99284 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that the agency 

receives on or before January 9, 2025. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Michael Howell by telephone at 202– 

693–6782, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: MSHA 

requires mine operators to provide 

important safety and health protections 

to underground coal miners who work 

on and around diesel-powered 

equipment. The engines powering diesel 

equipment are potential contributors to 

fires and explosion hazards in the 

confined environment of an 

underground coal mine where 

combustible coal dust and explosive 

methane gas are present. Diesel 

equipment operating in underground 

coal mines also can pose serious health 

risks to miners from exposure to diesel 

exhaust emissions, including diesel 

particulates, oxides of nitrogen, and 

carbon monoxide. Diesel exhaust is a 

lung carcinogen in animals. 

This information collection includes 

maintenance and use of diesel 

equipment; tests and maintenance of 

fire suppression systems on both the 

equipment and at fueling stations; and 

exhaust gas sampling. 

Records are required to document that 

essential testing and maintenance of 

diesel-powered equipment are 

conducted regularly by qualified 

persons; that corrective actions are 

taken; and the persons performing the 

maintenance, repairs, examinations, and 

tests are trained and qualified to 

perform such tasks. 

Safety requirements for diesel 

equipment include many of the proven 

features required in existing standards 

for electric-powered mobile equipment, 

such as cabs or canopies, methane 

monitors, brakes and lights. Sampling of 

diesel exhaust emissions is required to 

protect miners from overexposure to 

carbon monoxide and nitrogen dioxide 

contained in diesel exhaust. 

Information collection requirements 

are found in: section 75.1901(a), Diesel 

fuel requirements; section 

75.1904(b)(4)(i), Underground diesel 

fuel tanks and safety cans; Section 

75.1906(d), Transport of diesel fuel; 

section 75.1911(j), Fire suppression 

systems for diesel-powered equipment 

and fuel transportation units; section 

75.1912(i), Fire suppression systems for 

permanent underground diesel fuel 

storage facilities; sections 75.1914(f)(2), 

(g), (h)(1), and (h)(2), Maintenance of 

diesel-powered equipment; sections 

75.1915(b)(5), (c)(1), and (c)(2), Training 

and qualification of persons working on 

diesel-powered equipment. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

August 26, 2024 (89 FR 68471). 

Comments are invited on: (1) whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(4) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless the OMB 

approves it and displays a currently 

valid OMB Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

Agency: DOL–MSHA. 

Title of Collection: Diesel-Powered 

Equipment in Underground Coal Mines. 

OMB Control Number: 1219–0119. 

Affected Public: Businesses or other 

for-profits. 

Number of Respondents: 161. 

Frequency: On occasion. 

Number of Responses: 218,811. 

Annual Burden Hours: 17,673 hours. 

Total Estimated Annual Other Costs 

Burden: $398,170. 

(Authority: 44 U.S.C. 3507(a)(1)(D)) 

Michael Howell, 

Senior Paperwork Reduction Act Analyst. 

[FR Doc. 2024–28888 Filed 12–9–24; 8:45 am] 

BILLING CODE 4510–43–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 Consol 

Pennsylvania Coal Company, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 9, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0080 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0080. 

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, 4th Floor West, 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: 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 99285 

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–2024–055–C. 

Petitioner: Consol Pennsylvania Coal 

Company, LLC, 275 Technology Drive, 

Suite 101, Canonsburg, PA 15317. 

Mine: Bailey Mine, MSHA ID No. 36– 

07230, located in Greene County, 

Pennsylvania. 

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) as it pertains to use of 

battery-powered vibration analyzers and 

data collectors. Specifically, the 

petitioner is requesting to permit the use 

of battery-powered non-permissible 

SCOUT 140EX and 100EX vibration 

analyzers and the vb7 Portable Data 

Collector, Analyzer and Balancer in the 

return air outby the last open crosscut. 

The petitioner states that: 

(a) The petitioner is requesting to 

utilize the SCOUT 140EX and 100EX 

vibration analyzers and the vb7 Portable 

Data Collector, Analyzer and Balancer 

in the return air outby the last open 

crosscut. 

(b) In approximately 2021, the SKF 

Microlog Analyzer CMXA 51, which 

was certified and approved by the U.S. 

Department of Labor’s Mine Safety and 

Health Administration (‘‘MSHA’’) for 

use in hazardous ‘‘gassy’’ areas of all 

mine operations in the United States, 

was discontinued and is no longer 

available for purchase. An email from 

SKF Technical Support states that the 

CMXA–51–MSHA Microlog has been 

discontinued and is no longer available 

for purchase. 

(c) Currently, there is no other MSHA 

approved vibration analyzer and data 

collector still in production. Thus, there 

are no new MSHA approved vibration 

analyzers and data collectors that are 

available for purchase. 

(d) Currently, there is no other MSHA 

approved vibration analyzer and data 

collector that is still in production. 

(e) The SCOUT100EX Vibration Data 

Collector, Analyzer and Balancer is a 

portable hardware monitoring device 

that supports dual-channel vibration 

data collection, analysis, and balancing. 

The device can be used to collect data 

from sensors on a route, for machineside analysis and diagnosis, and on-site 

dynamic balance correction. The 

SCOUT100EX is ATEX Zone 2 and 

IECEx Zone 2 compliant and safe for 

hazardous areas. 

(f) The SCOUT140EX Vibration Data 

Collector, Analyzer and Balancer is a 

portable hardware monitoring device 

that supports four-channel vibration 

data collection, analysis, and balancing. 

The device can be used to collect data 

from sensors on a route, for machineside analysis and diagnosis, and on-site 

dynamic balance correction. The 

SCOUT100EX is ATEX Zone 2 and 

IECEx Zone 2 compliant and safe for 

hazardous areas. 

(g) The vb7 Portable Data Collector, 

Analyzer and Balancer instrument is a 

dual channel vibration data collector, 

analyzer and balancer. The device can 

be used for on-route and off-route data 

collection, machine-side analysis and 

diagnosis as well as on-site dynamic 

balance correction. The vb7 Portable 

Data Collector, Analyzer and Balancer is 

certified for Class 1 Division 2 

hazardous areas. 

(h) The SCOUT100EX, SCOUT140EX, 

and vb7 are certified for Class 1 Division 

2 hazardous areas, and are IP-rated in 

North America as ATEX Zone 2 and 

internationally IECEx Zone 2, compliant 

and safe for use in hazardous areas. 

(i) Consol shall use these devices to 

collect data from sensors on a route, for 

machine-side analysis and diagnosis, 

and on-site dynamic balance correction. 

Primarily, equipment contractors at 

Consol shall use these analyzers to take 

vibration readings on the shearing 

machine to predict and prevent gearing/ 

motor failures while on the longwall 

face. A failure of a major component on 

the longwall face potentially poses 

many risks to miners when that 

particular component has to be changed 

out on the face. 

(j) Some equipment manufacturers 

have historically had gearing issues 

with their shearer ranging arms on the 

shearing machines as well as cutter 

head gearboxes on their continuous 

miners and these components are very 

large and heavy. 

(k) Consol relies on vibration 

collection to predict impending failures 

and successfully change individual 

parts and components before a 

catastrophic failure resulting in 

changing the entire ranging arm or 

cutter head gearcase. 

(l) The SCOUT 140EX, 100EX, and 

vb7 shall be used by trained personnel 

from Consol or the vendor to take 

readings while running the associated 

motor or gearbox being tested. The 

shearing machine shall be out of service 

from production during the vibration 

collection. 

(m) In addition, SCOUT 140EX, 

100EX, and vb7 may be part of the 

weekly inspection of the shearing 

machines by the manufacturer 

representative or by Consol’s mine 

maintenance staff. Regardless, the 

shearing machine shall not be 

producing coal or moving while in use 

unless it has to be trammed to take 

readings on the haulage/tram gearbox. 

Regardless, the machines shall not be 

cutting coal at the time of use. 

(n) Currently, SCOUT 140EX, 100EX, 

and vb7 are the only analyzers Consol 

has found to replace the older versions 

and the SKF versions, which are no 

longer manufactured and available for 

purchase. However, the SCOUT 140EX, 

100EX, and vb7 are not approved under 

the applicable MSHA standards for 

permissibility. 

(o) Electronic equipment used in 

underground mines in potentially 

explosive atmospheres is required to be 

approved by MSHA per 30 CFR. Bently 

Nevada and other manufacturers do 

offer alternative products for many other 

environments and applications. 

(p) Given the benefits of the use of 

vibration analyzers, the application of 

the standard results in a diminution of 

safety at the mine. Consol petitions to 

permit the use of a SCOUT100EX, 

SCOUT140EX, and vb7 Vibration Data 

Collectors, Analyzers and Balancers. 

(q) The SCOUT100EX, SCOUT140EX, 

and vb7 Portable Intrinsically Safe 

Vibration Data Collector, Analyzer and 

Balancer batteries qualify as 

intrinsically safe in the U.S., Canada, 

and any other country accepting IECEx 

reports. IECEx is the International 

Electrotechnical Commissions System 

for Certification to Standards Relating to 

Equipment for Use in Explosive 

Atmosphere. 

(r) The vibration analyzers have 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). ATEXcertified with an intrinsically safe (IS) 

rating of ‘‘ia’’ 

(s) Consol recognizes that (NIOSH) 

researchers have conducted studies on 

intrinsically safe (IS) equipment and 

believe that the International 

Electrotechnical Commission (IEC) 

document 60079–11, or the American 

National Standards Institute (ANSI)/ 

International Society (ISA) document 

60079–11 for two-fault equipment 

(marked as ia), would provide an 

equivalent level of safety as MSHAapproved equipment. 


khammond on DSK9W7S144PROD with NOTICES
99286 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 

(t) Consol also recognizes that MSHA 

does not consider all equipment that 

meets the 60079–11 standard as 

equivalent to MSHA approval at this 

time. However, MSHA also recognizes 

that use of equipment meeting the 

60079–11 standard for two-fault 

equipment (and even, to a lesser extent, 

equipment meeting one-fault (marked as 

ib) or no-fault (marked as ic) standards) 

provides a level of safety that is not 

provided by equipment that does not 

meet the IEC/ANSI/ISA standards. 

(u) The battery is a Custom Lithium 

Ion Pack, 7.4V, 5000 mAh. There is 

internal charging with an external 

power pack 12V DC, 3A output. 

(v) The standards for approval of 

these Vibration Data Collectors, 

Analyzers and Balancers are an 

acceptable alternative to MSHA’s 

standards and provide an equivalent 

level of protection. 

(w) The alternate method proposed by 

the Petitioner will at all times guarantee 

no less than the same measure of 

protection afforded the miners under 

the mandatory standard. 

The petitioner proposes the following 

alternative method: 

(a) The operator shall permit the use 

of the following Vibration Data 

Collectors, Analyzers and Balancers if 

they have an IP rating of 66 or greater 

in or inby the last open crosscut, in the 

return, or within 150 feet of pillar 

workings or longwall faces, subject to 

the conditions of the proposed decision 

and order (PDO) granted by MSHA: 

SCOUT100EX, SCOUT140EX, and vb7 

are certified for Class 1 Division 2 

hazardous areas, and are IP-rated in 

North America as ATEX Zone 2. 

(b) All non-permissible Vibration Data 

Collectors, Analyzers and Balancers to 

be used in or inby the last open 

crosscut, in the return, or within 150 

feet of pillar workings or longwall faces 

shall be examined by the person to 

operate the equipment prior to taking 

the equipment underground to ensure 

the equipment is being maintained in a 

safe operating condition. These 

examinations shall include: 

(1) Check the instrument for any 

physical damage and the integrity of the 

case; 

(2) Check the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

(c) The equipment shall be examined 

at least weekly by a qualified person as 

defined in 30 CFR 75.153. 

(d) The operator shall ensure that any 

repairs or servicing for all nonpermissible Vibration Data Collectors, 

Analyzers and Balancers will be done 

by the manufacturer. 

(e) The non-permissible Vibration 

Data Collectors, Analyzers and 

Balancers that will be used in or inby 

the last open crosscut, in the return, or 

within 150 feet of pillar workings or 

longwall faces 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. 

(f) Non-permissible Vibration Data 

Collectors, Analyzers and Balancers 

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 nonpermissible surveying equipment is 

being used, the equipment shall be deenergized immediately and the nonpermissible electronic equipment 

withdrawn outby the last open crosscut 

or out of the return. Prior to entering in 

or inby the last open crosscut, or within 

150 feet of pillar workings or longwall 

faces, all requirements of 30 CFR 75.323 

shall be complied with. 

(g) 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. 

(h) Prior to energizing any of the nonpermissible Vibration Data Collectors, 

Analyzers and Balancers in or inby the 

last open crosscut or in the return, or 

within 150 feet of pillar workings or 

longwall faces, methane tests shall be 

made in accordance with 30 CFR 

75.323(a). 

(i) All areas where Vibration Data 

Collectors, Analyzers and Balancers are 

to be used shall be pre-shifted according 

to 30 CFR 75.360. If the area was not 

pre-shifted, a supplemental examination 

according to 30 CFR 75.361 shall be 

performed before any non-certified 

person enters the area. If the area has 

been examined according to 30 CFR 

75.360 or 30 CFR 75.361, additional 

examination is not required. 

(j) A qualified person as defined in 

existing 30 CFR 75.151 shall 

continuously monitor for methane 

immediately before and during the use 

of non-permissible Vibration Data 

Collectors, Analyzers and Balancers in 

or inby the last open crosscut or in the 

return. 

(k) Batteries contained in the 

Vibration Data Collectors, Analyzers 

and Balancers shall be ‘‘charged’’ in 

intake air outby the last open crosscut 

and out of the return. Before each shift 

requiring the use of Vibration Data 

Collectors, Analyzers and Balancers all 

batteries for the Vibration Data 

Collectors, Analyzers and Balancers 

shall be charged sufficiently that they 

are not expected to be charged on that 

shift. 

(l) When using non-permissible 

Vibration Data Collectors, Analyzers 

and Balancers in or inby the last open 

crosscut or in the return, or within 150 

feet of pillar workings or longwall faces, 

the operator shall confirm by 

measurement or by inquiry of the 

person in charge of the section, that the 

air quantity on the section, on that shift, 

in the last open crosscut is at least the 

minimum quantity that is required by 

the mine’s ventilation plan. 

(m) Personnel engaged in the use of 

Vibration Data Collectors, Analyzers 

and Balancers shall be properly trained 

to recognize the hazards and limitations 

associated with the use of such 

equipment in areas where methane 

could be present. 

(n) All persons who use Vibration 

Data Collectors, Analyzers and 

Balancers shall receive specific training 

on the terms and conditions of the PDO 

granted by MSHA before using nonpermissible electronic equipment in or 

inby the last open crosscut or in the 

return, or within 150 feet of pillar 

workings or longwall faces. A record of 

the training shall be kept with the other 

training records. 

(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 Coal Mine 

Safety and Health 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 it 

was surveyor training. 

(p) The operator is responsible for 

seeing that all contractors hired by the 

operator are using electronic equipment 

in accordance with the requirements of 

paragraph (s) above. The conditions of 

use in this Petition shall apply to all 

non-permissible Vibration Data 

Collectors, Analyzers and Balancers 

used in or inby the last open crosscut or 

in a return, or within 150 feet of pillar 

workings or longwall faces, regardless of 

whether the equipment is used by the 

operator or by an independent 

contractor. 

(q) The operator shall post the PDO 

granted by MSHA in unobstructed 

locations on the bulletin boards and/or 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 99287 

in other conspicuous places where 

notices to miners are ordinarily posted, 

for a period of not less than 60 

consecutive days and shall remain on 

the mine bulletin board until such time 

as the ruling on the petition becomes 

final. 

(r) There are no representatives of 

miners at the Bailey Mine. A copy of 

this petition has been posted on the 

bulletin board as of September 30, 2024. 

In support of the proposed alternative 

method, the petitioner has also 

submitted: a SCOUT100EX Vibration 

Data Collector, Analyzer and Balancer 

datasheet, a SCOUT140EX Vibration 

Data Collector, Analyzer and Balancer 

datasheet, a vb7 Portable Data Collector, 

Analyzer and Balancer datasheet, and 

email communication from SKF 

Technical Support. 

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. 2024–28885 Filed 12–9–24; 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 Rockwell 

Mining, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 9, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0101 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0101. 

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–2024–076–C. 

Petitioner: Rockwell Mining, LLC, 250 

West Main Street, Suite 2000 Lexington, 

KY 40507. 

Mine: Eagle #3 Mine, MSHA ID No. 

46–09427, located in Wyoming 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 

unapproved Powered Air Purifying 

Respirators (PAPRs) taken into or used 

inby the last open crosscut. Specifically, 

the petitioner is requesting to utilize the 

CleanSpace EX PAPR and sealed motor/ 

blower/battery power pack assembly, 

and the 3M Versaflo TR–800 

Intrinsically Safe PAPR motor/blower 

and battery with battery pack. 

The petitioner states that: 

(a) The 3M Versaflo TR–800 PAPR 

with motor/blower and battery qualifies 

as intrinsically safe. 

(b) The CleanSpace EX PAPR also 

qualifies as intrinsically safe. 

(c) Both the CleanSpace EX and the 

3M Versaflo TR–800 PAPRs provide a 

constant flow of air inside the mask or 

helmet. This airflow provides 

respiratory protection and comfort in 

hot working conditions. 

(d) Neither the 3M Versaflo TR–800 

nor the CleanSpace EX PAPR is MSHAapproved as permissible. 

(e) Neither the 3M nor the CleanSpace 

is pursuing MSHA approval. 

(f) Eagle #3 Mine currently makes 

available to all miners NIOSH-approved 

high efficiency l00 series respirators to 

protect the miners against potential 

exposure to respirable coal mine dust, 

including crystalline silica, during 

normal mining conditions. Eagle #3 

Mine desires to expand the miners’ 

option in choosing a respirator that 

provides the greatest degree of 

protection as well as comfort while 

being worn. Powered PAPRs provide a 

constant flow of filtered air and serve 

that purpose. 

(g) On June 17, 2024, MSHA’s final 

rule Lowering Miners’ Exposure to 

Respirable Crystalline Silica and 

Improving Respiratory Protection took 

effect. The rule requires the mine 

operator to have a written respiratory 

protection program in place when 

miners are required to use respirators. 

Adding the CleanSpace EX and the 3M 

TR–800 Versaflo PAPRs to the 

respiratory protection program as 

additional options will provide the 

miners with alternatives to the series 

100 high efficiency respirators already 

in use at the mine. The PAPRs will also 

serve as a respirator option to protect 

the miners with facial hair who may not 

be able to pass the ‘‘fit test’’ requirement 

of the program. In addition, the positive 

flow of filtered air provided by the 

PAPRs will provide a solution for the 

miners who are unable to wear a tightfitting respirator. 

(h) Since the 3M Airstream HeadgearMounted PAPR System has been 

discontinued by the manufacturer, there 

are no other MSHA-approved units 

available that can be taken into or used 

inby the last open crosscut. 

(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: 


khammond on DSK9W7S144PROD with NOTICES