Petitions for Modification of Application of Existing Mandatory Safety Standards, 33773-33779 [2021-13544]
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
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.
I. Background
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
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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.
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SUMMARY:
VerDate Sep<11>2014
18:38 Jun 24, 2021
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.
Jkt 253001
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).
PO 00000
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Fmt 4703
Sfmt 4703
33773
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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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
(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.
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18:38 Jun 24, 2021
Jkt 253001
(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
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Frm 00142
Fmt 4703
Sfmt 4703
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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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.
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20:00 Jun 24, 2021
Jkt 253001
(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.
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
33775
(b) 3M elected to discontinue the 3M
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
TM
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≤ 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
VerDate Sep<11>2014
20:00 Jun 24, 2021
Jkt 253001
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
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
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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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
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18:38 Jun 24, 2021
Jkt 253001
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
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33777
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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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:
VerDate Sep<11>2014
18:38 Jun 24, 2021
Jkt 253001
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
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Sfmt 4703
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
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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
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18:38 Jun 24, 2021
Jkt 253001
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
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
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 https://
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 https://
www.regulations.gov. Documents in the
docket are listed in the https://
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
SUMMARY:
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33779
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
E:\FR\FM\25JNN1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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: [email protected]. 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),
[email protected] (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 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 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 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 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 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
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
[[Page 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 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 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 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 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 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
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
[[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 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 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 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 [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 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.
[[Page 33778]]
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 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
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
[[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 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
