Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices 90747 

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. 2024–26720 Filed 11–15–24; 8:45 am] 

BILLING CODE 4520–43–P 

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. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by Kingston 

Mining, Inc. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before December 18, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0066 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0066. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

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), Petitionsformodification@

dol.gov (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–2024–043–C. 

Petitioner: Kingston Mining, Inc., 300 

Running Right Way, Julian, WV 25529. 

Mine: Kingston No. 2 Mine, MSHA ID 

No. 46–08932, located in Fayette 

County, West Virginia. 

Regulation Affected: 30 CFR 

75.1002(a), Permissible electric 

equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.1002(a) to permit alternative methods 

of compliance to allow the use of 

additional respirable dust protection. 

Specifically, the petitioner is requesting 

to permit the use of the 3M Versaflo TR– 

800–HIK Intrinsically Safe Powered Air 

Purifying Respirator motor/blower and 

battery. 

The petitioner states that: 

(a) Kingston Mining, Inc., does not 

currently use a battery powered 

respirator unit but would like to add a 

Powered Air Purifying Respirator 

(‘‘PAPR’’) to the units available to 

miners in certain situations. 

(b) Currently there are no battery 

powered respirators that meet 

applicable U.S. Mine Safety and Health 

Administration (MSHA) standards for 

permissibility. Electronic equipment 

used in underground mines in 

potentially explosive atmospheres is 

required to be approved by MSHA per 

30 CFR. 3M and other competitor 

manufacturers do offer alternative 

products for many other environments 

and applications. 

(c) One of the main benefits of a PAPR 

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 

warm working environments. 

(d) A strict application of the standard 

(i.e., objecting to the use of the 

requested PAPR) results in a diminution 

of safety at the mine. 

(e) Kingston Mining, Inc., petitions to 

permit the use of the 3M Versaflo TR– 

800–HIK Intrinsically Safe Powered Air 

Purifying Respirator motor/blower and 

battery. 

(f) The Versaflo TR–800–HIK motor/ 

blower and battery qualifies as 

intrinsically safe in the U.S., Canada, 

and any other countries accepting IECEx 

reports. (IECEx is the International 

Electrotechnical Commissions System 

for Certification to Standards Relating to 

Equipment for Use in Explosive 

Atmospheres). The TR–800–HIK PAPR 

has a blower that is UL-certified with an 

intrinsically safe (IS) rating of Division 

I: IS Class I, II, III; Division I (includes 

Division 2) Groups C, D, E, F, G; T4, 

under the most current standard (UL 

60079, 6th Edition, 2013), and ATEXcertified with an intrinsically safe (IS) 

rating of ‘‘ia’’. The TR–800 is rated and 

marked with Exia I Ma, Exia IIB T4 Ga, 

Ex ia IIIC 135°C Da, ¥20 °C ≤ Ta ≤ +55 

°C, under the current standard (IEC 

60079). 

(g) The 3M Versaflo TR–800 

Intrinsically Safe Powered Air Purifying 

Respirator is not MSHA approved as 

permissible, and 3M is not pursuing 

approval to our knowledge. 

(h) The standards for approval of 

these respirators are an acceptable 

alternative to MSHA’s standards and 

provide an equivalent level of 

protection. 

(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) Affected mine employees shall be 

trained in the proper use and 

maintenance of the Versaflo TR–800 

PAPR in accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that the 

Versaflo TR–800 PAPR is approved 

under 30 CFR part 18 and shall be deenergized when 1.0 percent or more 

percent methane is detected. The 

training shall also include the proper 

method to de-energize the PAPR. In 

addition to manufacturer guidelines, 

Kingston Mining, Inc. 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 this petition. 

(b) The PAPR, battery pack, and all 

associated wiring and any connections 


lotter on DSK11XQN23PROD with NOTICES1
90748 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices 

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) The operator shall maintain a 

separate logbook for the 3M Versaflo 

TR–800 PAPR 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 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 

PAPR. 

(d) All 3M Versaflo TR–800 PAPRs to 

be used on the longwall face or within 

150 feet of pillar workings, 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 being 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; and 

(6) For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. The pre-use examination is limited 

to inspecting the equipment for 

indications of physical damage. 

(e) The operator shall ensure that all 

3M Versaflo TR–800 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. 

(f) The 3M Versaflo TR–800 units that 

will be used in the face or within 150 

feet of pillar workings, 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 in compliance with 

all the terms and conditions of the 

Proposed Decision and Order (PDO) 

granted by MSHA. 

(g) Prior to energizing the 3M Versaflo 

TR–800 inby the last open crosscut, 

methane tests shall be made in 

accordance with 30 CFR 75.323(a). 

(h) 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. 

(i) 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 PAPR in the face or within 150 feet 

of pillar workings or in areas where 

methane may enter the air current. 

(j) The 3M Versaflo TR–800 PAPR 

shall not be used if methane is detected 

in concentrations at or above 1.0 percent 

methane. When 1.0 percent or more of 

methane is detected while the Versaflo 

TR–800 is being used, the equipment 

shall be de-energized immediately and 

the equipment withdrawn outby the last 

open crosscut. 

(k) Kingston Mining, Inc. 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 PAPR. 

(l) The battery packs shall be 

‘‘changed out’’ in intake air outby the 

last open crosscut. Before each shift 

when the 3M Versaflo TR–800 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. 

(m) 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. The 3M 

TR–830 Battery Pack may not 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 batteries shall not be allowed 

to get wet. This does not preclude 

incidental exposure of sealed battery 

packs. 

(iv) The batteries shall not be used, 

charged or stored m 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. 

(n) Personnel engaged in the use of 

the 3M Versaflo TR–800 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 SelfContained Self Rescuers (SCSRs) during 

a mine emergency while wearing the 3M 

VersaFlo TR–800 PAPR. 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. 

(o) 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 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. 

(p) All personnel who will be 

involved with or affected by the use of 

the 3M Versaflo TR–800 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 shall be 

completed before any 3M Versaflo TR– 

800 can be used in the face or within 

150 feet of pillar workings. The operator 

shall keep a record of such training an 

provide such record to MSHA upon 

request. 

(q) The operator shall provide annual 

retraining to all personnel who will be 

involved with or affected by the use of 

the 3M Versaflo TR–800 PAPR in 

accordance with 30 CFR 48.8. The 

operator shall train new miners on the 

requirements of the PDO granted by 


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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices 90749 

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. 

(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) The miners at Kingston Mining, 

Inc., Kingston No. 2 Mine, are not 

represented by a labor organization and 

there are no representatives of miners at 

the mine and a copy of this petition has 

been posted on the bulletin board on 

September 4, 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. 2024–26717 Filed 11–15–24; 8:45 am] 

BILLING CODE 4520–43–P 

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. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by Kingston 

Mining, Inc. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before December 18, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0065 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0065. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

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), Petitionsformodification@

dol.gov (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–2024–042–C. 

Petitioner: Kingston Mining, Inc., 300 

Running Right Way, Julian, WV 25529. 

Mine: Kingston No. 2 Mine, MSHA ID 

No. 46–08932, located in Fayette 

County, West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1(a), Permissible electric equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.507–1(a) to permit alternative 

methods of compliance to allow the use 

of additional respirable dust protection. 

Specifically, the petitioner is requesting 

to permit the use of the 3M Versaflo TR– 

800–HIK Intrinsically Safe Powered Air 

Purifying Respirator motor/blower and 

battery. 

The petitioner states that: 

(a) Kingston Mining, Inc., does not 

currently use a battery powered 

respirator unit but would like to add a 

Powered Air Purifying Respirator 

(‘‘PAPR’’) to the units available to 

miners in certain situations. 

(b) Currently there are no battery 

powered respirators that meet 

applicable U.S. Mine Safety and Health 

Administration (MSHA) standards for 

permissibility. Electronic equipment 

used in underground mines in 

potentially explosive atmospheres is 

required to be approved by MSHA per 

30 CFR. 3M and other competitor 

manufacturers do offer alternative 

products for many other environments 

and applications. 

(c) One of the main benefits of a PAPR 

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 

warm working environments. 

(d) A strict application of the standard 

(i.e., objecting to the use of the 

requested PAPR) results in a diminution 

of safety at the mine. 

(e) Kingston Mining, Inc., petitions to 

permit the use of the 3M Versaflo TR– 

800–HIK Intrinsically Safe Powered Air 

Purifying Respirator motor/blower and 

battery. 

(f) The Versaflo TR–800–HIK motor/ 

blower and battery qualifies as 

intrinsically safe in the U.S., Canada, 

and any other countries accepting IECEx 

reports. (IECEx is the International 

Electrotechnical Commissions System 

for Certification to Standards Relating to 

Equipment for Use in Explosive 

Atmospheres). The TR–800–HIK PAPR 

has a blower that is UL-certified with an 

intrinsically safe (IS) rating of Division 

I: IS Class I, II, III; Division I (includes 

Division 2) Groups C, D, E, F, G; T4, 

under the most current standard (UL 

60079, 6th Edition, 2013), and ATEXcertified with an intrinsically safe (IS) 

rating of ‘‘ia’’. The TR–800 is rated and 

marked with Exia I Ma, Exia IIB T4 Ga, 

Ex ia IIIC 135°C Da, ¥20 °C ≤ Ta ≤ 

+55 °C, under the current standard (IEC 

60079). 

(g) The 3M Versaflo TR–800 

Intrinsically Safe Powered Air Purifying 

Respirator is not MSHA approved as 

permissible, and 3M is not pursuing 

approval to our knowledge. 

(h) The standards for approval of 

these respirators are an acceptable 

alternative to MSHA’s standards and 

provide an equivalent level of 

protection. 

(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: 


lotter on DSK11XQN23PROD with NOTICES1