Petition for Modification of Application of Existing Mandatory Safety Standard, 55724-55726 [2023-17619]
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55724
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Default
Investment Alternatives Under
Participant Directed Individual Account
Plans
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Employee
Benefits Security Administration
(EBSA)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before September 15,
2023.
SUMMARY:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Nicole Bouchet by telephone at 202–
693–0213, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This
information collection requires annual
notices to participants and beneficiaries
whose account assets could be invested
in a ‘‘qualified default investment
alternative’’ (QDIA) and requires plans
to pass any pertinent materials they
receive from a QDIA to those
participants and beneficiaries with
assets invested in the QDIA. This
information collection is necessary to
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inform participants and beneficiaries,
who do not make investment elections,
of the consequences of their failure to
elect investments, the ways in which
their account assets will be invested
through the QDIA, and of their
continuing opportunity to make other
investment elections, including options
available under the plan. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on February 8, 2023
(88 FR 8317).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–EBSA.
Title of Collection: Default Investment
Alternatives under Participant Directed
Individual Account Plans.
OMB Control Number: 1210–0132.
Affected Public: Private Sector—
Businesses or other for-profits; Not-forprofit institutions.
Total Estimated Number of
Respondents: 384,183.
Total Estimated Number of
Responses: 49,546,060.
Total Estimated Annual Time Burden:
87,978 hours.
Total Estimated Annual Other Costs
Burden: $2,183,990.
ACTION:
Notice.
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the party
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before September 15, 2023.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2023–
0040 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2023–0040.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk in Suite 4E401.
Individuals may inspect copies of the
petition and comments during normal
business hours at the address listed
above. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (email), or 202–693–9441 (fax).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and title 30 of the
Code of Federal Regulations (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
SUMMARY:
(Authority: 44 U.S.C. 3507(a)(1)(D).)
I. Background
Nicole Bouchet,
Acting Departmental Clearance Officer.
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
[FR Doc. 2023–17623 Filed 8–15–23; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety Standard
Mine Safety and Health
Administration, Labor.
AGENCY:
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Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices
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.
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II. Petition for Modification
Docket Number: M–2023–010–C.
Petitioner: Peabody Twentymile Coal
Mining, LLC, 29515 Routt County Road
27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID
No. 05–03836, located in Routt County,
Colorado.
Regulation Affected: 30 CFR 75.507–
1(a) (Electrical equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of 30 CFR
75.500(d) to permit the use of Versaflo
TR–800 and CleanSpace EX powered
respirators, nonpermissible batter
powered air-purifying respirators
(PAPR) in return air outby the last open
crosscut.
The petitioner states that:
(a) The mine utilizes the continuous
mining method.
(b) Petitioner uses the 3M Airstream
PAPR under an existing decision and
order to provide additional protection
for its miners against exposure to
respirable coal mine dust on the long
wall faces.
(c) 3M discontinued the Airstream
PAPR June 1, 2020, due to disruption in
their component supply.
(d) Currently, there is no PAPRs that
meets MSHA’s permissibility
requirements. The 3M Versaflo TR–800
PAPR is available, but it is not
permissible, and 3M is currently not
pursuing approval.
(e) The Versaflo TR–800 motor/blower
and battery qualify as intrinsically safe
in the U.S., Canada, and countries that
accept the International Electrotechnical
Commission System for Certification to
Standards Relating to Equipment for
Use in Explosive Atmosphere (IECEx).
The Versaoflo TR–800 motor/blower 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, 6* Edition,
2013). It is also ATEX-certified with an
intrinsically safe (IS) rating of ‘‘ia.’’ The
Versaflo TR–800 is also 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).
(f) The CleanSpace EX PAPR is not
currently approved as permissible by
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MSHA and CleanSpace is pursuing
approval.
(g) The CleanSpace EX PAPR is
certified by TestSafe Australia (TSA)
according to the IEC 60079–
0:2011(General Requirements) and IEC
60079–11:2011 (Intrinsic Safety)
standards. The certificate, issued to
PAFtec Australia Pty Ltd (PAFtec),
allows PAFtec to mark the device as ‘‘Ex
ib IIB T4 Gb’’ and ‘‘Ex ia I Ma.’’
Therefore, the CleanSpace EX has been
determined to be intrinsically safe
under IECEx and other international
standards.
(h) In 2017, the National Institute for
Occupational Safety and Health
(NIOSH) published ‘‘An Evaluation of
the Relative Safety of U.S. Mining
Explosion-Protected Equipment
Approval Requirements versus those of
International Standards’’ in which
NIOSH determined that electrical and
electronic equipment which meets twofault intrinsic safety as defined in the
ANSI/UL 60079 standard would provide
at least an equivalent level of safety as
that provided by equipment approved to
MSHA permissibility standards.1
(i) The UL-certification, TSA
certification, and PAFtec listing material
(drawings, certificate and text report)
support the conclusion that the Versaflo
TR–800 and the CleanSpace EX meet
the applicable ‘‘two fault’’ intrinsic
safety requirements for mining
equipment as found in the ANSI/UL
standard.
(j) The Versaflo TR–800 carries an
ingress protection (IP) rating of IP64.
The CleanSpace EX carries an IP rating
of IP66. Both ratings exceed the
minimum rating of IP54 required by the
ANSI/UL and IEC standards for
intrinsically safe mining equipment.
The petitioner proposes the following
alternative method:
(a) The PAPRs, including battery
packs, all associated wiring and
connections shall be inspected before
use to determine if there is any damage
to the units that would negatively
impact intrinsic safety. If any defect is
found, the PAPR shall be removed from
service.
(b) The operator shall maintain a
separate logbook for each of the 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 CPR
1 William Calder, David P. Snyder, John F. Burr,
(2017). An Evaluation of the Relative Safety of U.S.
Mining Explosion-Protected Equipment Approval
Requirements versus those of International
Standards, Transactions of Society for Mining,
Metallurgy, and Exploration, Inc, 342, 43–50.
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55725
75.512–1 and the examination results
shall be 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
Versaflo TR–800, and the ‘‘blocked
filter’’ alarm on the CleanSpace EX
PAPR. Examination entries shall be
maintained for at least one year.
(c) All Versaflo 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 PAPR shall be
assigned a unique identification
number. Each PAPR 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.
(d) The examinations for the Versaflo
TR–800 shall include:
1. Check the equipment for any
physical damage and the integrity of the
case;
2. Remove the battery and inspect for
corrosion;
3. Inspect the contact points to ensure
a secure connection to the battery;
4. Reinsert the battery and power up
and shut down to ensure proper
connections; and
5. Check the battery compartment
cover or battery attachment to ensure
that it is securely fastened; and
6. For equipment utilizing lithium
type cells, ensure that lithium cells and/
or packs are not damaged or swelled in
size.
(e) The CleanSpace EX does not have
an accessible or removeable battery. The
battery and motor 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.
(f) The operator shall ensure that all
Versaflo TR–800 and CleanSpace EX
units are serviced according to the
manufacturer’s recommendations. Dates
of service shall be recorded in the
equipment’s logbook and shall include
a description of the work performed.
(g) The Versaflo TR–800 and
CleanSpace EX PAPRs used in the
return air outby the last open crosscut,
or in areas where methane may enter the
air current, shall not be put in service
until MSHA has initially inspected the
equipment and determined that it is in
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Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices
compliance with the proposed decision
and order (PDO).
(h) Methane tests shall be made in
accordance with 30 CFR 75.323(a)
before taking or energizing the Versaflo
TR–800 or the CleanSpace EX in the
return air outby the last open crosscut.
(i) All hand-held methane detectors
shall be MSHA-approved and
maintained in permissible and proper
operating condition as defined by 30
CFR 75.320. All methane detectors shall
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(j) A qualified person as defined in
existing 30 CFR 75.151 shall
continuously monitor for methane
immediately before and during the use
of the Versaflo TR–800 or CleanSpace
EX in the return air outby the last open
crosscut.
(k) Neither the Versaflo TR–800 nor
the CleanSpace EX shall be used in
methane concentrations detected at or
above 1.0 percent methane. When 1.0
percent or more of methane is detected
while the Versaflo TR–800 or
CleanSpace EX is being used, the
equipment shall be de-energized
immediately and the equipment
withdrawn outby the last open crosscut.
(l) The Versaflo TR–800 PAPRs only
use the 3M TR–830 Battery Pack, which
meets lithium battery safety standard
UL 1642 or IEC 62133. The CleanSpace
EX PAPRs shall use the CleanSpace EX
Power Unit, which meets lithium
battery safety standard UL 1642 or IEC
62133.
(m) The battery packs must be
‘‘changed out’’ in intake air outby the
last open crosscut. Before each shift
when the Versaflo 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.
(n) The following maintenance and
use conditions shall apply to the
equipment Versaflo TR–800 or the
CleanSpace EX containing lithium-type
batteries:
1. The petitioner shall always
correctly use and maintain the lithiumion battery packs. Neither the 3M TR–
830 Battery Pack nor the CleanSpace EX
Power Unit may be dissembled or
modified by anyone other than
permitted by the manufacturer of the
equipment.
2. The 3M TR–830 Battery Pack must
only be charged in an area free of
combustible material, readily monitored
and located on the surface of the mine.
The 3M TR–830 Battery Pack is to be
charged by either:
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i. 3M Battery Charger Kit TR–641N,
which includes one 3M Charger Cradle
TR–640 and one 3M Power Supply TR–
941N, or,
ii. 3M 4- Station Battery Charger Kit
TR–644N, which includes four 3M
Charger Cradles TR–640 and one 3M 4Station Battery Charger Base/Power
Supply TR–944N.
3. The CleanSpace EX Power Unit is
to be charged only by the CleanSpace
Battery Charger EX, Product Code PAF–
0066.
4. The batteries shall be kept dry and
shall not be exposed to water. This does
not preclude incidental exposure of
sealed battery packs.
5. The batteries shall not be used,
charged, or stored in locations where
the manufacturer’s recommended
temperature limits are exceeded. The
batteries shall not be placed in direct
sunlight or used or stored near a source
of heat.
6. The battery shall not be used at the
end of its life cycle (e.g. when there is
a performance decrease of greater than
20 percent in battery operated
equipment). The battery must be
disposed of properly.
(o) Affected mine employees must be
trained in the proper use and
maintenance of the Versaflo TR–800 and
the CleanSpace EX PAPRs in
accordance with established
manufacturer guidelines. This training
shall alert the affected employees to
recognize the hazards and limitations
associated with the use of the
equipment in areas where methane
could be present and that neither the
Versaflo TR–800 nor the CleanSpace EX
is approved under 30 CFR part 18. The
affected mine employees shall also be
trained to de-energize the PAPRs 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, mine employees shall be
trained to inspect the units before use to
determine if there is any damage to the
PAPRs that would negatively impact
intrinsic safety as well as all
stipulations in the PDO.
(p) Mine employees shall be trained
regarding proper procedures for
donning Self-Contained Self Rescuers
(SCSRs) during a mine emergency while
wearing the Versaflo 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.
(q) Within 60 days after the PDO
becomes final, the operator shall submit
proposed revisions for its approved 30
CFR part 48 training plans to the MSHA
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District Manager. These proposed
revisions shall specify initial and
refresher training regarding the terms
and conditions stated in the PDO. When
training is conducted on the terms and
conditions in the PDO, 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 Versaflo TR–800 or
CleanSpace EX.
(r) All personnel who will be involved
with or affected by the use of the
Versaflo TR–800 or CleanSpace EX shall
receive training in accordance with 30
CFR 48.7 on the requirements of the
PDO within 60 days of the date the PDO
becomes final. Such training shall be
completed before any Versflo 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 Versaflo TR–800 or CleanSpace EX
in accordance with 30 CFR 48.8. The
operator shall train new miners on the
requirements of the PDO in accordance
with 30 CFR 48.5 and shall train
experienced miners on its requirements
of this 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 final PDO shall be posted 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.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2023–17619 Filed 8–15–23; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0015]
Proposed Extension of Information
Collection; Refuse Piles and
Impoundment Structures
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
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]]>Agencies
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55724-55726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17619]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before September 15,
2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0040 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2023-0040.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk in Suite 4E401. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (fax). [These
are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and title 30 of the Code of Federal Regulations
(CFR) part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
[[Page 55725]]
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2023-010-C.
Petitioner: Peabody Twentymile Coal Mining, LLC, 29515 Routt County
Road 27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.507-1(a) (Electrical equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of 30
CFR 75.500(d) to permit the use of Versaflo TR-800 and CleanSpace EX
powered respirators, nonpermissible batter powered air-purifying
respirators (PAPR) in return air outby the last open crosscut.
The petitioner states that:
(a) The mine utilizes the continuous mining method.
(b) Petitioner uses the 3M Airstream PAPR under an existing
decision and order to provide additional protection for its miners
against exposure to respirable coal mine dust on the long wall faces.
(c) 3M discontinued the Airstream PAPR June 1, 2020, due to
disruption in their component supply.
(d) Currently, there is no PAPRs that meets MSHA's permissibility
requirements. The 3M Versaflo TR-800 PAPR is available, but it is not
permissible, and 3M is currently not pursuing approval.
(e) The Versaflo TR-800 motor/blower and battery qualify as
intrinsically safe in the U.S., Canada, and countries that accept the
International Electrotechnical Commission System for Certification to
Standards Relating to Equipment for Use in Explosive Atmosphere
(IECEx). The Versaoflo TR-800 motor/blower 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, 6* Edition, 2013). It is also ATEX-
certified with an intrinsically safe (IS) rating of ``ia.'' The
Versaflo TR-800 is also rated and marked with Ex ia, I Ma, Ex ia IIB T4
Ga, Ex ia IIIC 135''C Da, -20 [deg]C < Ta < +55''C, under the current
standard (IEC 60079).
(f) The CleanSpace EX PAPR is not currently approved as permissible
by MSHA and CleanSpace is pursuing approval.
(g) The CleanSpace EX PAPR is certified by TestSafe Australia (TSA)
according to the IEC 60079-0:2011(General Requirements) and IEC 60079-
11:2011 (Intrinsic Safety) standards. The certificate, issued to PAFtec
Australia Pty Ltd (PAFtec), allows PAFtec to mark the device as ``Ex ib
IIB T4 Gb'' and ``Ex ia I Ma.'' Therefore, the CleanSpace EX has been
determined to be intrinsically safe under IECEx and other international
standards.
(h) In 2017, the National Institute for Occupational Safety and
Health (NIOSH) published ``An Evaluation of the Relative Safety of U.S.
Mining Explosion-Protected Equipment Approval Requirements versus those
of International Standards'' in which NIOSH determined that electrical
and electronic equipment which meets two-fault intrinsic safety as
defined in the ANSI/UL 60079 standard would provide at least an
equivalent level of safety as that provided by equipment approved to
MSHA permissibility standards.\1\
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\1\ William Calder, David P. Snyder, John F. Burr, (2017). An
Evaluation of the Relative Safety of U.S. Mining Explosion-Protected
Equipment Approval Requirements versus those of International
Standards, Transactions of Society for Mining, Metallurgy, and
Exploration, Inc, 342, 43-50.
---------------------------------------------------------------------------
(i) The UL-certification, TSA certification, and PAFtec listing
material (drawings, certificate and text report) support the conclusion
that the Versaflo TR-800 and the CleanSpace EX meet the applicable
``two fault'' intrinsic safety requirements for mining equipment as
found in the ANSI/UL standard.
(j) The Versaflo TR-800 carries an ingress protection (IP) rating
of IP64. The CleanSpace EX carries an IP rating of IP66. Both ratings
exceed the minimum rating of IP54 required by the ANSI/UL and IEC
standards for intrinsically safe mining equipment.
The petitioner proposes the following alternative method:
(a) The PAPRs, including battery packs, all associated wiring and
connections shall be inspected before use to determine if there is any
damage to the units that would negatively impact intrinsic safety. If
any defect is found, the PAPR shall be removed from service.
(b) The operator shall maintain a separate logbook for each of the
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 CPR 75.512-1 and the examination results shall
be 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 Versaflo TR-800, and
the ``blocked filter'' alarm on the CleanSpace EX PAPR. Examination
entries shall be maintained for at least one year.
(c) All Versaflo 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 PAPR shall be assigned a unique
identification number. Each PAPR 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.
(d) The examinations for the Versaflo TR-800 shall include:
1. Check the equipment for any physical damage and the integrity of
the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to the
battery;
4. Reinsert the battery and power up and shut down to ensure proper
connections; and
5. Check the battery compartment cover or battery attachment to
ensure that it is securely fastened; and
6. For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swelled in size.
(e) The CleanSpace EX does not have an accessible or removeable
battery. The battery and motor 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.
(f) The operator shall ensure that all Versaflo TR-800 and
CleanSpace EX units are serviced according to the manufacturer's
recommendations. Dates of service shall be recorded in the equipment's
logbook and shall include a description of the work performed.
(g) The Versaflo TR-800 and CleanSpace EX PAPRs used in the return
air outby the last open crosscut, or in areas where methane may enter
the air current, shall not be put in service until MSHA has initially
inspected the equipment and determined that it is in
[[Page 55726]]
compliance with the proposed decision and order (PDO).
(h) Methane tests shall be made in accordance with 30 CFR 75.323(a)
before taking or energizing the Versaflo TR-800 or the CleanSpace EX in
the return air outby the last open crosscut.
(i) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition as defined by
30 CFR 75.320. All methane detectors shall provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(j) A qualified person as defined in existing 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the Versaflo TR-800 or CleanSpace EX in the return air outby the
last open crosscut.
(k) Neither the Versaflo TR-800 nor the CleanSpace EX shall be used
in methane concentrations detected at or above 1.0 percent methane.
When 1.0 percent or more of methane is detected while the Versaflo TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized
immediately and the equipment withdrawn outby the last open crosscut.
(l) The Versaflo TR-800 PAPRs only use the 3M TR-830 Battery Pack,
which meets lithium battery safety standard UL 1642 or IEC 62133. The
CleanSpace EX PAPRs shall use the CleanSpace EX Power Unit, which meets
lithium battery safety standard UL 1642 or IEC 62133.
(m) The battery packs must be ``changed out'' in intake air outby
the last open crosscut. Before each shift when the Versaflo 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.
(n) The following maintenance and use conditions shall apply to the
equipment Versaflo TR-800 or the CleanSpace EX containing lithium-type
batteries:
1. The petitioner shall always correctly use and maintain the
lithium-ion battery packs. Neither the 3M TR-830 Battery Pack nor the
CleanSpace EX Power Unit may be dissembled or modified by anyone other
than permitted by the manufacturer of the equipment.
2. The 3M TR-830 Battery Pack must only be charged in an area free
of combustible material, readily monitored and located on the surface
of the mine. The 3M TR-830 Battery Pack is to be charged by either:
i. 3M Battery Charger Kit TR-641N, which includes one 3M Charger
Cradle TR-640 and one 3M Power Supply TR-941N, or,
ii. 3M 4- Station Battery Charger Kit TR-644N, which includes four
3M Charger Cradles TR-640 and one 3M 4-Station Battery Charger Base/
Power Supply TR-944N.
3. The CleanSpace EX Power Unit is to be charged only by the
CleanSpace Battery Charger EX, Product Code PAF-0066.
4. The batteries shall be kept dry and shall not be exposed to
water. This does not preclude incidental exposure of sealed battery
packs.
5. The batteries shall not be used, charged, or stored in locations
where the manufacturer's recommended temperature limits are exceeded.
The batteries shall not be placed in direct sunlight or used or stored
near a source of heat.
6. The battery shall not be used at the end of its life cycle (e.g.
when there is a performance decrease of greater than 20 percent in
battery operated equipment). The battery must be disposed of properly.
(o) Affected mine employees must be trained in the proper use and
maintenance of the Versaflo TR-800 and the CleanSpace EX PAPRs in
accordance with established manufacturer guidelines. This training
shall alert the affected employees to recognize the hazards and
limitations associated with the use of the equipment in areas where
methane could be present and that neither the Versaflo TR-800 nor the
CleanSpace EX is approved under 30 CFR part 18. The affected mine
employees shall also be trained to de-energize the PAPRs 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, mine employees shall be trained to inspect the units before
use to determine if there is any damage to the PAPRs that would
negatively impact intrinsic safety as well as all stipulations in the
PDO.
(p) Mine employees shall be trained regarding proper procedures for
donning Self-Contained Self Rescuers (SCSRs) during a mine emergency
while wearing the Versaflo 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.
(q) Within 60 days after the PDO becomes final, the operator shall
submit proposed revisions for its approved 30 CFR part 48 training
plans to the MSHA District Manager. These proposed revisions shall
specify initial and refresher training regarding the terms and
conditions stated in the PDO. When training is conducted on the terms
and conditions in the PDO, 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
Versaflo TR-800 or CleanSpace EX.
(r) All personnel who will be involved with or affected by the use
of the Versaflo TR-800 or CleanSpace EX shall receive training in
accordance with 30 CFR 48.7 on the requirements of the PDO within 60
days of the date the PDO becomes final. Such training shall be
completed before any Versflo 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 Versaflo TR-800
or CleanSpace EX in accordance with 30 CFR 48.8. The operator shall
train new miners on the requirements of the PDO in accordance with 30
CFR 48.5 and shall train experienced miners on its requirements of this
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 final PDO shall be posted 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.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-17619 Filed 8-15-23; 8:45 am]
BILLING CODE 4520-43-P
