ANSI Z87.1 
Standard.
    (p) The Dr[auml]ger X-plore 8700 EX unit can be easily disassembled 
and cleaned.
    The petitioner proposes the following alternative method:
    (a) Prior to energizing the Dr[auml]ger X-plore 8700 EX in or 
beyond the last open crosscut or in areas where methane may enter the 
air current, a methane test shall be conducted in the mine atmosphere 
as defined in 30 CFR 57.2.
    (b) Before the Dr[auml]ger X-plore 8700 EX can be used in or beyond 
the last open crosscut, a check of the instrument for any physical 
damage and the integrity of the case shall be conducted. The battery 
shall be removed and inspected for corrosion, including the contact 
points to ensure connection. The battery shall be reinserted, and the 
unit shall be powered up and then shut down to ensure proper 
connections. An inspection to ensure the battery compartment cover is 
securely fastened and an inspection of the battery for swelling and 
damage shall be conducted. Training shall be required for all miners on 
the pre-operational inspection and use of the Dr[auml]ger X-plore 8700 
EX.
    (c) The Dr[auml]ger X-plore 8700 EX shall not be used in or beyond 
the last open crosscut or in areas where methane may enter the air 
current until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions of the 
Proposed Decision and Order (PDO) granted by MSHA.
    (d) The Dr[auml]ger X-plore 8700 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 Dr[auml]ger X-plore 8700 EX is being 
used, the equipment shall be de-energized immediately. The Dr[auml]ger 
X-plore 8700 EX shall be withdrawn from the affected areas.
    (e) All handheld methane detectors shall be MSHA approved and 
maintained in permissible and proper operating condition, as defined by 
30 CFR 57.22227. All methane detectors must provide visual and audible

[[Page 88064]]

warnings when methane is detected at or above 1.0 percent.
    (f) A competent person, as defined in 30 CFR 57.2, shall 
continuously monitor for methane immediately before and during the use 
of the Dr[auml]ger X-plore 8700 EX in or beyond the last open crosscut 
or in areas where methane may enter the air current. For a crew working 
together, at least one competent person shall continuously monitor for 
methane. Alternatively, continuous monitoring systems along longwall 
faces, which provide an audible and visual alarm when 1.0 percent 
methane is detected, shall satisfy this requirement.
    (g) Batteries contained in the Dr[auml]ger X-plore 8700 EX must be 
``changed out'' or ``charged'' in intake air. Before each shift when 
the Dr[auml]ger X-plore 8700 EX is to be used, all batteries for the 
equipment must be charged sufficiently such that they are not expected 
to be replaced on that shift.
    (h) The Dr[auml]ger LBT 04 LI-ION shall be charged on the surface 
or underground in accordance with 30 CFR 57.22224.
    (i) The Dr[auml]ger LBT 04 LI-ION shall be charged only by the 
Dr[auml]ger X-plore 8000 EX standard charger or the Dr[auml]ger X-plore 
8000 multiple charger.
    (j) The battery pack shall not be disassembled or modified by 
anyone other than permitted by the manufacturer of the equipment.
    (k) The battery pack shall not be exposed to water or allowed to 
get wet. This does not preclude incidental exposure of sealed battery 
packs.
    (l) The battery shall not be exposed to direct sunlight or used or 
stored near a source of heat.
    (m) 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 shall be disposed of 
properly.
    (n) The mine operator shall investigate the potential for 
electromagnetic interference between the Dr[auml]ger X-plore 8700 EX 
and all safety devices carried or worn by miners, such as proximity 
detection system miner wearable components, gas detectors, tracking 
system components, and communication devices. Before any Dr[auml]ger X-
plore 8700 EX devices are placed into service, the mine operator shall 
report to their MSHA District whether any interference is identified 
along with the procedures the mine operator will implement to eliminate 
the interference. All miners shall be trained in these procedures.
    (o) Personnel engaged in the use of Dr[auml]ger X-plore 8700 EX 
shall be properly trained to recognize the hazards and limitations 
associated with the use of the PAPR in areas where methane could be 
present.
    (p) All section foremen, section crew members, and other personnel 
who will be involved with or affected by the use of the PAPR 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 must be completed before any 
Dr[auml]ger X-plore 8700 EX is used in or beyond the last open crosscut 
or in areas where methane may enter the air current.
    (q) Within 60 days after the PDO granted by MSHA becomes final, the 
operator shall submit proposed revisions for its approved 30 CFR part 
48 training plan to the Mine Safety and Health District Manager. These 
proposed revisions shall include donning a Self-Contained Self Rescuer 
(SCSR) while using the PAPR, and 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 and include the notation ``Dr[auml]ger X-plore 8700 EX 
PAPR training''.
    (r) The operator 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.
    (s) Affected mine employees shall be trained in the proper use and 
care of the Dr[auml]ger X-plore 8700 EX unit in accordance with 
established manufacturer guidelines.
    (t) If 1.0 percent or more methane is detected, the procedures in 
30 CFR 7.22234 shall be followed.
    (u) The miners at American Soda LLC mine are not represented by a 
labor organization and there are no designated representatives of 
miners. A copy of this petition has been posted for all miners to see 
on the mine bulletin board on August 22, 2024.
    In support of the proposed alternative method, the petitioner has 
also submitted: a Dr[auml]ger X-plore 8700 EX Certificate of 
Conformity, a Dr[auml]ger X-plore 8700 EX ATEX Certificate, a battery 
pack operating manual, and a Dr[auml]ger X-plore 8700 EX data sheet.
    The petitioner asserts that that application of the standard in 30 
CFR 57.22305 will reduce the safety of the miners affected and has 
proposed to establish an alternative method.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-25720 Filed 11-5-24; 8:45 am]
BILLING CODE 4520-43-P


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