Petition for Modification of Application of Existing Mandatory Safety Standards, 90742-90745 [2024-26733]
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
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1. Type of Information Collection:
Extension of a previously approved
collection.
2. Title of the Form/Collection:
Licensed Firearms Manufacturers
Records of Production, Disposition and
Supporting Data.
3. Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: None.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: Affected Public: Private Sectorfor or not for profit institutions.
Abstract: Firearms manufacturers
record is a permanent record of firearms
manufactured and records of their
disposition. These records are vital to
support ATF’s mission to inquire into
the disposition any firearm in the course
of a criminal investigation.
5. Obligation to Respond: The
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under authority 18 U.S.C. 923(g)(1)(A).
6. Total Estimated Number of
Respondents: 16,227 respondents.
7. Estimated Time per Respondent: 1
minute.
8. Frequency: As needed.
9. Total Estimated Annual Time
Burden: 179,058.
10. Total Estimated Annual Other
Costs Burden: $0.
If additional information is required,
contact: Darwin Arceo, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
United States Department of Justice,
Two Constitution Square, 145 N Street
NE, 4W–218 Washington, DC 20530.
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[FR Doc. 2024–26791 Filed 11–15–24; 8:45 am]
BILLING CODE 4410–FY–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 Greenbrier
Minerals, 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–
0074 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0074.
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.
SUMMARY:
Overview of This Information
Collection
VerDate Sep<11>2014
Dated: November 13, 2024.
Darwin Arceo,
Department Clearance Officer for PRA, U.S.
Department of Justice.
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.
FOR FURTHER INFORMATION CONTACT:
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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–2024–049–C.
Petitioner: Greenbrier Minerals, LLC,
119 Rich Creek Road, Lyburn, WV
25632.
Mines: Powellton #1 Mine, MSHA ID
No. 46–09217, located in Logan County,
West Virginia; Lower War Eagle, MSHA
ID No. 46–09319, located in Wyoming
County, West Virginia; Muddy Bridge,
Mine ID No. 46–09514, located in Logan
County, West Virginia; Eagle No.1 Mine,
Mine ID No. 46–09563, located in Logan
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 an
alternative method of respirable dust
protection. Specifically, the petitioner is
requesting to use a battery powered
respirable protection unit called the 3M
Versaflo TR–800 powered air-purifying
respirator (PAPR) in addition to the
CleanSpace EX PAPR within 150 feet of
pillar workings and longwall faces.
The petitioner states that:
(a) The petitioner is requesting to
utilize the 3M Versaflo TR–800 PAPR in
addition to the utilization of the
CleanSpace EX PAPR, which was
approved through a previous Proposed
Decision and Order (PDO) granted by
MSHA (MSHA Docket Number M–
2022–040–C). It should be noted that
North Fork Winifrede Deep Mine, Mine
ID No. 46–09583 was included in the
original petition but has been
abandoned and will be omitted in the
amended petition.
(b) The 3M Airstream helmet has been
used in mines for over 40 years. 3M has
recently faced component disruptions
for the Airstream product. This has
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caused 3M to discontinue, globally, the
Airstream on June 1, 2020. The ability
to order an Airstream system and
components ended in February 2020,
and components were available through
June 2020. Currently, there are not any
available replacement PAPRs that meet
the MSHA standard for permissibility.
PAPRs provide a constant flow of
filtered air, which offers respiratory
protection and comfort in hot working
environments. Operators that were
using the Airstream, do not have an
alternative to provide to this type of
protection to its miners.
(c) Greenbrier Minerals, LLC, is
seeking alternatives to the 3M Airstream
helmet to provide miners with
respirable protection against respirable
coal mine and silica dust, a protection
that can provide long-term health
benefits.
(d) Both the CleanSpace EX and 3M
Versaflo TR–800 PAPRs provide a
constant flow of filtered air inside the
half-mask, full mask or helmet. The
airflow provides respiratory protection
and comfort in hot working conditions.
Both PAPRs will be equipped with the
following: Particulate protection
classified as 100 series under 42 CFR
part 84; or Particulate protection
classified as High Efficiency ‘‘HE’’
under 42 CFR part 84.
(e) Greenbrier Minerals LLC is seeking
to continue the use of the CleanSpace
EX PAPR and applying to utilize the 3M
Versaflo TR–800 PAPR within 150 feet
of pillar workings and longwall faces at
the aforementioned mines.
(f) CleanSpace EX.
(1) The CleanSpace EX 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.’’ Due to legal and
regulatory constraints, the TSA
certificate is not accepted by MSHA as
evidence that the PAPR is approved for
use in US mines. The IEC certification
marking that applies to mining, Ex ia I
Ma, is discussed below:
(2) The CleanSpace EX is certified to
be used in hazardous locations (‘‘Ex’’);
meets the most onerous level of intrinsic
safety protection (‘‘ia’’); the level of
protection is acceptable for use in
mining locations (‘‘I’’), and the
Equipment Protection Level appropriate
for mining equipment, that has a ‘‘very
high’’ level of protection, with sufficient
security that it is unlikely to become an
ignition source in normal operation,
during expected malfunctions or during
rare malfunctions, even when left
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energized in the presence of an outbreak
of gas (‘‘Ma’’).
(3) NIOSH researchers, in a paper
titled ‘‘An Evaluation of the Relative
Safety of U.S. Mining ExplosionProtected Equipment Approval
Requirements versus those of
International Standards’’, have
determined that 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 under MSHA
criteria.
(4) The UL certification, TSA
certification and PAFtec listing material
(drawings, certificate and text report)
were found to support the conclusion
that the CleanSpace EX meet the
applicable ‘‘two fault’’ intrinsic safety
requirements for mining equipment as
found in the ANSI/UL standard.
(5) The CleanSpace EX carries an
ingress protection rating of IP66. This
rating exceeds the minimum rating of
IP54 required by the ANSI/UL and IEC
standards for intrinsically safe mining
equipment.
(6) This product is not MSHA
approved, and the manufacturer is not
pursuing approval. The standards for
the approval of this respirator are an
accepted alternative to MSHA’s
standards and provide the same level of
protection.
(g) 3M Versaflo TR–800.
(1) The 3M Versaflo TR–800 PAPR
with motor/blower and battery qualifies
as intrinsically safe, based on reports by
the International Electrotechnical
Commission Systems for Certification to
Standards Relating to Equipment for
Use in Explosive Atmospheres (IECEx).
The blower is UL-certified with an
intrinsically safe rating of Division 1:
Class I, II, III; Division 1: Groups C, D,
E, F, G; T4 under the current standard
of UL 60079; ATEX-certified with a
rating of ‘‘ia’’. The 3M Versaflo TR–800
is rated and marked Ex ia I MA, Ex ia
IIB T4 Ga, Ex ia IIIC 135oC Da; 120 °C
≤ TA ≤ +55 °C.
(2) The 3M Versaflo TR–800 carries an
ingress protection rating of IP64. This
rating exceeds the minimum rating of
IP54 required by the ANSI/UL and IEC
standards for intrinsically safe mining
equipment.
(3) This product is not MSHA
approved, and the manufacturer is not
pursuing approval. The standards for
the approval of this respirator are an
accepted alternative to MSHA’s
standards and provide the same level of
protection.
(h) The alternative method will
guarantee no less than the same measure
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90743
of protection afforded the miners under
the mandatory standard.
The petitioner proposes the following
alternative method:
(a) Affected mine employees shall be
trained in the proper use and
maintenance of the PAPR(s) to be used
at the mine, the 3M Versaflo TR–800
and/or the CleanSpace EX, in
accordance with established
manufacturer guidelines. This training
shall alert the affected employee that
neither the 3M Versaflo TR–800 nor the
CleanSpace EX PAPR is approved under
30 CFR part 18 and therefore shall be
de-energized when 1.0 or more percent
methane is detected. The training shall
also include the proper method to deenergize these PAPRs. In addition to
manufacturer guidelines, MSHA 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 the PDO granted by
MSHA.
(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) The operator shall maintain a
separate logbook for the 3M Versaflo
TR–800 and CleanSpace EX PAPRs that
shall be kept with the equipment, or in
a location with other mine record books
and shall be made available to MSHA
upon request. The equipment shall be
examined at least weekly by a qualified
person as defined in 30 CFR 75.512–1
and the examination results recorded in
the logbook. Since float coal dust is
removed by the air filter prior to
reaching the motor, the PAPR user shall
conduct regular examinations of the
filter and perform periodic testing for
proper operation of the ‘‘high filter load
alarm’’ on the 3M Versaflo TR–800
PAPR, and the ‘‘blocked filter’’ alarm on
the CleanSpace EX PAPR. Examination
entries may be expunged after 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
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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.
(e) All 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
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 should include
any indications of physical damage.
(f) The operator shall ensure that all
3M Versaflo TR–800 and CleanSpace EX
PAPR 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 3M Versaflo TR–800 and
CleanSpace EX PAPR units that will be
used within 150 feet of pillar workings
or longwall faces shall not be put into
service until MSHA has initially
inspected the equipment and
determined that it is in compliance with
all the terms and conditions of the PDO
granted by MSHA.
(h) Prior to energizing the 3M Versaflo
TR–800 or the CleanSpace EX PAPR
within 150 feet of pillar workings or
longwall faces, methane tests shall be
made in accordance with 30 CFR
75.323(a).
(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
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provide visual and audible warnings
when methane is detected in
concentrations at or above 1.0 percent.
(j) A qualified person as defined in 30
CFR 75.151 shall continuously monitor
for methane immediately before and
during the use of the 3M Versaflo TR–
800 or CleanSpace EX PAPR within 150
feet of pillar workings or longwall faces.
(k) Neither the 3M Versaflo TR–800
nor the CleanSpace EX PAPR shall be
used if methane is detected in
concentrations at or above 1.0 percent.
When 1.0 percent or more methane is
detected while the 3M Versaflo TR–800
or CleanSpace EX PAPR is being used,
the equipment shall be de-energized
immediately and the equipment
withdrawn outby the last open crosscut.
(l) The operation and location of the
3M Versaflo TR–800 and CleanSpace EX
PAPRs during underground blasting
operations shall be defined in
accordance with 30 CFR 75.1312(e)(1),
30 CFR 75.1313(b)(1), and
individualized underground blasting
permits approved by the District
Manager.
(m) Only the 3M TR–830 Battery Pack
shall be used, which meets lithium
battery safety standard UL 1642 or IEC
62133, in the 3M Versaflo TR–800
PAPR. Use only the CleanSpace EX
Power Unit, which meets lithium
battery safety standard UL 1642 or IEC
62133, in the CleanSpace EX PAPR.
(n) Before each shift when the 3M
Versaflo TR–800 or CleanSpace EX
PAPR is to be used, all batteries and
power units for the equipment shall be
charged sufficiently for the expected
usage on that shift. If spare 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.
(o) 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
may 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, readily monitored
and located on the surface of the mine.
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-
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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 as per 30 CFR
75.340, or in an area free of combustible
material, readily monitored and located
on the surface of the mine, and only the
manufacturer’s recommended battery
chargers may 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.
(6) Neither the 3M TR–830 Battery
Pack nor the CleanSpace EX PAPR’s
internal battery shall be used at the end
of its life cycle (i.e., when there is a
performance decrease of greater than 20
percent in battery-operated equipment).
The 3M TR–830 Battery Pack and the
CleanSpace EX power unit containing
the internal battery shall be disposed of
properly.
(p) Personnel engaged in the use of
the 3M Versaflo TR–800 and
CleanSpace EX PAPRs shall be properly
trained to recognize the hazards and
limitations associated with the use of
the equipment in areas where methane
could be present. Additionally,
personnel shall be trained regarding
proper procedures for donning selfcontained self rescuers (SCSRs) during a
mine emergency while wearing the 3M
Versaflo TR–800 or CleanSpace EX
PAPR. 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
granted by MSHA becomes final, the
operator shall submit proposed
revisions for its approved 30 CFR part
48 training plans to the Mine Safety and
Health Enforcement District Manager.
These proposed revisions shall specify
initial and refresher training regarding
the terms and conditions stated in the
PDO granted by MSHA. When training
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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.
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90745
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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]]>Agencies
[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90742-90745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26733]
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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.
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SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by
Greenbrier Minerals, 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-
0074 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0074.
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-2024-049-C.
Petitioner: Greenbrier Minerals, LLC, 119 Rich Creek Road, Lyburn,
WV 25632.
Mines: Powellton #1 Mine, MSHA ID No. 46-09217, located in Logan
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located
in Wyoming County, West Virginia; Muddy Bridge, Mine ID No. 46-09514,
located in Logan County, West Virginia; Eagle No.1 Mine, Mine ID No.
46-09563, located in Logan 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 an alternative method of respirable
dust protection. Specifically, the petitioner is requesting to use a
battery powered respirable protection unit called the 3M Versaflo TR-
800 powered air-purifying respirator (PAPR) in addition to the
CleanSpace EX PAPR within 150 feet of pillar workings and longwall
faces.
The petitioner states that:
(a) The petitioner is requesting to utilize the 3M Versaflo TR-800
PAPR in addition to the utilization of the CleanSpace EX PAPR, which
was approved through a previous Proposed Decision and Order (PDO)
granted by MSHA (MSHA Docket Number M-2022-040-C). It should be noted
that North Fork Winifrede Deep Mine, Mine ID No. 46-09583 was included
in the original petition but has been abandoned and will be omitted in
the amended petition.
(b) The 3M Airstream helmet has been used in mines for over 40
years. 3M has recently faced component disruptions for the Airstream
product. This has
[[Page 90743]]
caused 3M to discontinue, globally, the Airstream on June 1, 2020. The
ability to order an Airstream system and components ended in February
2020, and components were available through June 2020. Currently, there
are not any available replacement PAPRs that meet the MSHA standard for
permissibility. PAPRs provide a constant flow of filtered air, which
offers respiratory protection and comfort in hot working environments.
Operators that were using the Airstream, do not have an alternative to
provide to this type of protection to its miners.
(c) Greenbrier Minerals, LLC, is seeking alternatives to the 3M
Airstream helmet to provide miners with respirable protection against
respirable coal mine and silica dust, a protection that can provide
long-term health benefits.
(d) Both the CleanSpace EX and 3M Versaflo TR-800 PAPRs provide a
constant flow of filtered air inside the half-mask, full mask or
helmet. The airflow provides respiratory protection and comfort in hot
working conditions. Both PAPRs will be equipped with the following:
Particulate protection classified as 100 series under 42 CFR part 84;
or Particulate protection classified as High Efficiency ``HE'' under 42
CFR part 84.
(e) Greenbrier Minerals LLC is seeking to continue the use of the
CleanSpace EX PAPR and applying to utilize the 3M Versaflo TR-800 PAPR
within 150 feet of pillar workings and longwall faces at the
aforementioned mines.
(f) CleanSpace EX.
(1) The CleanSpace EX 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.'' Due to legal and regulatory
constraints, the TSA certificate is not accepted by MSHA as evidence
that the PAPR is approved for use in US mines. The IEC certification
marking that applies to mining, Ex ia I Ma, is discussed below:
(2) The CleanSpace EX is certified to be used in hazardous
locations (``Ex''); meets the most onerous level of intrinsic safety
protection (``ia''); the level of protection is acceptable for use in
mining locations (``I''), and the Equipment Protection Level
appropriate for mining equipment, that has a ``very high'' level of
protection, with sufficient security that it is unlikely to become an
ignition source in normal operation, during expected malfunctions or
during rare malfunctions, even when left energized in the presence of
an outbreak of gas (``Ma'').
(3) NIOSH researchers, in a paper titled ``An Evaluation of the
Relative Safety of U.S. Mining Explosion-Protected Equipment Approval
Requirements versus those of International Standards'', have determined
that 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 under MSHA criteria.
(4) The UL certification, TSA certification and PAFtec listing
material (drawings, certificate and text report) were found to support
the conclusion that the CleanSpace EX meet the applicable ``two fault''
intrinsic safety requirements for mining equipment as found in the
ANSI/UL standard.
(5) The CleanSpace EX carries an ingress protection rating of IP66.
This rating exceeds the minimum rating of IP54 required by the ANSI/UL
and IEC standards for intrinsically safe mining equipment.
(6) This product is not MSHA approved, and the manufacturer is not
pursuing approval. The standards for the approval of this respirator
are an accepted alternative to MSHA's standards and provide the same
level of protection.
(g) 3M Versaflo TR-800.
(1) The 3M Versaflo TR-800 PAPR with motor/blower and battery
qualifies as intrinsically safe, based on reports by the International
Electrotechnical Commission Systems for Certification to Standards
Relating to Equipment for Use in Explosive Atmospheres (IECEx). The
blower is UL-certified with an intrinsically safe rating of Division 1:
Class I, II, III; Division 1: Groups C, D, E, F, G; T4 under the
current standard of UL 60079; ATEX-certified with a rating of ``ia''.
The 3M Versaflo TR-800 is rated and marked Ex ia I MA, Ex ia IIB T4 Ga,
Ex ia IIIC 135oC Da; 120 [deg]C <= TA <= +55 [deg]C.
(2) The 3M Versaflo TR-800 carries an ingress protection rating of
IP64. This rating exceeds the minimum rating of IP54 required by the
ANSI/UL and IEC standards for intrinsically safe mining equipment.
(3) This product is not MSHA approved, and the manufacturer is not
pursuing approval. The standards for the approval of this respirator
are an accepted alternative to MSHA's standards and provide the same
level of protection.
(h) The alternative method will guarantee no less than the same
measure of protection afforded the miners under the mandatory standard.
The petitioner proposes the following alternative method:
(a) Affected mine employees shall be trained in the proper use and
maintenance of the PAPR(s) to be used at the mine, the 3M Versaflo TR-
800 and/or the CleanSpace EX, in accordance with established
manufacturer guidelines. This training shall alert the affected
employee that neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR
is approved under 30 CFR part 18 and therefore shall be de-energized
when 1.0 or more percent methane is detected. The training shall also
include the proper method to de-energize these PAPRs. In addition to
manufacturer guidelines, MSHA 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 the PDO granted by MSHA.
(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) The operator shall maintain a separate logbook for the 3M
Versaflo TR-800 and CleanSpace EX PAPRs that shall be kept with the
equipment, or in a location with other mine record books and shall be
made available to MSHA upon request. The equipment shall be examined at
least weekly by a qualified person as defined in 30 CFR 75.512-1 and
the examination results recorded in the logbook. Since float coal dust
is removed by the air filter prior to reaching the motor, the PAPR user
shall conduct regular examinations of the filter and perform periodic
testing for proper operation of the ``high filter load alarm'' on the
3M Versaflo TR-800 PAPR, and the ``blocked filter'' alarm on the
CleanSpace EX PAPR. Examination entries may be expunged after 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
[[Page 90744]]
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.
(e) All 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
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 should include any indications of physical damage.
(f) The operator shall ensure that all 3M Versaflo TR-800 and
CleanSpace EX PAPR 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 3M Versaflo TR-800 and CleanSpace EX PAPR units that will
be used within 150 feet of pillar workings or longwall faces shall not
be put into service until MSHA has initially inspected the equipment
and determined that it is in compliance with all the terms and
conditions of the PDO granted by MSHA.
(h) Prior to energizing the 3M Versaflo TR-800 or the CleanSpace EX
PAPR within 150 feet of pillar workings or longwall faces, methane
tests shall be made in accordance with 30 CFR 75.323(a).
(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 in concentrations at or above 1.0
percent.
(j) A qualified person as defined in 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the 3M Versaflo TR-800 or CleanSpace EX PAPR within 150 feet of
pillar workings or longwall faces.
(k) Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR shall
be used if methane is detected in concentrations at or above 1.0
percent. When 1.0 percent or more methane is detected while the 3M
Versaflo TR-800 or CleanSpace EX PAPR is being used, the equipment
shall be de-energized immediately and the equipment withdrawn outby the
last open crosscut.
(l) The operation and location of the 3M Versaflo TR-800 and
CleanSpace EX PAPRs during underground blasting operations shall be
defined in accordance with 30 CFR 75.1312(e)(1), 30 CFR 75.1313(b)(1),
and individualized underground blasting permits approved by the
District Manager.
(m) Only the 3M TR-830 Battery Pack shall be used, which meets
lithium battery safety standard UL 1642 or IEC 62133, in the 3M
Versaflo TR-800 PAPR. Use only the CleanSpace EX Power Unit, which
meets lithium battery safety standard UL 1642 or IEC 62133, in the
CleanSpace EX PAPR.
(n) Before each shift when the 3M Versaflo TR-800 or CleanSpace EX
PAPR is to be used, all batteries and power units for the equipment
shall be charged sufficiently for the expected usage on that shift. If
spare 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.
(o) 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 may 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, readily monitored and located on the
surface of the mine. 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 as per 30 CFR 75.340, or in an area
free of combustible material, readily monitored and located on the
surface of the mine, and only the manufacturer's recommended battery
chargers may 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.
(6) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX PAPR's
internal battery shall be used at the end of its life cycle (i.e., when
there is a performance decrease of greater than 20 percent in battery-
operated equipment). The 3M TR-830 Battery Pack and the CleanSpace EX
power unit containing the internal battery shall be disposed of
properly.
(p) Personnel engaged in the use of the 3M Versaflo TR-800 and
CleanSpace EX PAPRs shall be properly trained to recognize the hazards
and limitations associated with the use of the equipment in areas where
methane could be present. Additionally, personnel shall be trained
regarding proper procedures for donning self-contained self rescuers
(SCSRs) during a mine emergency while wearing the 3M Versaflo TR-800 or
CleanSpace EX PAPR. 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 granted by MSHA becomes final, the
operator shall submit proposed revisions for its approved 30 CFR part
48 training plans to the Mine Safety and Health Enforcement District
Manager. These proposed revisions shall specify initial and refresher
training regarding the terms and conditions stated in the PDO granted
by MSHA. When training
[[Page 90745]]
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]
BILLING CODE 4520-43-P
