Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 33773 

indicating such abuse and diversion, 

and continue to maintain a controlled 

substances registration in spite of the 

violations and without accepting 

responsibility. Further, there is simply 

no evidence that Respondent’s egregious 

behavior is not likely to recur in the 

future such that I can entrust her with 

a DEA registration; In other words, the 

factors weigh in favor of revocation as 

a sanction. 

I will therefore order that 

Respondent’s registrations be revoked as 

contained in the Order below. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

824(a), I hereby revoke DEA Certificate 

of Registration Nos. BH3877733, 

FH2922119, FH2922121, FH2922133, 

FH2922157, and FH2922169 issued to 

Carol Hippenmeyer, M.D. Further, 

pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

823(f), I hereby deny any pending 

application of Carol Hippenmeyer, M.D. 

to renew or modify these registrations, 

as well as any other application of Carol 

Hippenmeyer, M.D., for additional 

registrations in Arizona. This Order is 

effective July 26, 2021. 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–13526 Filed 6–24–21; 8:45 am] 

BILLING CODE 4410–09–P 

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. 

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: zzMSHAcomments@dol.gov. 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), Senk.Jessica@dol.gov 

(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 3MTM

VersafloTM 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 

3MTM AirstreamTM 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 

3MTM AirstreamTM helmet, replacing it 

with a 3MTM VersafloTM 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 3MTM

AirstreamTM 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 AirstreamTM product 

line that created issues with providing 

acceptable supply service levels. 

Because of those issues, 3M 

discontinued the AirstreamTM 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 

AirstreamTM 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 

AirstreamTM do not have an MSHAapproved 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. 


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(h) The 3MTM VersafloTM 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 3MTM VersafloTM 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 ATEXcertified 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°C Da, ¥20 

°C ≤ Ta ≤ +55 °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 3MTM

VersafloTM TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3MTM VersafloTM 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 3MTM VersafloTM

TR–800 and the CleanSpace EX in 

accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3MTM VersafloTM TR–800 

nor the CleanSpace EX is approved 

under 30 CFR part 18 and must 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 

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 3MTM

VersafloTM 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 3MTM VersafloTM TR–800 

and the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3MTM VersafloTM 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 3MTM

VersafloTM 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 

3MTM VersafloTM 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 3MTM VersafloTM 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 3MTM

VersafloTM 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 3MTM VersafloTM

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 3MTM VersafloTM 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 3MTM VersafloTM

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 

3MTM TR–830 Battery Pack, which 

meets lithium battery safety standard 

UL 1642 or IEC 62133 in the 3MTM

VersafloTM 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 3MTM VersafloTM 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 3MTM TR–830 Battery Pack nor the 

CleanSpace EX Power Unit may be 


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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 33775 

disassembled or modified by anyone 

other than persons permitted by the 

manufacturer of the equipment. 

ii. The 3MTM 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 3MTM TR–830 Battery 

Pack is to be charged by either: 

a. 3MTM Battery Charger Kit TR–641N, 

which includes one 3MTM Charger 

Cradle TR–640 and one 3MTM Power 

Supply TR–941N, or 

b. 3MTM 4-Station Battery Charger Kit 

TR–644N, which includes four 3MTM

Charger Cradles TR–640 and one 3MTM

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 3MTM VersafloTM 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 

3MTM VersafloTM 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 3MTM VersafloTM TR–800 

or CleanSpace EX. 

(r) All personnel who will be involved 

with or affected by the use of the 3MTM

VersafloTM 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 3MTM VersafloTM

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 3MTM VersafloTM 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 3MTM VersafloTM 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 

3MTM AirstreamTM 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 TM AirstreamTM helmet, replacing it 

with a 3MTM VersafloTM 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 3MTM

AirstreamTM 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 AirstreamTM product 

line that created issues with providing 

acceptable supply service levels. 

Because of those issues, 3M 

discontinued the AirstreamTM 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 

AirstreamTM 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 

AirstreamTM do not have an MSHAapproved 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 3MTM VersafloTM 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 3MTM VersafloTM 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 ATEXcertified 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°C Da, ¥20°C 


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33776 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 

≤ Ta ≤ +55 °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 3MTM

VersafloTM TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3MTM VersafloTM 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 3MTM VersafloTM

TR–800 and the CleanSpace EX in 

accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3MTM VersafloTM TR–800 

nor the CleanSpace EX is approved 

under 30 CFR part 18 and must 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 

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 3MTM

VersafloTM 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 3MTM VersafloTM TR–800 

and the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3MTM VersafloTM 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 TMVersafloTM 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 

3MTM VersafloTM 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 3MTM VersafloTM 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 3MTM

VersafloTM 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 3MTM VersafloTM

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 3MTM VersafloTM 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 3MTM VersafloTM

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 

3MTM TR–830 Battery Pack, which 

meets lithium battery safety standard 

UL 1642 or IEC 62133, in the 3MTM

VersafloTM 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 3MTM VersafloTM 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 3MTM 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 3MTM 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 3MTM TR–830 Battery 

Pack is to be charged by either: 

a. 3MTM Battery Charger Kit TR–641N, 

which includes one 3MTM Charger 

Cradle TR–640 and one 3MTM Power 

Supply TR–941N, or 

b. 3MTM 4-Station Battery Charger Kit 

TR–644N, which includes four 3MTM

Charger Cradles TR–640 and one 3MTM

4-Station Battery Charger Base/Power 

Supply TR–944N. 

iii. The CleanSpace EX Power Unit is 

to be charged only by the CleanSpace 


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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 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 3MTM VersafloTM 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 

3MTM VersafloTM 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 3MTM VersafloTM TR–800 

or CleanSpace EX. 

(r) All personnel who will be involved 

with or affected by the use of the 3MTM

VersafloTM 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 3MTM VersafloTM

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 3MTM VersafloTM 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 3MTM VersafloTM 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 

3MTM AirstreamTM 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 

3MTM AirstreamTM helmet, replacing it 

with a 3MTM VersafloTM 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 3MTM

AirstreamTM 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 AirstreamTM 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 

AirstreamTM 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 

AirstreamTM do not have an MSHAapproved 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 3MTM VersafloTM 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 

3MTM VersafloTM 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 °C Da, ¥20 °C ≤ Ta ≤ +55 °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 3MTM

VersafloTM TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3MTM VersafloTM 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. 


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33778 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 

The petitioner proposes the following 

alternative method: 

(a) Affected mine employees must be 

trained in the proper use and 

maintenance of the 3MTM VersafloTM

TR–800 and the CleanSpace EX PAPRs 

in accordance with established 

manufacturer guidelines. This training 

shall alert the affected employee that 

neither the 3MTM VersafloTM TR–800 

nor the CleanSpace EX is approved 

under 30 CFR part 18 and must 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 

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 3MTM

VersafloTM 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 3MTM VersafloTM TR–800 

F and the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3MTM VersafloTM 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 3MTM

VersafloTM 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 

3MTM VersafloTM 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 VersafloTM 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 3MTM

VersafloTM 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 3MTM VersafloTM

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 3MTM VersafloTM 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 3MTM VersafloTM

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 

3MTM TR–830 Battery Pack, which 

meets lithium battery safety standard 

UL 1642 or IEC 62133, in the 3MTM

VersafloTM 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 3MTM VersafloTM 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 3MTM 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 3MTM 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 3MTM TR–830 Battery 

Pack is to be charged by either: 

a. 3MTM Battery Charger Kit TR–641N, 

which includes one 3MTM Charger 

Cradle TR–640 and one 3MTM Power 

Supply TR–941N, or, 

b. 3MTM 4-Station Battery Charger Kit 

TR–644N, which includes four 3MTM

Charger Cradles TR–640 and one 3MTM

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 3MTM VersafloTM TR–800 and 

CleanSpace EX PAPRs shall be properly 

trained to recognize the hazards and 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 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 

3MTM VersafloTM 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 3MTM VersafloTM TR–800 

or CleanSpace EX PAPR. 

(r) All personnel who will be involved 

with or affected by the use of the 3MTM

VersafloTM 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 3MTM VersafloTM

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 3MTM VersafloTM 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 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0042] 

TUV Rheinland of North America, Inc.: 

Application for Expansion of 

Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: In this notice, OSHA 

announces the application of TUV 

Rheinland of North America, Inc., for 

expansion of the scope of recognition as 

a Nationally Recognized Testing 

Laboratory (NRTL) and presents the 

agency’s preliminary finding to grant 

the application. 

DATES: Submit comments, information, 

and documents in response to this 

notice, or requests for an extension of 

time to make a submission, on or before 

July 12, 2021. 

ADDRESSES: Comments may be 

submitted as follows: 

Electronically: Submit comments and 

attachments electronically at http://

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for making 

electronic submissions. 

Docket: To read or download 

comments or other material in the 

docket, go to http://

www.regulations.gov. Documents in the 

docket are listed in the http://

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the website. 

All submissions, including copyrighted 

material, are available for inspection 

through the OSHA Docket Office. 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions. 

Instructions: All submissions must 

include the agency name and the OSHA 

docket number for this Federal Register 

notice (OSHA–2007–0042). OSHA will 

place comments and requests to speak, 

including personal information, in the 

public docket, which may be available 

online. Therefore, OSHA cautions 

interested parties about submitting 

personal information such as Social 

Security numbers and birthdates. For 

further information on submitting 

comments, see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

Extension of comment period: Submit 

requests for an extension of the 

comment period on or before July 12, 

2021 to the Office of Technical 

Programs and Coordination Activities, 

Directorate of Technical Support and 

Emergency Management, Occupational 

Safety and Health Administration, U.S. 

Department of Labor. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding this notice is 

available from the following sources: 

Press inquiries: Contact Mr. Frank 

Meilinger, Director, OSHA Office of 

Communications, U.S. Department of 

Labor, telephone: (202) 693–1999; 

email: meilinger.francis2@dol.gov. 

General and technical information: 

Contact Mr. Kevin Robinson, Director, 

Office of Technical Programs and 

Coordination Activities, Directorate of 

Technical Support and Emergency 

Management, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, phone: (202) 693–2110 or 

email: robinson.kevin@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for 

Expansion 

OSHA is providing notice that TUV 

Rheinland of North America, Inc. 

(TUVRNA), is applying for an expansion 

of current recognition as a NRTL. 

TUVRNA requests the addition of four 

test standards to the NRTL scope of 

recognition. 

OSHA recognition of a NRTL signifies 

that the organization meets the 

requirements specified in 29 CFR 

1910.7. Recognition is an 

acknowledgment that the organization 

can perform independent safety testing 

and certification of the specific products 

covered within the scope of recognition. 

Each NRTL’s scope of recognition 

includes (1) the type of products the 

NRTL may test, with each type specified 

by the applicable test standard and (2) 

the recognized site(s) that has/have the 

technical capability to perform the 

product-testing and productcertification activities for test standards 

within the NRTL’s scope. Recognition is 

not a delegation or grant of government 

authority; however, recognition enables 

employers to use products approved by 

the NRTL to meet OSHA standards that 

require product testing and certification. 

The agency processes applications by 

a NRTL for initial recognition and for an 


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