`[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90749-90751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26727]


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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 
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: [email protected].
    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), 
[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-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 ATEX-certified 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[deg]C Da, -20 [deg]C <= Ta <= +55 [deg]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:

[[Page 90750]]

    (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 de-energized 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 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; and
    (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 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 Self-Contained 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

[[Page 90751]]

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 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. 2024-26727 Filed 11-15-24; 8:45 am]
BILLING CODE 4520-43-P`