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[Federal Register Volume 90, Number 15 (Friday, January 24, 2025)]
[Notices]
[Pages 8161-8162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01648]

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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 Canyon 
Fuel Company, LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before February 24, 
2025.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0012 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2025-0012.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, Room C3522, 200 Constitution Ave. NW, 
Washington, DC 20210.
    Attention: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances. Persons delivering documents are required 
to check in at the receptionist's desk. 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-2025-010-C.
    Petitioner: Canyon Fuel Company, LLC, 597 South SR 24, Salina, Utah 
84654.
    Mine: Sufco Mine, MSHA ID No. 42-00089, located in Sevier County, 
Utah.
    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 an alternate method of compliance for 
respiratory protection. Specifically, the petitioner proposes to use 
the Drager X-plore 8000 powered air purifying respirator (PAPR) to 
protect miners from potential exposure to respirable dust during normal 
mining conditions, in or inby the last open crosscut.
    The petitioner states that:
    (a) Sufco Mine is proposing to use the Drager X-plore 8000 PAPR in 
conjunction with the 3M Versa Flo units that have been approved for 
use. The 3M Versa Flo unit is highly used in the medical field which 
causes shortage and backorders of filters and other parts of the unit. 
Sufco feels that the Drager PAPR would help relieve the issues of 
storages and backorders for the 3M Versa Flo unit filters and other 
parts, and so that miners will still be provided a method that provides 
a direct reduction of miners' exposure to respirable dust, thus 
reducing their health risks.
    (b) The Drager X-plore 8000 PAPR provides a constant flow of 
filtered air to the miners, which provides a direct reduction of 
miners' exposure to respirable dust, thus reducing their

[[Page 8162]]

health risks. There are no other MSHA-approved units.
    (c) The Drager X-plore 8000 PAPRs are ergonomically designed for 
greater movement in tight workspaces. This respirator has the following 
features: helps protect against certain airborne contaminates; is easy 
to use and maintain; has interchangeable components, which will enable 
Sufco to customize the PAPR system to help meet the needs of our 
specific application; is intrinsically safe; has audible and visual 
alarms; has a multi-speed blower; and the battery offers long run time 
and charges quickly.
    (d) The Drager X-plore 8000 is intrinsically safe and certified by 
UL under the ANSI/UL 60079-11:13 standard to be used in hazardous 
locations.
    (e) The alternative method will provide no less than the same 
measure of protection afforded the miners under the existing standard.
    The petitioner proposes the following alternative method:
    (a) The batteries for the PAPRs shall be charged outby the last 
open crosscut when not in operation.
    (b) The batteries shall be charged by the following products: 
Drager battery Charger for the X-plore 8000 standard charger.
    (c) The Drager X-plore 8000 PAPR shall only use the Drager X-plore 
8700 battery.
    (d) Affected miners shall be trained in the proper use and care of 
the PAPR units in accordance with manufacturers' instructions.
    (e) The instrument shall be checked for physical damage and the 
integrity of the case.
    (f) If methane is detected in concentrations of 1.0 percent or 
more, procedures in accordance with 30 CFR 75.323 shall be followed.
    (g) There are no representatives of miners at Canyon Fuel Company, 
LLC, Sufco Mine. A copy of this petition has been posted on the 
bulletin board on December 29, 2024.
    In support of the proposed alternative method, the petitioner has 
also submitted manufacturer spec sheets for the Drager X-plore PAPR and 
certificates of compliance from CSAGroup.
    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. 2025-01648 Filed 1-23-25; 8:45 am]
BILLING CODE 4520-43-P
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