[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33773-33779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13544]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions 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 includes the summaries of three petitions for 
modification submitted to the Mine Safety and Health Administration 
(MSHA) by the party listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before July 26, 2021.

ADDRESSES: You may submit your comments including the docket number of 
the petition by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#e89292a5bba0a9c58b8785858d869c9ba88c8784c68f879e"><span class="__cf_email__" data-cfemail="740e0e39273c3559171b1919111a000734101b185a131b02">[email protected]</span></a>. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Jessica Senk, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition and comments 
during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
<a href="/cdn-cgi/l/email-protection#84d7e1eaefaacee1f7f7ede7e5c4e0ebe8aae3ebf2"><span class="__cf_email__" data-cfemail="4310262d286d092630302a202203272c2f6d242c35">[email protected]</span></a> (email), or 202-693-9441 (facsimile). [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. Petitions for Modification

    Docket Number: M-2021-016-C.
    Petitioner: Consol Pennsylvania Coal Company LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania (ZIP 15317).
    Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.507-1(a), as it relates to the use of an 
alternative method of respirable dust protection for miners at the 
Itmann No. 5 Mine in West Virginia. Specifically, the petitioner is 
applying to use the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 
Intrinsically Safe Powered Air Purifying Respirator (PAPR) and the 
CleanSpace EX in return air outby the last open crosscut.
    The petitioner states that:
    (a) Currently the petitioner uses the 3M<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> helmet 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.
    (b) 3M elected to discontinue the 3M<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> helmet, replacing it with a 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> Headgear-Mounted PAPR System 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 had faced multiple key 
component supply disruptions for the Airstream<SUP>TM</SUP> product 
line that created issues with providing acceptable supply service 
levels. Because of those issues, 3M discontinued the 
Airstream<SUP>TM</SUP> in June 2020, and this discontinuation is 
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<SUP>TM</SUP> 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 is 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<SUP>TM</SUP> do not have an MSHA-approved alternative PAPR to 
provide to miners. 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.
    (g) Application of the standard results in a diminution of safety 
at the mine.

[[Page 33774]]

    (h) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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 atmospheres.) It is rated and 
marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135[deg]C Da, -20 
[deg]C <= Ta <= +55 [deg]C, under the current standard (IEC 60079).
    (i) The petitioner requests a modification to also permit the use 
of CleanSpace EX powered respirator under the same conditions as it 
proposed with respect to the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-
800. It too has been determined to be intrinsically safe.
    (j) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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.
    The petitioner proposes the following alternative method:
    (a) Affected mine employees must be trained in the proper use and 
maintenance of the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and the 
CleanSpace EX in accordance with established manufacturer guidelines. 
This training shall alert the affected employee that neither the 
3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 nor the CleanSpace EX is 
approved under 30 CFR part 18 and must be de-energized when 1.0 or more 
percent methane is detected. The training shall also include the proper 
method to de-energize these PAPRs. In addition to manufacturer 
guidelines, the petitioner will 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 PAPRs, battery packs, and all associated wiring and 
connections must 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 must be removed from service.
    (c) The operator will maintain a separate logbook for the 
3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800 and the ``blocked filter'' alarm on the CleanSpace EX. 
Examination entries may be expunged after one year.
    (d) All 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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 will 
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.
    (e) The examination for the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800 shall include:
    i. Check the equipment for any physical damage and the integrity of 
the case;
    ii. Remove the battery and inspect for corrosion;
    iii. Inspect the contact points to ensure a secure connection to 
the battery;
    iv. Reinsert the battery and power up and shut down to ensure 
proper connections;
    v. Check the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    vi. 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 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) The operator is to ensure that all 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 and CleanSpace EX PAPRs are serviced 
according to the manufacturer's recommendations. Dates of service will 
be recorded in the equipment's log book and shall include a description 
of the work performed.
    (h) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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 Decision and Order.
    (i) Prior to energizing the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800 or the CleanSpace EX in the return air outby the last open 
crosscut, methane tests must 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 must 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized 
immediately and the equipment withdrawn outby the last open crosscut.
    (m) The petitioner will use only the 3M<SUP>TM</SUP> TR-830 Battery 
Pack, which meets lithium battery safety standard UL 1642 or IEC 62133 
in the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800. The petitioner 
will use only the CleanSpace EX Power Unit which meets lithium battery 
safety standard UL 1642 or IEC 62133 in the CleanSpace EX.
    (n) The battery packs must be ``changed out'' in intake air outby 
the last open crosscut. Before each shift when the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX is to be used, all 
batteries and power units for the equipment must 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:
    i. Always correctly use and maintain the lithium-ion battery packs. 
Neither the 3M<SUP>TM</SUP> TR-830 Battery Pack nor the CleanSpace EX 
Power Unit may be

[[Page 33775]]

disassembled or modified by anyone other than persons permitted by the 
manufacturer of the equipment.
    ii. The 3M<SUP>TM</SUP> TR-830 Battery Pack must only be charged in 
an area free of combustible material, readily monitored, and located on 
the surface of the mine. The 3M<SUP>TM</SUP> TR-830 Battery Pack is to 
be charged by either:
    a. 3M<SUP>TM</SUP> Battery Charger Kit TR-641N, which includes one 
3M<SUP>TM</SUP> Charger Cradle TR-640 and one 3M<SUP>TM</SUP> Power 
Supply TR-941N, or
    b. 3M<SUP>TM</SUP> 4-Station Battery Charger Kit TR-644N, which 
includes four 3M<SUP>TM</SUP> Charger Cradles TR-640 and one 
3M<SUP>TM</SUP> 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 must 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 must not be placed in direct sunlight or used or stored 
near a source of heat.
    (p) Personnel engaged in the use of the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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 Self Contained Self Rescuers (SCSRs) during a mine 
emergency while wearing the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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 Decision and Order 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 Decision and 
Order. When training is conducted on the terms and conditions in the 
Decision and Order, 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX.
    (r) All personnel who will be involved with or affected by the use 
of the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX 
shall receive training in accordance with 30 CFR 48.7 on the 
requirements of the Decision and Order within 60 days of the date the 
Decision and Order becomes final. Such training must be completed 
before any 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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) The operator shall provide annual retraining to all personnel 
who will be involved with or affected by the use of the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX in accordance with 30 CFR 
48.8. The operator shall train new miners on the requirements of the 
Decision and Order in accordance with 30 CFR 48.5 and shall train 
experienced miners on the requirements of the Decision and Order 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 Decision and Order 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.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

    Docket Number: M-2021-017-C.
    Petitioner: Consol Pennsylvania Coal Company LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania (ZIP 15317).
    Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.500(d), as it relates to the use of an 
alternative method of respirable dust protection for miners at the 
Itmann No. 5 Mine in West Virginia. Specifically, the petitioner is 
applying to use the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 
Intrinsically Safe Powered Air Purifying Respirator (PAPR), and the 
CleanSpace EX in or inby the last crosscut.
    The petitioner states that:
    (a) Currently the petitioner uses the 3M<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> helmet 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.
    (b) 3M elected to discontinue the 3M <SUP>TM</SUP> 
Airstream<SUP>TM</SUP> helmet, replacing it with a 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 unit 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<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> Headgear-Mounted PAPR System 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 had faced multiple key 
component supply disruptions for the Airstream<SUP>TM</SUP> product 
line that created issues with providing acceptable supply service 
levels. Because of those issues, 3M discontinued the 
Airstream<SUP>TM</SUP> in June 2020 and this discontinuation is 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<SUP>TM</SUP> 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 is 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<SUP>TM</SUP> do not have an MSHA-approved alternative PAPR to 
provide to miners. 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.
    (g) Application of the standard results in a diminution of safety 
at the mine.
    (h) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 motor/blower 
and battery qualify as intrinsically safe in the US, 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<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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 atmospheres.) It is rated and 
marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135[deg]C Da, -
20[deg]C

[[Page 33776]]

<= Ta <= +55 [deg]C, under the current standard (IEC 60079).
    (i) The petitioner requests a modification to also permit the use 
of CleanSpace EX powered respirator under the same conditions as it 
proposed with respect to the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-
800. It too has been determined to be intrinsically safe.
    (j) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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.
    The petitioner proposes the following alternative method:
    (a) Affected mine employees must be trained in the proper use and 
maintenance of the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and the 
CleanSpace EX in accordance with established manufacturer guidelines. 
This training shall alert the affected employee that neither the 
3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 nor the CleanSpace EX is 
approved under 30 CFR part 18 and must be de-energized when 1.0 or more 
percent methane is detected. The training shall also include the proper 
method to de-energize these PAPRs. In addition to manufacturer 
guidelines, the petitioner will 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 PAPRs, battery packs, and all associated wiring and 
connections must 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 must be removed from service.
    (c) The operator will maintain a separate logbook for the 
3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and the ``blocked filter'' 
alarm on the CleanSpace EX. Examination entries may be expunged after 
one year.
    (d) All 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and CleanSpace 
EX PAPRs to be used inby the last open crosscut shall be physically 
examined prior to initial use, and each unit will 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.
    (e) The examination for the 3M <SUP>TM</SUP>Versaflo<SUP>TM</SUP> 
TR-800I shall include:
    i. Check the equipment for any physical damage and the integrity of 
the case;
    ii. Remove the battery and inspect for corrosion;
    iii. Inspect the contact points to ensure a secure connection to 
the battery;
    iv. Reinsert the battery and power up and shut down to ensure 
proper connections;
    v. Check the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    vi. 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 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) The operator is to ensure that all 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 and CleanSpace EX PAPRs are serviced 
according to the manufacturer's recommendations. Dates of service will 
be recorded in the equipment's log book and shall include a description 
of the work performed.
    (h) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and CleanSpace 
EX PAPRs that will be used inby 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 Decision and 
Order.
    (i) Prior to energizing the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800 or the CleanSpace EX inby the last open crosscut, methane tests 
must 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 must 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX in 
the return air inby the last open crosscut or in areas where methane 
may enter the air current.
    (l) Neither the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized 
immediately and the equipment withdrawn outby the last open crosscut.
    (m) The petitioner will use only the 3M<SUP>TM</SUP> TR-830 Battery 
Pack, which meets lithium battery safety standard UL 1642 or IEC 62133, 
in the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800. The petitioner 
will use only the CleanSpace EX Power Unit which meets lithium battery 
safety standard UL 1642 or IEC 62133 in the CleanSpace EX.
    (n) The battery packs must be ``changed out'' in intake air outby 
the last open crosscut. Before each shift when the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX is to be used, all 
batteries and power units for the equipment must 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:
    i. Always correctly use and maintain the lithium-ion battery packs. 
Neither the 3M<SUP>TM</SUP> 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.
    ii. The 3M<SUP>TM</SUP> TR-830 Battery Pack must only be charged in 
an area free of combustible material, readily monitored, and located on 
the surface of the mine. The 3M<SUP>TM</SUP> TR-830 Battery Pack is to 
be charged by either:
    a. 3M<SUP>TM</SUP> Battery Charger Kit TR-641N, which includes one 
3M<SUP>TM</SUP> Charger Cradle TR-640 and one 3M<SUP>TM</SUP> Power 
Supply TR-941N, or
    b. 3M<SUP>TM</SUP> 4-Station Battery Charger Kit TR-644N, which 
includes four 3M<SUP>TM</SUP> Charger Cradles TR-640 and one 
3M<SUP>TM</SUP> 4-Station Battery Charger Base/Power Supply TR-944N.
    iii. The CleanSpace EX Power Unit is to be charged only by the 
CleanSpace

[[Page 33777]]

Battery Charger EX, Product Code PAF-0066.
    iv. The batteries must 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 must not be placed in direct sunlight or used or stored 
near a source of heat.
    (p) Personnel engaged in the use of the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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 Self Contained Self Rescuers (SCSRs) during a mine 
emergency while wearing the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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 Decision and Order 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 Decision and 
Order. When training is conducted on the terms and conditions in the 
Decision and Order, 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX.
    (r) All personnel who will be involved with or affected by the use 
of the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX 
shall receive training in accordance with 30 CFR 48.7 on the 
requirements of the Decision and Order within 60 days of the date the 
Decision and Order becomes final. Such training must be completed 
before any 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace 
EX can be used 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 involved with or affected by the use of the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX in accordance with 30 CFR 
48.8. The operator shall train new miners on the requirements of the 
Decision and Order in accordance with 30 CFR 48.5 and shall train 
experienced miners on the requirements of the Decision and Order 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 Decision and Order 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.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

    Docket Number: M-2021-018-C.
    Petitioner: Consol Pennsylvania Coal Company LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania (ZIP 15317).
    Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors: permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.1002(a), as it relates to the use of an 
alternative method of respirable dust protection for miners at the 
Itmann No. 5 Mine in West Virginia. Specifically, the petitioner is 
applying to use the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 
Intrinsically Safe Powered Air Purifying Respirator (PAPR) and the 
CleanSpace EX within 150 feet of pillar workings or longwall faces.
    The petitioner states that:
    (a) Currently the petitioner uses the 3M<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> helmet 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.
    (b) 3M elected to discontinue the 3M<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> helmet, replacing it with a 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> 
Airstream<SUP>TM</SUP> Headgear-Mounted PAPR System 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 had faced multiple key 
component supply disruptions for the Airstream product line that have 
created issues with providing acceptable supply service levels. Because 
of those issues, 3M discontinued the Airstream<SUP>TM</SUP> in June 
2020 and this discontinuation is 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<SUP>TM</SUP> components.
    (e) Currently there are no replacement 3M PAPRs that meet MSHA 
standards for permissibility. Electronic equipment used in underground 
mines in potentially explosive atmospheres is 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<SUP>TM</SUP> do not have an MSHA-approved alternative PAPR to 
provide to miners. 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.
    (g) Application of the standard results in a diminution of safety 
at the mine.
    (h) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 motor/blower 
and battery qualify as intrinsically safe in the US, Canada, and any 
other country accepting IECEx (International Electrotechnical 
Commission System for Certification to Standards Relating to Equipment 
for Use in Explosive Atmospheres). The 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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). ATEX-certified 
with an IS rating of ``ia''. (ATEX refers to European directives for 
controlling explosive atmospheres.) It is rated and marked with Ex ia I 
Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135 [deg]C Da, -20 [deg]C <= Ta <= +55 
[deg]C, under the current standard (IEC 60079).
    (i) The petitioner requests a modification to also permit the use 
of CleanSpace EX powered respirator under the same conditions as it 
proposed with respect to the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-
800. It too has been determined to be intrinsically safe.
    (j) The 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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.

[[Page 33778]]

    The petitioner proposes the following alternative method:
    (a) Affected mine employees must be trained in the proper use and 
maintenance of the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and the 
CleanSpace EX PAPRs in accordance with established manufacturer 
guidelines. This training shall alert the affected employee that 
neither the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 nor the 
CleanSpace EX is approved under 30 CFR part 18 and must be de-energized 
when 1.0 or more percent methane is detected. The training shall also 
include the proper method to de-energize these PAPRs. In addition to 
manufacturer guidelines, the petitioner will 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 PAPRs, battery packs, and all associated wiring and 
connections must 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 must be removed from service.
    (c) The operator will maintain a separate logbook for the 
3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800 F and the ``blocked filter'' alarm on the CleanSpace EX. 
Examination entries may be expunged after one year.
    (d) All 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 and CleanSpace 
EX 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 will 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.
    (e) The examination for the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800I shall include:
    i. Check the equipment for any physical damage and the integrity of 
the case;
    ii. Remove the battery and inspect for corrosion;
    iii. Inspect the contact points to ensure a secure connection to 
the battery;
    iv. Reinsert the battery and power up and shut down to ensure 
proper connections;
    v. Check the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    vi. 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 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) The operator is to ensure that all 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 and CleanSpace EX PAPRs are serviced 
according to the manufacturer's recommendations. Dates of service will 
be recorded in the equipment's log book and shall include a description 
of the work performed.
    (h) The 3M Versaflo<SUP>TM</SUP> TR-800 and CleanSpace EX PAPRs 
that will be used on the longwall 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 Decision and Order.
    (i) Prior to energizing the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 
TR-800 or the CleanSpace EX inby the last open crosscut, methane tests 
must 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 must 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX on 
the longwall face or within 150 feet of pillar workings or in areas 
where methane may enter the air current.
    (l) Neither the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized 
immediately and the equipment withdrawn outby the last open crosscut.
    (m) The petitioner will use only the 3M<SUP>TM</SUP> TR-830 Battery 
Pack, which meets lithium battery safety standard UL 1642 or IEC 62133, 
in the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800. The petitioner 
will use only the CleanSpace EX Power Unit which meets lithium battery 
safety standard UL 1642 or IEC 62133 in the CleanSpace EX.
    (n) The battery packs must be ``changed out'' in intake air outby 
the last open crosscut. Before each shift when the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX is to be used, all 
batteries and power units for the equipment must 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:
    i. Always correctly use and maintain the lithium-ion battery packs. 
Neither the 3M<SUP>TM</SUP> 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.
    ii. The 3M<SUP>TM</SUP> TR-830 Battery Pack must only be charged in 
an area free of combustible material, readily monitored, and located on 
the surface of the mine. The 3M<SUP>TM</SUP> TR-830 Battery Pack is to 
be charged by either:
    a. 3M<SUP>TM</SUP> Battery Charger Kit TR-641N, which includes one 
3M<SUP>TM</SUP> Charger Cradle TR-640 and one 3M<SUP>TM</SUP> Power 
Supply TR-941N, or,
    b. 3M<SUP>TM</SUP> 4-Station Battery Charger Kit TR-644N, which 
includes four 3M<SUP>TM</SUP> Charger Cradles TR-640 and one 
3M<SUP>TM</SUP> 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 must 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 must not be placed in direct sunlight or used or stored 
near a source of heat.
    (p) Personnel engaged in the use of the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 and CleanSpace EX PAPRs shall be properly 
trained to recognize the hazards and

[[Page 33779]]

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<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> 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 Decision and Order 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 Decision and 
Order. When training is conducted on the terms and conditions in the 
Decision and Order, 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<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX PAPR.
    (r) All personnel who will be involved with or affected by the use 
of the 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX 
shall receive training in accordance with 30 CFR 48.7 on the 
requirements of the Decision and Order within 60 days of the date the 
Decision and Order becomes final. Such training must be completed 
before any 3M<SUP>TM</SUP> Versaflo<SUP>TM</SUP> TR-800 or CleanSpace 
EX can be used on the longwall face or within 150 feet of pillar 
workings. 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 involved with or affected by the use of the 3M<SUP>TM</SUP> 
Versaflo<SUP>TM</SUP> TR-800 or CleanSpace EX in accordance with 30 CFR 
48.8. The operator shall train new miners on the requirements of the 
Decision and Order in accordance with 30 CFR 48.5 and shall train 
experienced miners on the requirements of the Decision and Order 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 Decision and Order 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.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-13544 Filed 6-24-21; 8:45 am]
BILLING CODE 4520-43-P


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