90060 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 

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 within 150 feet of 

pillar workings or longwall faces, 

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: 

(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 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 Tunnel Ridge, LLC, 

Tunnel Ridge 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 Tunnel Ridge, LLC, 

Tunnel Ridge Mine, on October 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. 2024–26440 Filed 11–13–24; 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 ACI Tygart 

Valley. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before December 16, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0060 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0060. 

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, §§ 44.10 and 44.11 of 30 

CFR establish the requirements for filing 

petitions for modification. 

II. Petition for Modification 

Docket Number: M–2024–037–C. 

Petitioner: ACI Tygart Valley, 1200 

Tygart Drive, Grafton, West Virginia 

26354. 

Mine: Leer Mine, MSHA ID No. 46– 

09192, located in Taylor County, West 

Virginia. 


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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 90061 

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 allow the use of an 

alternative method of respirable dust 

protection. Specifically, the petitioner is 

requesting to use the 3M Versaflo TR– 

800 Intrinsically Safe Powered Air 

Purifying Respirator (PAPR) and the 

CleanSpace EX PAPR in return air outby 

the last open crosscut. 

The petitioner states that: 

(a) Leer Mine has previously used the 

3M Airstream Headgear-Mounted PAPR 

System to provide additional protection 

for its miners against exposure to 

respirable coal mine dust. There are 

clear long-term health benefits from 

using such technology. One of the 

benefits of PAPRs 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 hot working environments. 

(b) 3M elected to discontinue the 3M 

Airstream helmet, replacing it with the 

3M Versaflo TR–800, which benefits 

from additional features and reduced 

weight. Because of its reduced weight, 

it provides significant ergonomic 

benefits. 

(c) For more than 40 years the 3M 

Airstream has been used by many mine 

operators to help protect their workers. 

During those years there have been 

technological advancements in products 

and services for industrial applications. 

3M indicated that they faced multiple 

key component supply disruptions for 

the Airstream product line that created 

issues with providing acceptable supply 

service levels. Because of those issues, 

3M discontinued the Airstream in June 

2020, and that discontinuation was 

global. 

(d) 3M announced that February 2020 

was the final time to place an order for 

systems and components and that June 

2020 was the final date to purchase 

Airstream components. 

(e) Currently there are no replacement 

3M PAPRs that meet applicable MSHA 

standards for permissibility. Electronic 

equipment used in underground mines 

in potentially explosive atmospheres are 

required to be approved by MSHA in 

accordance with 30 CFR. 3M and other 

manufacturers offer alternative products 

for many other environments and 

applications. 

(f) Following the discontinuation, 

mines that currently use the Airstream 

do not have an MSHA-approved, 

alternative PAPR to provide to miners. 

(g) Application of the standard results 

in a diminution of safety at the mine. 

(h) The 3M Versaflo TR–800 motor/ 

blower and battery qualify as 

intrinsically safe in the U.S., Canada, 

and any other country accepting IECEx 

(International Electrotechnical 

Commission System for Certification to 

Standards Relating to Equipment for 

Use in Explosive Atmospheres) reports. 

The 3M Versaflo TR–800 has a blower 

that is UL-certified with an intrinsically 

safe (IS) rating of Division 1: IS Class I, 

II, III; Division 1 (includes Division 2) 

Groups C, D, E, F, G; T4, under the most 

current standard (UL 60079, 6th Edition, 

2013). It is ATEX-certified with an IS 

rating of ‘‘ia.’’ (ATEX refers to European 

directives for controlling explosive 2 

atmospheres.) It is rated and marked 

with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia 

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

under the current standard (IEC 60079). 

(i) Leer Mine also seeks modification 

to permit the use of the CleanSpace EX 

powered respirator under the same 

conditions as it proposes with respect to 

the 3M Versaflo TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3M Versaflo TR–800 is not 

MSHA approved as permissible, and 3M 

is not pursuing approval. 

(k) The CleanSpace EX Power Unit is 

not MSHA approved as permissible, and 

CleanSpace is not pursuing approval. 

(l) The standards for approval of these 

respirators are an acceptable alternative 

to MSHA’s standards and provide an 

equivalent level of protection. 

(m) 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 3M Versaflo TR–800 

and 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 

is approved under 30 CFR part 18 and 

shall be deenergized 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, the 

petitioner 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 Proposed 

Decision and Order (PDO) granted by 

MSHA. 

(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) Leer Mine 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 and 

the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3M Versaflo TR–800 and 

CleanSpace EX PAPRs to be used in the 

return air outby 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 who will be operating 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. 

(e) The examination for the 3M 

Versaflo TR–800 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. 

(f) The CleanSpace EX does not have 

an accessible/removable battery. The 

battery and motor/blower assembly are 

both contained within the sealed four 

power pack assembly and cannot be 

removed, reinserted, or fastened. The 

pre-use examination is limited to 

inspecting the equipment for 

indications of physical damage. 

(g) Leer Mine shall ensure that all 3M 

Versaflo TR–800 and CleanSpace EX 

PAPRs are serviced according to the 

manufacturer’s recommendations. Dates 


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90062 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 

of service shall be recorded in the 

equipment’s logbook and shall include 

a description of the work performed. 

(h) The 3M Versaflo TR–800 and 

CleanSpace EX PAPRs that will be used 

in the return air outby the last open 

crosscut, 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 PDO 

granted by MSHA. 

(i) Prior to energizing the 3M Versaflo 

TR–800 or the CleanSpace EX in the 

return air outby the last open crosscut, 

methane tests shall be made in 

accordance with 30 CFR 75.323(a). 

(j) 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. 

(k) 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 in the return air 

outby the last open crosscut or in areas 

where methane may enter the air 

current. 

(l) Neither the 3M Versaflo TR–800 

nor the CleanSpace EX shall be used if 

methane is detected in concentrations at 

or above 1.0 percent. When 1.0 percent 

or more of methane is detected while 

the 3M Versaflo TR–800 or CleanSpace 

EX is being used, the equipment shall be 

deenergized immediately and the 

equipment withdrawn outby the last 

open crosscut. 

(m) Leer Mine 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. The petitioner shall use only the 

CleanSpace EX Power 5 Unit which 

meets lithium battery safety standard 

UL 1642 or IEC 62133 in the CleanSpace 

EX. 

(n) The battery packs shall be 

‘‘changed out’’ in intake air outby the 

last open crosscut. Before each shift 

when the 3M Versaflo TR–800 or 

CleanSpace EX 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. 

(o) 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. Neither 

the 3M TR–830 Battery Pack nor the 

CleanSpace EX Power Unit may 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 CleanSpace EX Power Unit is 

to be charged only by the CleanSpace 

Battery Charger EX, Product Code PAF– 

0066. 

(iv) The batteries shall not be allowed 

to get wet. This does not preclude 

incidental exposure of sealed battery 

packs. 

(v) The batteries shall not be used, 

charged, or stored in 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. 

(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. 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. 

(q) Within 60 days after the PDO 

granted by MSHA becomes final, Leer 

Mine 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 

CleanSpace EX. 

(r) All personnel who will be involved 

with or affected by the use of the 3M 

Versaflo TR–800 or CleanSpace EX 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 can be used in 

return air outby the last open crosscut. 

The operator shall keep a record of such 

training and provide such record to 

MSHA upon request. 

(s) Leer Mine shall provide annual 

retraining to all personnel who will be 

involved with or affected by the use of 

the 3M Versaflo TR–800 or CleanSpace 

EX 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) Leer Mine 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 ACI Tygart Vally, Leer Mine. 

A copy of this petition has been posted 

on the bulletin board as of September 4, 

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. 2024–26441 Filed 11–13–24; 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 Buchanan 

Minerals, LLC. 


ddrumheller on DSK120RN23PROD with NOTICES1