Petition for Modification of Application of Existing Mandatory Safety Standards, 99911-99913 [2024-29028]
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
(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 or 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
or 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.
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18:17 Dec 10, 2024
Jkt 265001
(k) The miners at Rockwell Mining
LLC, Eagle #3 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 Rockwell Mining
LLC, Eagle #3 Mine, on November 21,
2024.
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. 2024–29029 Filed 12–10–24; 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 Rockwell
Mining, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before January 10, 2025.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0102 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0102.
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:
FOR FURTHER INFORMATION CONTACT:
Aromie Noe, Office of Standards,
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
S.
99911
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.
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–2024–077–C.
Petitioner: Rockwell Mining, LLC, 250
West Main Street, Suite 2000,
Lexington, KY 40507.
Mine: Eagle #3 Mine, MSHA ID No.
46–09427, located in Wyoming County,
West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a), Permissible electric equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.507–1(a) to allow the use of
unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used
inby the last open crosscut or used in
the return air outby 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
E:\FR\FM\11DEN1.SGM
11DEN1
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99912
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
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) Eagle #3 Mine currently makes
available to all miners NIOSH-approved
high efficiency 100 series respirators to
protect the miners against potential
exposure to respirable coal mine dust,
including crystalline silica, during
normal mining conditions. Eagle #3
Mine desires 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.
(g) On June 17, 2024, MSHA’s final
rule 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 taken into or used
inby the last open crosscut or used in
return air outby 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 or in the return air outby the
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18:17 Dec 10, 2024
Jkt 265001
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 or in the return
air outby 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 that
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
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Frm 00086
Fmt 4703
Sfmt 4703
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 or in the return air outby 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 or 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
E:\FR\FM\11DEN1.SGM
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
or 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 Rockwell Mining,
LLC, Eagle #3 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 Rockwell Mining,
LLC, Eagle #3 Mine, on November 21,
2024.
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. 2024–29028 Filed 12–10–24; 8:45 am]
BILLING CODE 4520–43–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–24–0026; NARA–2025–010]
Public Comment Procedures
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:
The National Archives and
Records Administration (NARA)
publishes notice of certain Federal
agency requests for records disposition
authority (records schedules). We
publish notice in the Federal Register
and on regulations.gov for records
schedules in which agencies propose to
dispose of records they no longer need
to conduct agency business. We invite
public comments on such records
schedules.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
We must receive responses on
the schedules listed in this notice by
January 27, 2025.
ADDRESSES: To view a records schedule
in this notice, or submit a comment on
DATES:
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18:17 Dec 10, 2024
Jkt 265001
one, use the following address: https://
www.regulations.gov/docket/NARA-240026/document. This is a direct link to
the schedules posted in the docket for
this notice on regulations.gov. You may
submit comments by the following
method:
• Federal eRulemaking Portal:
https://www.regulations.gov. On the
website, enter either of the numbers
cited at the top of this notice into the
search field. This will bring you to the
docket for this notice, in which we have
posted the records schedules open for
comment. Each schedule has a
‘comment’ button so you can comment
on that specific schedule. For more
information on regulations.gov and on
submitting comments, see their FAQs at
https://www.regulations.gov/faq.
If you are unable to comment via
regulations.gov, you may email us at
request.schedule@nara.gov for
instructions on submitting your
comment. You must cite the control
number of the schedule you wish to
comment on. You can find the control
number for each schedule in
parentheses at the end of each
schedule’s entry in the list at the end of
this notice.
FOR FURTHER INFORMATION CONTACT:
Eddie Germino, Strategy and
Performance Division, by email at
regulation_comments@nara.gov or at
301–837–3758. For information about
records schedules, contact Records
Management Operations by email at
request.schedule@nara.gov or by phone
at 301–837–1799.
SUPPLEMENTARY INFORMATION:
We are publishing notice of records
schedules in which agencies propose to
dispose of records they no longer need
to conduct agency business. We invite
public comments on these records
schedules, as required by 44 U.S.C.
3303a(a), and list the schedules at the
end of this notice by agency and
subdivision requesting disposition
authority.
In addition, this notice lists the
organizational unit(s) accumulating the
records or states that the schedule has
agency-wide applicability. It also
provides the control number assigned to
each schedule, which you will need if
you submit comments on that schedule.
We have uploaded the records
schedules and accompanying appraisal
memoranda to the regulations.gov
docket for this notice as ‘‘other’’
documents. Each records schedule
contains a full description of the records
at the file unit level as well as their
proposed disposition. The appraisal
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99913
memorandum for the schedule includes
information about the records.
We will post comments, including
any personal information and
attachments, to the public docket
unchanged. Because comments are
public, you are responsible for ensuring
that you do not include any confidential
or other information that you or a third
party may not wish to be publicly
posted. If you want to submit a
comment with confidential information
or cannot otherwise use the
regulations.gov portal, you may contact
request.schedule@nara.gov for
instructions on submitting your
comment.
We will consider all comments
submitted by the posted deadline and
consult as needed with the Federal
agency seeking the disposition
authority. After considering comments,
we may or may not make changes to the
proposed records schedule. The
schedule is then sent for final approval
by the Archivist of the United States.
After the schedule is approved, we will
post on regulations.gov a ‘‘Consolidated
Reply’’ summarizing the comments,
responding to them, and noting any
changes we made to the proposed
schedule. You may elect at
regulations.gov to receive updates on
the docket, including an alert when we
post the Consolidated Reply, whether or
not you submit a comment. If you have
a question, you can submit it as a
comment, and can also submit any
concerns or comments you would have
to a possible response to the question.
We will address these items in
consolidated replies along with any
other comments submitted on that
schedule.
We will post schedules on our
website in the Records Control Schedule
(RCS) Repository, at https://
www.archives.gov/records-mgmt/rcs,
after the Archivist approves them. The
RCS contains all schedules approved
since 1973.
Background
Each year, Federal agencies create
billions of records. To control this
accumulation, agency records managers
prepare schedules proposing retention
periods for records and submit these
schedules for NARA’s approval. Once
approved by NARA, records schedules
provide mandatory instructions on what
happens to records when no longer
needed for current Government
business. The records schedules
authorize agencies to preserve records of
continuing value in the National
Archives or to destroy, after a specified
period, records lacking continuing
administrative, legal, research, or other
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]]>Agencies
[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99911-99913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29028]
-----------------------------------------------------------------------
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
Rockwell Mining, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before January 10, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0102 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0102.
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-2024-077-C.
Petitioner: Rockwell Mining, LLC, 250 West Main Street, Suite 2000,
Lexington, KY 40507.
Mine: Eagle #3 Mine, MSHA ID No. 46-09427, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.507-1(a) to allow the use of unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used inby the last open crosscut or
used in the return air outby 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
[[Page 99912]]
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) Eagle #3 Mine currently makes available to all miners NIOSH-
approved high efficiency 100 series respirators to protect the miners
against potential exposure to respirable coal mine dust, including
crystalline silica, during normal mining conditions. Eagle #3 Mine
desires 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.
(g) On June 17, 2024, MSHA's final rule 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 taken into or used inby the last open
crosscut or used in return air outby 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 or in the
return air outby 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 or in the return air outby 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 that 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 or in the return air
outby 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 or 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
[[Page 99913]]
or 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 Rockwell Mining, LLC, Eagle #3 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 Rockwell Mining, LLC, Eagle #3 Mine, on November 21,
2024.
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. 2024-29028 Filed 12-10-24; 8:45 am]
BILLING CODE 4520-43-P
