Petition for Modification of Application of Existing Mandatory Safety Standards, 90745-90747 [2024-26720]
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
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is conducted on the terms and
conditions in the PDO granted by
MSHA, an MSHA Certificate of Training
(Form 5000–23) shall be completed.
Comments shall be included on the
Certificate of Training indicating that
the training received was for use of the
3M Versaflo TR–800 or the CleanSpace
EX PAPR.
(r) All personnel 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 PDO granted by
MSHA within 60 days of the date the
PDO granted by MSHA becomes final.
Such training shall be completed before
any 3M Versaflo TR–800 or CleanSpace
EX PAPR can be used within 150 feet of
pillar workings or longwall faces. The
operator shall keep a record of such
training and provide such record to
MSHA upon request.
(s) The operator shall provide annual
retraining to all personnel who will be
involved with or affected by the use of
the 3M Versaflo TR–800 or CleanSpace
EX PAPRs in accordance with 30 CFR
48.8. The operator shall train new
miners on the requirements of the PDO
granted by MSHA in accordance with 30
CFR 48.5, and shall train experienced
miners on the requirements of the PDO
granted by MSHA 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 PDO
granted by MSHA 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.
(u) There are no representatives of
miners at Greenbrier Minerals LLC,
Powellton #1 Mine, Lower War Eagle,
Muddy Bridge, or Eagle No. 1 Mine. A
copy of this petition has been posted on
the bulletin board as of September 12,
2024.
The petitioner asserts that the
alternative method will 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. 2024–26733 Filed 11–15–24; 8:45 am]
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SUMMARY:
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.
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:
II. Petition for Modification
Docket Number: M–2024–046–C.
Petitioner: Panther Creek Mining,
LLC, PO Box 99 Dawes, WV 25054.
Mine: Speed Mine, MSHA ID No. 46–
05437, located in Kanawha County,
West Virginia, and Winchester 2 Mine,
MSHA ID No. 46–09615, located in
Kanawha County, West Virginia.
Regulation Affected: 30 CFR
75.1002(a), Permissible electric
equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.1002(a) to allow the use of
unapproved Powered Air Purifying
Respirators (PAPRs) within 150 feet of
pillar workings or longwall faces.
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) Speed Mine and Winchester 2
Mine currently make 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. Speed Mine and Winchester
2 Mine desire to expand the miners’
option in choosing a respirator that
provides the greatest degree of
protection as well as comfort while
being worn. Powered PAPRs provide a
constant flow of filtered air and serve
that purpose.
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 Panther
Creek Mining, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before December 18, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0069 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0069.
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.
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.
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90746
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
(g) On June 17, 2024, a final rule
entitled Lowering Miners’ Exposure to
Respirable Crystalline Silica and
Improving Respiratory Protection took
effect. 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 used within 150
feet of pillar workings or longwall faces.
(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 within 150 feet of
pillar workings or longwall faces. 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.
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(d) All 3M Versaflo TR–800 and
CleanSpace EX PAPRs to be used within
150 feet of pillar workings or longwall
faces 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; and
(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 within 150 feet of
pillar workings or longwall faces,
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:
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(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:
(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 Speed Mine and
Winchester 2 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 Speed Mine and
Winchester 2 Mine, on October 4, 2024.
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
The petitioner asserts that 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.
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
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.
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
II. Petition for Modification
Docket Number: M–2024–043–C.
Petitioner: Kingston Mining, Inc., 300
Running Right Way, Julian, WV 25529.
Mine: Kingston No. 2 Mine, MSHA ID
No. 46–08932, located in Fayette
County, West Virginia.
Regulation Affected: 30 CFR
75.1002(a), Permissible electric
equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.1002(a) to permit alternative methods
of compliance to allow the use of
additional respirable dust protection.
Specifically, the petitioner is requesting
to permit the use of the 3M Versaflo TR–
800–HIK Intrinsically Safe Powered Air
Purifying Respirator motor/blower and
battery.
The petitioner states that:
(a) Kingston Mining, Inc., does not
currently use a battery powered
respirator unit but would like to add a
Powered Air Purifying Respirator
(‘‘PAPR’’) to the units available to
miners in certain situations.
(b) Currently there are no battery
powered respirators that meet
applicable U.S. Mine Safety and Health
Administration (MSHA) standards for
permissibility. Electronic equipment
used in underground mines in
potentially explosive atmospheres is
required to be approved by MSHA per
30 CFR. 3M and other competitor
manufacturers do offer alternative
products for many other environments
and applications.
(c) One of the main benefits of a PAPR
is that they provide a constant flow of
air inside the headtop or helmet. This
constant airflow helps to provide both
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–26720 Filed 11–15–24; 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 Kingston
Mining, Inc.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before December 18, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0066 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0066.
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.
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with NOTICES1
44 govern the application, processing,
and disposition of petitions for
modification.
VerDate Sep<11>2014
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90747
respiratory protection and comfort in
warm working environments.
(d) A strict application of the standard
(i.e., objecting to the use of the
requested PAPR) results in a diminution
of safety at the mine.
(e) Kingston Mining, Inc., petitions to
permit the use of the 3M Versaflo TR–
800–HIK Intrinsically Safe Powered Air
Purifying Respirator motor/blower and
battery.
(f) The Versaflo TR–800–HIK motor/
blower and battery qualifies as
intrinsically safe in the U.S., Canada,
and any other countries accepting IECEx
reports. (IECEx is the International
Electrotechnical Commissions System
for Certification to Standards Relating to
Equipment for Use in Explosive
Atmospheres). The TR–800–HIK PAPR
has a blower that is UL-certified with an
intrinsically safe (IS) rating of Division
I: IS Class I, II, III; Division I (includes
Division 2) Groups C, D, E, F, G; T4,
under the most current standard (UL
60079, 6th Edition, 2013), and ATEXcertified with an intrinsically safe (IS)
rating of ‘‘ia’’. The TR–800 is rated and
marked with Exia I Ma, Exia IIB T4 Ga,
Ex ia IIIC 135°C Da, ¥20 °C ≤ Ta ≤ +55
°C, under the current standard (IEC
60079).
(g) The 3M Versaflo TR–800
Intrinsically Safe Powered Air Purifying
Respirator is not MSHA approved as
permissible, and 3M is not pursuing
approval to our knowledge.
(h) The standards for approval of
these respirators are an acceptable
alternative to MSHA’s standards and
provide an equivalent level of
protection.
(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) Affected mine employees shall be
trained in the proper use and
maintenance of the Versaflo TR–800
PAPR in accordance with established
manufacturer guidelines. This training
shall alert the affected employee that the
Versaflo TR–800 PAPR is approved
under 30 CFR part 18 and shall be deenergized when 1.0 percent or more
percent methane is detected. The
training shall also include the proper
method to de-energize the PAPR. In
addition to manufacturer guidelines,
Kingston Mining, Inc. shall 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 PAPR, battery pack, and all
associated wiring and any connections
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]]>Agencies
[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90745-90747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26720]
-----------------------------------------------------------------------
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
Panther Creek Mining, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before December 18,
2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0069 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0069.
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.
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-2024-046-C.
Petitioner: Panther Creek Mining, LLC, PO Box 99 Dawes, WV 25054.
Mine: Speed Mine, MSHA ID No. 46-05437, located in Kanawha County,
West Virginia, and Winchester 2 Mine, MSHA ID No. 46-09615, located in
Kanawha County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.1002(a) to allow the use of unapproved Powered Air Purifying
Respirators (PAPRs) within 150 feet of pillar workings or longwall
faces. 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) Speed Mine and Winchester 2 Mine currently make 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.
Speed Mine and Winchester 2 Mine desire to expand the miners' option in
choosing a respirator that provides the greatest degree of protection
as well as comfort while being worn. Powered PAPRs provide a constant
flow of filtered air and serve that purpose.
[[Page 90746]]
(g) On June 17, 2024, a final rule entitled Lowering Miners'
Exposure to Respirable Crystalline Silica and Improving Respiratory
Protection took effect. 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 used within 150 feet of pillar workings or
longwall faces.
(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 within 150 feet of pillar workings or
longwall faces. 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
within 150 feet of pillar workings or longwall faces 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; and
(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 within 150 feet of pillar workings or longwall
faces, 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:
(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 Speed Mine and Winchester 2 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 Speed Mine and Winchester 2 Mine, on October 4, 2024.
[[Page 90747]]
The petitioner asserts that 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.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-26720 Filed 11-15-24; 8:45 am]
BILLING CODE 4520-43-P
