Petition for Modification of Application of Existing Mandatory Safety Standards, 81572-81574 [2024-23241]
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81572
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
(23) Within 30 days after the PDO
granted by MSHA becomes final, the
operator shall submit proposed
revisions for its approved 30 CFR part
48 training plan to the District Manager.
These proposed revisions shall include
initial and refresher training on
compliance with the terms and
conditions stated in the PDO granted by
MSHA. The operator shall provide all
miners involved in well intersection
with training on the requirements of the
PDO granted by MSHA prior to mining
within 150 feet of a well intended to be
mined through.
(24) The responsible person required
under 30 CFR 75.1501 shall be
responsible for well intersection
emergencies. The well intersection
procedures shall be reviewed by the
responsible person prior to any planned
intersection.
(25) Within 30 days after the PDO
granted by MSHA becomes final, the
operator shall submit proposed
revisions for its approved mine
emergency evacuation and firefighting
program of instruction required under
30 CFR 75.1502. The operator shall
revise the program of instruction to
include the hazards and evacuation
procedures to be used for well
intersections. All underground miners
shall be trained in this revised plan
within 30 days of submittal.
(k) The miners at the Eagle #3 mine
are not represented by a labor union and
do not have a miner’s representative.
The petition is posted at the mine.
In support of the proposed alternative
method, the petitioner has also
submitted: mine maps indicating well
locations, current mining in the area
and projected mining inby the gas wells;
well production records and charts;
schematics showing general crosssections of casing and tubing; and other
relevant facts.
The petitioner asserts that the
alternative 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. 2024–23246 Filed 10–7–24; 8:45 am]
BILLING CODE 4520–43–P
VerDate Sep<11>2014
17:23 Oct 07, 2024
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by River View
Coal, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before November 7, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0043 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0043.
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, 4th Floor West.
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:
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
Jkt 265001
PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M–2024–021–C.
Petitioner: River View Coal, LLC, 835
State Route 1179, Waverly, KY 42462.
Mine: River View Mine, MSHA ID No.
15–19374, located in Union County,
Kentucky.
Regulation Affected: 30 CFR
75.500(d), Permissible electric
equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.500(d) to allow the use of
unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used
inby the last open crosscut. Specifically,
the Petitioner is requesting to utilize the
CleanSpace EX PAPR and sealed motor/
blower/battery power pack assembly,
and the 3M Versaflo TR–800
Intrinsically Safe PAPR motor/blower
and battery with battery pack.
The petitioner states that:
(a) The 3M Versaflo TR–800 PAPR
with motor/blower and battery qualifies
as intrinsically safe.
(b) The CleanSpace EX PAPR also
qualifies as intrinsically safe.
(c) Both the CleanSpace EX and the
3M Versaflo TR–800 PAPRs provide a
constant flow of air inside the mask or
helmet. This airflow provides
respiratory protection and comfort in
hot working conditions.
(d) Neither the 3M Versaflo TR–800
nor the CleanSpace EX PAPR is MSHAapproved as permissible.
(e) Neither the 3M nor the CleanSpace
is pursuing MSHA approval.
(f) River View Coal currently makes
available to all miners NIOSH-approved
high efficiency l00 series respirators to
protect the miners against potential
exposure to respirable coal mine dust,
including crystalline silica, during
normal mining conditions. River View
Coal desires to expand the miners’
option in choosing a respirator that
provides the greatest degree of
protection as well as comfort while
being worn. PAPRs provide a constant
flow of filtered air and serve that
purpose.
E:\FR\FM\08OCN1.SGM
08OCN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
(g) On June 17, 2024, MSHA finalized
the rule Lowering Miners’ Exposure to
Respirable Crystalline Silica and
Improving Respiratory Protection. The
rule requires the mine operator to have
a written respiratory protection program
in place when miners are required to
use respirators. Adding the CleanSpace
EX and the 3M TR–800 Versaflo PAPRs
to the respiratory protection program as
additional options will provide the
miners with alternatives to the series
100 high efficiency respirators already
in use at the mine. The PAPRs will also
serve as a respirator option to protect
the miners with facial hair who may not
be able to pass the ‘‘fit test’’ requirement
of the program. In addition, the positive
flow of filtered air provided by the
PAPRs will provide a solution for the
miners who are unable to wear a tightfitting respirator.
(h) Since the 3M Airstream HeadgearMounted PAPR System has been
discontinued by the manufacturer, there
are no other MSHA-approved units
available that can be taken into or used
inby the last open crosscut.
(i) The alternative method in the
petition will at all times guarantee no
less than the same measure of protection
afforded to the miners by the standard.
The petitioner proposes the following
alternative method:
(a) All miners who will be involved
with or affected by the use of the 3M
Versaflo TR–800 or CleanSpace EX
PAPRs shall receive training in
accordance with 30 CFR 48.7 on the
requirements of the Proposed Decision
and Order (PDO) granted by MSHA and
manufacturer guidelines. Such training
shall be completed before any 3M
Versaflo TR–800 or CleanSpace EX
PAPR 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.
(b) The PAPRs, battery packs, and 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 defects are found, the
PAPR shall be removed from service.
(c) A separate logbook shall be
maintained for the 3M Versaflo TR–800
and CleanSpace EX PAPRs that will 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. Examination records shall
be maintained for one year.
(d) All 3M Versaflo TR–800 and
CleanSpace EX PAPRs to be used inby
VerDate Sep<11>2014
17:23 Oct 07, 2024
Jkt 265001
the last open crosscut shall be
physically examined prior to initial use
and each unit shall 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 used according to the
original equipment manufacturer’s
recommendations and maintained in a
safe operating condition. The
examinations for the 3M Versaflo TR–
800 PAPRs 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.
(5) Check the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(6) For equipment utilizing lithium
type cells, ensure that lithium cells and/
or packs are not damaged or swelled in
size.
The CleanSpace EX PAPR does not
have an accessible/removable battery.
The internal battery and motor/blower
assembly are both contained within the
‘‘power unit’’ assembly and the battery
cannot be removed, reinserted or
fastened. Therefore, examination of the
CleanSpace EX PAPR shall include any
indications of physical damage.
(e) All 3M Versaflo TR–800 and
CleanSpace EX PAPR units shall be
serviced according to the manufacturer’s
recommendations.
(f) Prior to energizing and during use
of the 3M Versaflo TR–800 or the
CleanSpace EX PAPR inby the last open
crosscut, procedures in accordance with
30 CFR 75.323 shall be followed.
(g) Only the 3M TR–830 Battery Pack,
which meets lithium battery safety
standard UL 1642 or IEC 62133, in the
3M Versaflo TR–800 PAPR shall be
used. Only the CleanSpace EX Power
Unit, which meets lithium battery safety
standard UL 1642 or IEC 62133, in the
CleanSpace EX shall be used.
(h) If battery packs for the 3M Versaflo
TR–800 PAPR are provided, all battery
‘‘change outs’’ shall occur in intake air
outby the last open crosscut.
(i) The following maintenance and
use conditions shall apply to equipment
containing lithium type batteries:
(1) Neither the 3M TR–830 Battery
Pack nor the CleanSpace EX Power Unit
shall be disassembled nor modified by
anyone other than permitted by the
manufacturer of the equipment.
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Fmt 4703
Sfmt 4703
81573
(2) The 3M TR–830 Battery Pack shall
be charged only in an area free of
combustible material and in intake air
outby the last open crosscut. The 3M
TR–830 Battery Pack shall be charged
only by a manufacturer’s recommended
battery charger, such as the:
(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 internal
battery, which is contained within the
power unit assembly, shall be charged
in areas located outby the last open
crosscut in intake air and only the
manufacturer’s recommended battery
chargers shall be used, such as the
CleanSpace EX Battery Charger, Product
Code PAF–0066.
(4) Neither the 3M TR–830 Battery
Pack nor the CleanSpace EX power unit
which contains the internal battery,
shall be exposed to water, allowed to get
wet or immersed in liquid. This does
not preclude incidental exposure of the
3M TR–830 Battery Pack or the
CleanSpace EX power unit assembly.
(5) Neither the 3M Versaflo TR–800
PAPR nor the CleanSpace EX PAPR,
including the internal battery, shall be
used, charged or stored in locations
where the manufacturer’s recommended
temperature limits are exceeded.
Neither the 3M Versaflo TR–800 PAPR
nor the CleanSpace EX PAPR shall be
placed in direct sunlight nor stored near
a source of heat.
(j) Annual retraining shall be given to
all miners who will be involved with or
affected by the use of the 3M Versaflo
TR–800 or CleanSpace EX PAPRs in
accordance with 30 CFR 48.8. Training
of new miners on the requirements of
the PDO granted by MSHA in
accordance with 30 CFR 48.5, and
training of experienced miners on the
requirements of the PDO granted by
MSHA in accordance with 30 CFR 48.6
shall be given. The operator shall keep
a record of such training and provide
such record to MSHA upon request.
(k) The miners at River View Coal
LLC, River View Mine, are not
represented by a labor organization and
there are no representatives of miners at
the mine. A copy of this petition has
been posted on the bulletin board at
River View Coal, LLC, River View Mine,
on August 30, 2024.
The petitioner asserts that the
alternative method in the petition will
at all times guarantee no less than the
E:\FR\FM\08OCN1.SGM
08OCN1
81574
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
same measure of protection afforded to
the miners by the standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
I. Background
[FR Doc. 2024–23241 Filed 10–7–24; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by Mettiki Coal
WV, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before November 7, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0054 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0054.
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, 4th Floor West.
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
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:23 Oct 07, 2024
Jkt 265001
44 govern the application, processing,
and disposition of petitions for
modification.
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M–2024–031–C.
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, MD 21550.
Mine: Mountain View Mine, MSHA
ID No. 46–09028, located in Davis, WV.
Regulation Affected: 30 CFR
75.500(d), Permissible electric
equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.500(d) to allow the use of
unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used
inby the last open crosscut. Specifically,
the Petitioner is requesting to utilize the
CleanSpace EX PAPR and sealed motor/
blower/battery power pack assembly,
and the 3M Versaflo TR–800
Intrinsically Safe PAPR motor/blower
and battery with battery pack.
The petitioner states that:
(a) The 3M Versaflo TR–800 PAPR
with motor/blower and battery qualifies
as intrinsically safe.
(b) The CleanSpace EX PAPR also
qualifies as intrinsically safe.
(c) Both the CleanSpace EX and the
3M Versaflo TR–800 PAPRs provide a
constant flow of air inside the mask or
helmet. This airflow provides
respiratory protection and comfort in
hot working conditions.
(d) Neither the 3M Versaflo TR–800
nor the CleanSpace EX PAPR is MSHAapproved as permissible.
(e) Neither the 3M nor the CleanSpace
is pursuing MSHA approval.
(f) Mettiki Coal currently makes
available to all miners NIOSH-approved
high efficiency l00 series respirators to
protect the miners against potential
exposure to respirable coal mine dust,
PO 00000
Frm 00158
Fmt 4703
Sfmt 4703
including crystalline silica, during
normal mining conditions. Mettiki Coal
desires to expand the miners’ option in
choosing a respirator that provides the
greatest degree of protection as well as
comfort while being worn. PAPRs
provide a constant flow of filtered air
and serve that purpose.
(g) On June 17, 2024, MSHA finalized
the rule Lowering Miners’ Exposure to
Respirable Crystalline Silica and
Improving Respiratory Protection. The
rule requires the mine operator to have
a written respiratory protection program
in place when miners are required to
use respirators. Adding the CleanSpace
EX and the 3M TR–800 Versaflo PAPRs
to the respiratory protection program as
additional options will provide the
miners with alternatives to the series
100 high efficiency respirators already
in use at the mine. The PAPRs will also
serve as a respirator option to protect
the miners with facial hair who may not
be able to pass the ‘‘fit test’’ requirement
of the program. In addition, the positive
flow of filtered air provided by the
PAPRs will provide a solution for the
miners who are unable to wear a tightfitting respirator.
(h) Since the 3M Airstream HeadgearMounted PAPR System has been
discontinued by the manufacturer, there
are no other MSHA-approved units
available that can be taken into or used
inby the last open crosscut.
(i) The alternative method in the
petition will at all times guarantee no
less than the same measure of protection
afforded to the miners by the standard.
The petitioner proposes the following
alternative method:
(a) All miners who will be involved
with or affected by the use of the 3M
Versaflo TR–800 or CleanSpace EX
PAPRs shall receive training in
accordance with 30 CFR 48.7 on the
requirements of the Proposed Decision
and Order (PDO) granted by MSHA and
manufacturer guidelines. Such training
shall be completed before any 3M
Versaflo TR–800 or CleanSpace EX
PAPR 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.
(b) The PAPRs, battery packs, and 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 defects are found, the
PAPR shall be removed from service.
(c) A separate logbook shall be
maintained for the 3M Versaflo TR–800
and CleanSpace EX PAPRs that will be
kept with the equipment, or in a
location with other mine record books
and shall be made available to MSHA
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81572-81574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23241]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by River
View Coal, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before November 7, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0043 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0043.
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, 4th Floor West. 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
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-2024-021-C.
Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, KY
42462.
Mine: River View Mine, MSHA ID No. 15-19374, located in Union
County, Kentucky.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.500(d) to allow the use of unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used inby the last open crosscut.
Specifically, the Petitioner is requesting to utilize the CleanSpace EX
PAPR and sealed motor/blower/battery power pack assembly, and the 3M
Versaflo TR-800 Intrinsically Safe PAPR motor/blower and battery with
battery pack.
The petitioner states that:
(a) The 3M Versaflo TR-800 PAPR with motor/blower and battery
qualifies as intrinsically safe.
(b) The CleanSpace EX PAPR also qualifies as intrinsically safe.
(c) Both the CleanSpace EX and the 3M Versaflo TR-800 PAPRs provide
a constant flow of air inside the mask or helmet. This airflow provides
respiratory protection and comfort in hot working conditions.
(d) Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR is
MSHA-approved as permissible.
(e) Neither the 3M nor the CleanSpace is pursuing MSHA approval.
(f) River View Coal currently makes available to all miners NIOSH-
approved high efficiency l00 series respirators to protect the miners
against potential exposure to respirable coal mine dust, including
crystalline silica, during normal mining conditions. River View Coal
desires to expand the miners' option in choosing a respirator that
provides the greatest degree of protection as well as comfort while
being worn. PAPRs provide a constant flow of filtered air and serve
that purpose.
[[Page 81573]]
(g) On June 17, 2024, MSHA finalized the rule Lowering Miners'
Exposure to Respirable Crystalline Silica and Improving Respiratory
Protection. The rule requires the mine operator to have a written
respiratory protection program in place when miners are required to use
respirators. Adding the CleanSpace EX and the 3M TR-800 Versaflo PAPRs
to the respiratory protection program as additional options will
provide the miners with alternatives to the series 100 high efficiency
respirators already in use at the mine. The PAPRs will also serve as a
respirator option to protect the miners with facial hair who may not be
able to pass the ``fit test'' requirement of the program. In addition,
the positive flow of filtered air provided by the PAPRs will provide a
solution for the miners who are unable to wear a tight-fitting
respirator.
(h) Since the 3M Airstream Headgear-Mounted PAPR System has been
discontinued by the manufacturer, there are no other MSHA-approved
units available that can be taken into or used inby the last open
crosscut.
(i) The alternative method in the petition will at all times
guarantee no less than the same measure of protection afforded to the
miners by the standard.
The petitioner proposes the following alternative method:
(a) All miners who will be involved with or affected by the use of
the 3M Versaflo TR-800 or CleanSpace EX PAPRs shall receive training in
accordance with 30 CFR 48.7 on the requirements of the Proposed
Decision and Order (PDO) granted by MSHA and manufacturer guidelines.
Such training shall be completed before any 3M Versaflo TR-800 or
CleanSpace EX PAPR 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.
(b) The PAPRs, battery packs, and 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 defects are found, the PAPR shall be removed from service.
(c) A separate logbook shall be maintained for the 3M Versaflo TR-
800 and CleanSpace EX PAPRs that will 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. Examination records shall be
maintained for one year.
(d) All 3M Versaflo 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 shall 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
used according to the original equipment manufacturer's recommendations
and maintained in a safe operating condition. The examinations for the
3M Versaflo TR-800 PAPRs 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.
(5) Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(6) For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swelled in size.
The CleanSpace EX PAPR does not have an accessible/removable
battery. The internal battery and motor/blower assembly are both
contained within the ``power unit'' assembly and the battery cannot be
removed, reinserted or fastened. Therefore, examination of the
CleanSpace EX PAPR shall include any indications of physical damage.
(e) All 3M Versaflo TR-800 and CleanSpace EX PAPR units shall be
serviced according to the manufacturer's recommendations.
(f) Prior to energizing and during use of the 3M Versaflo TR-800 or
the CleanSpace EX PAPR inby the last open crosscut, procedures in
accordance with 30 CFR 75.323 shall be followed.
(g) Only the 3M TR-830 Battery Pack, which meets lithium battery
safety standard UL 1642 or IEC 62133, in the 3M Versaflo TR-800 PAPR
shall be used. Only the CleanSpace EX Power Unit, which meets lithium
battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX
shall be used.
(h) If battery packs for the 3M Versaflo TR-800 PAPR are provided,
all battery ``change outs'' shall occur in intake air outby the last
open crosscut.
(i) The following maintenance and use conditions shall apply to
equipment containing lithium type batteries:
(1) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX Power
Unit shall be disassembled nor modified by anyone other than permitted
by the manufacturer of the equipment.
(2) The 3M TR-830 Battery Pack shall be charged only in an area
free of combustible material and in intake air outby the last open
crosscut. The 3M TR-830 Battery Pack shall be charged only by a
manufacturer's recommended battery charger, such as the:
(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 internal battery, which is contained within
the power unit assembly, shall be charged in areas located outby the
last open crosscut in intake air and only the manufacturer's
recommended battery chargers shall be used, such as the CleanSpace EX
Battery Charger, Product Code PAF-0066.
(4) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX power
unit which contains the internal battery, shall be exposed to water,
allowed to get wet or immersed in liquid. This does not preclude
incidental exposure of the 3M TR-830 Battery Pack or the CleanSpace EX
power unit assembly.
(5) Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR,
including the internal battery, shall be used, charged or stored in
locations where the manufacturer's recommended temperature limits are
exceeded. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX
PAPR shall be placed in direct sunlight nor stored near a source of
heat.
(j) Annual retraining shall be given to all miners who will be
involved with or affected by the use of the 3M Versaflo TR-800 or
CleanSpace EX PAPRs in accordance with 30 CFR 48.8. Training of new
miners on the requirements of the PDO granted by MSHA in accordance
with 30 CFR 48.5, and training of experienced miners on the
requirements of the PDO granted by MSHA in accordance with 30 CFR 48.6
shall be given. The operator shall keep a record of such training and
provide such record to MSHA upon request.
(k) The miners at River View Coal LLC, River View Mine, are not
represented by a labor organization and there are no representatives of
miners at the mine. A copy of this petition has been posted on the
bulletin board at River View Coal, LLC, River View Mine, on August 30,
2024.
The petitioner asserts that the alternative method in the petition
will at all times guarantee no less than the
[[Page 81574]]
same measure of protection afforded to the miners by the standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-23241 Filed 10-7-24; 8:45 am]
BILLING CODE 4520-43-P
