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

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 Greenbrier 

Minerals, LLC. 

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– 

0072 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0072. 

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–2024–047–C. 

Petitioner: Greenbrier Minerals, LLC, 

119 Rich Creek Road, Lyburn, WV 

25632. 

Mines: Powellton #1 Mine, MSHA ID 

No. 46–09217, located in Logan County, 

West Virginia; Lower War Eagle, MSHA 

ID No. 46–09319, located in Wyoming 

County, West Virginia; Muddy Bridge, 

Mine ID No. 46–09514, located in Logan 

County, West Virginia; Eagle No. 1 

Mine, Mine ID No. 46–09563, located in 

Logan County, West Virginia. 

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 an 

alternative method of respirable dust 

protection. Specifically, the petitioner is 

requesting to use a battery powered 

respirable protection unit called the 3M 

Versaflo TR–800 powered air-purifying 

respirator (PAPR) in addition to the 

CleanSpace EX PAPR in or inby the last 

open crosscut. 

The petitioner states that: 

(a) The petitioner is requesting to 

utilize the 3M Versaflo TR–800 PAPR in 

addition to the utilization of the 

CleanSpace EX PAPR, which was 

approved through a previous Proposed 

Decision and Order (PDO) granted by 

MSHA (MSHA Docket Number M– 

2022–038–C). It should be noted that 

North Fork Winifrede Deep Mine, Mine 

ID No. 46–09583 was included in the 

original petition but has been 

abandoned and will be omitted in the 

amended petition. 

(b) The 3M Airstream helmet has been 

used in mines for over 40 years. 3M has 

recently faced component disruptions 

for the Airstream product. This has 

caused 3M to discontinue, globally, the 

Airstream on June 1, 2020. The ability 

to order an Airstream system and 

components ended in February 2020, 

and components were available through 

June 2020. Currently, there are not any 

available replacement PAPRs that meet 

the MSHA standard for permissibility. 

PAPRs provide a constant flow of 

filtered air, which offers respiratory 

protection and comfort in hot working 

environments. Operators that were 

using the Airstream, do not have an 

alternative to provide to this type of 

protection to its miners. 

(c) Greenbrier Minerals, LLC, is 

seeking alternatives to the 3M Airstream 

helmet to provide miners with 

respirable protection against respirable 


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90752 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices 

coal mine and silica dust, a protection 

that can provide long-term health 

benefits. 

(d) Both the CleanSpace EX and 3M 

Versaflo TR–800 PAPRs provide a 

constant flow of filtered air inside the 

half-mask, full mask or helmet. The 

airflow provides respiratory protection 

and comfort in hot working conditions. 

Both PAPRs will be equipped with the 

following: Particulate protection 

classified as 100 series under 42 CFR 

part 84; or Particulate protection 

classified as High Efficiency ‘‘HE’’ 

under 42 CFR part 84. 

(e) Greenbrier Minerals LLC is seeking 

to continue the use of the CleanSpace 

EX PAPR and applying to utilize the 3M 

Versaflo TR–800 PAPR in or inby the 

last open crosscut at the aforementioned 

mines. 

(f) CleanSpace EX. 

(1) The CleanSpace EX is certified by 

TestSafe Australia (TSA) according to 

the IEC 60079–0:2011 (General 

Requirements) and IEC 60079–11:2011 

(Intrinsic Safety) standards. The 

certificate, issued to PAFtec Australia 

Pty Ltd (‘‘PAFtec’’), allows PAFtec to 

mark the device as ‘‘Ex ib IIB T4 Gb’’ 

and ‘‘Ex ia I Ma.’’ Due to legal and 

regulatory constraints, the TSA 

certificate is not accepted by MSHA as 

evidence that the PAPR is approved for 

use in US mines. The IEC certification 

marking that applies to mining, Ex ia I 

Ma, is discussed below: 

(2) The CleanSpace EX is certified to 

be used in hazardous locations (‘‘Ex’’); 

meets the most onerous level of intrinsic 

safety protection (‘‘ia’’); the level of 

protection is acceptable for use in 

mining locations (‘‘I’’), and the 

Equipment Protection Level appropriate 

for mining equipment, that has a ‘‘very 

high’’ level of protection, with sufficient 

security that it is unlikely to become an 

ignition source in normal operation, 

during expected malfunctions or during 

rare malfunctions, even when left 

energized in the presence of an outbreak 

of gas (‘‘Ma’’). 

(3) NIOSH researchers, in a paper 

titled ‘‘An Evaluation of the Relative 

Safety of U.S. Mining ExplosionProtected Equipment Approval 

Requirements versus those of 

International Standards’’, have 

determined that equipment, which 

meets two-fault intrinsic safety as 

defined in the ANSI/UL 60079 standard 

would provide at least an equivalent 

level of safety as that provided by 

equipment approved under MSHA 

criteria. 

(4) The UL certification, TSA 

certification and PAFtec listing material 

(drawings, certificate and text report) 

were found to support the conclusion 

that the CleanSpace EX meet the 

applicable ‘‘two fault’’ intrinsic safety 

requirements for mining equipment as 

found in the ANSI/UL standard. 

(5) The CleanSpace EX carries an 

ingress protection rating of IP66. This 

rating exceeds the minimum rating of 

IP54 required by the ANSI/UL and IEC 

standards for intrinsically safe mining 

equipment. 

(6) This product is not MSHAapproved, and the manufacturer is not 

pursuing approval. The standards for 

the approval of this respirator are an 

accepted alternative to MSHA’s 

standards and provide the same level of 

protection. 

(g) 3M Versaflo TR–800. 

(1) The 3M Versaflo TR–800 PAPR 

with motor/blower and battery qualifies 

as intrinsically safe, based on reports by 

the International Electrotechnical 

Commission Systems for Certification to 

Standards Relating to Equipment for 

Use in Explosive Atmospheres (IECEx). 

The blower is UL-certified with an 

intrinsically safe rating of Division 1: 

Class I, II, III; Division 1: Groups C, D, 

E, F, G; T4 under the current standard 

of UL 60079; ATEX-certified with a 

rating of ‘‘ia’’. The 3M Versaflo TR–800 

is rated and marked Ex ia I MA, Ex ia 

IIB T4 Ga, Ex ia IIIC 135oC Da; 120°C≤ 

TA ≤+55°C. 

(2) The 3M Versaflo TR–800 carries an 

ingress protection rating of IP64. This 

rating exceeds the minimum rating of 

IP54 required by the ANSI/UL and IEC 

standards for intrinsically safe mining 

equipment. 

(3) This product is not MSHAapproved, and the manufacturer is not 

pursuing approval. The standards for 

the approval of this respirator are an 

accepted alternative to MSHA’s 

standards and provide the same level of 

protection. 

(h) The alternative method will 

guarantee no less than the same measure 

of protection afforded the miners under 

the mandatory standard. 

The petitioner proposes the following 

alternative method: 

(a) Affected mine employees shall be 

trained in the proper use and 

maintenance of the PAPR(s) to be used 

at the mine, the 3M Versaflo TR–800 

and/or the CleanSpace EX, in 

accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3M Versaflo TR–800 nor the 

CleanSpace EX PAPR is approved under 

30 CFR part 18 and therefore shall be 

de-energized when 1.0 or more percent 

methane is detected. The training shall 

also include the proper method to deenergize these PAPRs. In addition to 

manufacturer guidelines, MSHA 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 the PDO granted by 

MSHA. 

(b) The PAPRs, battery packs, 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) The operator shall maintain a 

separate logbook for the 3M Versaflo 

TR–800 and CleanSpace EX PAPRs 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, and the ‘‘blocked filter’’ alarm on 

the CleanSpace EX PAPR. Examination 

entries may be expunged after one year. 

(d) All 3M Versaflo TR–800 and 

CleanSpace EX PAPRs to be used in or 

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; and 

(6) For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

(e) All CleanSpace EX PAPRs to be 

used in or inby the last open crosscut 


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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 

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 should include 

any indications of physical damage. 

(f) The operator shall ensure that all 

3M Versaflo TR–800 and CleanSpace EX 

PAPR 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. 

(g) The 3M Versaflo TR–800 and 

CleanSpace EX PAPR units that will be 

used in or inby the last open crosscut 

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 

PDO granted by MSHA. 

(h) Prior to energizing the 3M Versaflo 

TR–800 or the CleanSpace EX PAPR in 

or inby the last open crosscut, methane 

tests shall be made in accordance with 

30 CFR 75.323(a). 

(i) 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 in 

concentrations at or above 1.0 percent. 

(j) 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 or CleanSpace EX PAPR in or inby 

the last open crosscut. 

(k) Neither the 3M Versaflo TR–800 

nor the CleanSpace EX PAPR shall 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 3M Versaflo TR–800 

or CleanSpace EX PAPR is being used, 

the equipment shall be de-energized 

immediately and the equipment 

withdrawn outby the last open crosscut. 

(l) The operation and location of the 

3M Versaflo TR–800 and CleanSpace EX 

PAPRs during underground blasting 

operations shall be defined in 

accordance with 30 CFR 75.1312(e)(1), 

30 CFR 75.1313(b)(1), and 

individualized underground blasting 

permits approved by the District 

Manager. 

(m) Only the 3M TR–830 Battery Pack 

shall be used, which meets lithium 

battery safety standard UL 1642 or IEC 

62133, in the 3M Versaflo TR–800 

PAPR. Use only the CleanSpace EX 

Power Unit, which meets lithium 

battery safety standard UL 1642 or IEC 

62133, in the CleanSpace EX PAPR. 

(n) Before each shift when the 3M 

Versaflo TR–800 or CleanSpace EX 

PAPR is 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. 

(o) 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 

may 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, readily monitored 

and located on the surface of the mine. 

The 3M TR–830 Battery Pack shall be 

charged only by a manufacturer’s 

recommended battery charger, such as: 

(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. 

(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 as per 30 CFR 

75.340, or in an area free of combustible 

material, readily monitored and located 

on the surface of the mine, and only the 

manufacturer’s recommended battery 

chargers may 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. 

(6) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX PAPR’s 

internal battery shall 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 3M TR–830 Battery Pack and the 

CleanSpace EX power unit containing 

the internal battery shall be disposed of 

properly. 

(p) Personnel engaged in the use of 

the 3M Versaflo TR–800 and 

CleanSpace EX PAPRs 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 or CleanSpace EX 

PAPR. The mine operator shall submit 

proposed revisions to update the Mine 

Emergency Evacuation and Firefighting 

Program of Instruction under 30 CFR 

75.1502. 

(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 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 or the CleanSpace 

EX PAPR. 

(r) All personnel 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 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 or CleanSpace 

EX PAPR can be used in or inby the last 

open crosscut. The operator shall keep 

a record of such training and provide 

such record to MSHA upon request. 

(s) The operator shall provide annual 

retraining to all personnel who will be 


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involved with or affected by the use of 

the 3M Versaflo TR–800 or CleanSpace 

EX PAPRs 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. 

(t) 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. 

(u) There are no representatives of 

miners at Greenbrier Minerals LLC, 

Powellton #1 Mine, Lower War Eagle, 

Muddy Bridge, or Eagle No. 1 Mine. A 

copy of this petition has been posted on 

the bulletin board as of September 12, 

2024. 

The petitioner asserts that the 

alternative method will guarantee no 

less than the same measure of protection 

afforded the miners under the 

mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–26732 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– 

0064 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0064. 

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–2024–041–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 

75.500(d), Permissible electric 

equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.500(d) 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. 


lotter on DSK11XQN23PROD with NOTICES1