Notice2023-17620
Petition for Modification of Application of Existing Mandatory Safety Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2023
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 88 Issue 157 (Wednesday, August 16, 2023)</title>
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[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55730-55732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17620]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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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 the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before September 15,
2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0041 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2023-0041.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#275742534e534e484944484a4a424953546743484b09404851"><span class="__cf_email__" data-cfemail="82f2e7f6ebf6ebedece1edefefe7ecf6f1c2e6edeeace5edf4">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk in Suite 4E401. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#f3a396879a879a9c9d80959c819e9c979a959a9092879a9c9db3979c9fdd949c85"><span class="__cf_email__" data-cfemail="da8abfaeb3aeb3b5b4a9bcb5a8b7b5beb3bcb3b9bbaeb3b5b49abeb5b6f4bdb5ac">[email protected]</span></a> (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-2023-011-C.
Petitioner: Peabody Twentymile Coal Mining, LLC, 29515 Routt County
Road 27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electrical
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of 30
CFR 75.500(d) to permit the use of Versaflo TR-800 and CleanSpace EX
powered respirators, nonpermissible battery powered air-purifying
respirators (PAPR) on the longwall face or within 150 feet of pillar
workings.
The petitioner states that:
(a) The mine utilizes the continuous mining method.
(b) Petitioner uses the 3M Airstream PAPR under an existing
decision and order to provide additional protection for its miners
against exposure to respirable coal mine dust on the long wall faces.
(c) 3M discontinued the Airstream PAPR June 1, 2020, due to
disruption in their component supply.
(d) Currently, there is no PAPRs that meets MSHA's permissibility
requirements. The 3M Versaflo TR-800 PAPR is available, but it is not
permissible, and 3M is currently not pursuing approval.
(e) The Versaflo TR-800 motor/blower and battery qualify as
intrinsically safe in the U.S., Canada, and countries that accept the
International Electrotechnical Commission System for Certification to
Standards Relating to Equipment for Use in Explosive Atmosphere
(IECEx). The Versaoflo TR-800 motor/blower is UL-certified with an
intrinsically safe (IS) rating of Division 1: IS Class I, II, III;
Division 1 (includes Division 2) Groups C, D, E, F, G; T4, under the
most current standard (UL 60079, 6* Edition, 2013). It is also ATEX-
certified with an intrinsically safe (IS) rating of ``ia.'' The
Versaflo TR-800 is also rated and marked with Ex ia, I Ma, Ex ia IIB T4
Ga, Ex ia IIIC 135''C Da, -20 [deg]C < Ta < +55''C, under the current
standard (IEC 60079).
(f) The CleanSpace EX PAPR is not currently approved as permissible
by MSHA and CleanSpace is pursuing approval.
(g) The CleanSpace EX PAPR is certified by TestSafe Australia (TSA)
according to the IEC 60079-0:2011 (General Requirements) and IEC 60079-
11:2011 (Intrinsic Safety) standards. The certificate, issued to PAFtec
Australia Pty Ltd (PAFtec), allows PAFtec to mark the device as ``Ex ib
IIB T4 Gb'' and ``Ex ia I Ma.'' Therefore, the CleanSpace EX has been
determined to be intrinsically safe under IECEx and other international
standards.
(h) In 2017, the National Institute for Occupational Safety and
Health (NIOSH) published ``An Evaluation of the Relative Safety of U.S.
Mining Explosion-Protected Equipment Approval Requirements versus those
of International Standards'' in which NIOSH determined that electrical
and electronic equipment which meets two-fault intrinsic safety as
defined in the
[[Page 55731]]
ANSI/UL 60079 standard would provide at least an equivalent level of
safety as that provided by equipment approved to MSHA permissibility
standards.\1\
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\1\ William Calder, David P. Snyder, John F. Burr, (2017). An
Evaluation of the Relative Safety of U.S. Mining Explosion-Protected
Equipment Approval Requirements versus those of International
Standards, Transactions of Society for Mining, Metallurgy, and
Exploration, Inc, 342, 43-50.
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(i) The UL certification, TSA certification and PAFtec listing
material (drawings, certificate and text report) were found to support
the conclusion that the Versaflo TR-800 and the CleanSpace EX meet the
applicable ``two fault'' intrinsic safety requirements for mining
equipment as found in the ANSI/UL standard.
(j) The Versaflo TR-800 carries an ingress protection (IP) rating
of IP64. The CleanSpace EX carries an IP rating of IP66. Both ratings
exceed the minimum rating of IP54 required by the ANSI/UL and IEC
standards for intrinsically safe mining equipment.
The petitioner proposes the following alternative method:
(a) The PAPRs, including battery packs, all associated wiring and
connections shall be inspected before use to determine if there is any
damage to the units that would negatively impact intrinsic safety. If
any defect is found, the PAPR shall be removed from service.
(b) The operator shall maintain a separate logbook for each of the
PAPRs that shall be kept with the equipment, or in a location with
other mine record books and shall be made available to MSHA upon
request. The equipment shall be examined at least weekly by a qualified
person as defined in 30 CPR 75.512-1 and the examination results shall
be recorded in the logbook. Since float coal dust is removed by the air
filter prior to reaching the motor, the PAPR user shall conduct regular
examinations of the filter and perform periodic testing for proper
operation of the ``high filter load alarm'' on the Versaflo TR-800, and
the ``blocked filter'' alarm on the CleanSpace EX PAPR. Examination
entries shall be maintained for at least one year.
(c) All Versaflo TR-800 and CleanSpace EX PAPR to be used on the
longwall face or within 150 feet of pillar workings shall be physically
examined prior to initial use and each PAPR shall be assigned a unique
identification number. Each PAPR shall be examined by the person to
operate the equipment prior to taking the equipment underground to
ensure the equipment is being used according to the original equipment
manufacturer's recommendations and maintained in a safe operating
condition.
(d) The examinations for the Versaflo TR-800 shall include:
1. Check the equipment for any physical damage and the integrity
of the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to
the battery;
4. Reinsert the battery and power up and shut down to ensure
proper connections; and
5. Check the battery compartment cover or battery attachment to
ensure that it is securely fastened; and.
6. For equipment utilizing lithium type cells, ensure that
lithium cells and/or packs are not damaged or swelled in size.
(e) The CleanSpace EX does not have an accessible or removeable
battery. The battery and motor assembly are both contained within the
sealed power pack assembly and cannot be removed, reinserted, or
fastened. The pre-use examination is limited to inspecting the
equipment for indications of physical damage.
(f) The operator shall ensure that all Versaflo TR-800 and
CleanSpace EX units are serviced according to the manufacturer's
recommendations. Dates of service shall be recorded in the equipment's
logbook and shall include a description of the work performed.
(g) The Versaflo TR-800 and CleanSpace EX PAPRs used on the
longwall face or within 150 feet of pillar workings, or in areas where
methane may enter the air current, shall not be put in service until
MSHA has initially inspected the equipment and determined that it is in
compliance with the proposed decision and order (PDO).
(h) Methane tests shall be made in accordance with 30 CFR 75.323(a)
before taking or energizing the Versaflo TR-800 or the CleanSpace EX
used on the longwall face or within 150 feet of pillar workings.
(i) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition as defined by
30 CFR 75.320. All methane detectors shall provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(j) A qualified person as defined in existing 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the Versaflo TR-800 or CleanSpace EX used on the longwall face or
within 150 feet of pillar workings.
(k) Neither the Versaflo TR-800 nor the CleanSpace EX shall be used
in methane concentrations detected at or above 1.0 percent methane.
When 1.0 percent or more of methane is detected while the Versaflo TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized
immediately and the equipment withdrawn outby the last open crosscut.
(l) The Versaflo TR-800 PAPRs only use the 3M TR-830 Battery Pack,
which meets lithium battery safety standard UL 1642 or IEC 62133. The
CleanSpace EX PAPRs shall use the CleanSpace EX Power Unit, which meets
lithium battery safety standard UL 1642 or IEC 62133.
(m) The battery packs must be ``changed out'' in intake air outby
the last open crosscut. Before each shift when the Versaflo TR-800 or
CleanSpace EX is to be used, all batteries and power units for the
equipment must be charged sufficiently so that they are not expected to
be replaced on that shift.
(n) The following maintenance and use conditions shall apply to the
Versaflo TR-800 or the CleanSpace EX containing lithium-type batteries:
1. The petitioner shall always correctly use and maintain the
lithium-ion battery packs. Neither the 3M TR-830 Battery Pack nor
the CleanSpace EX Power Unit may be dissembled or modified by anyone
other than permitted by the manufacturer of the equipment.
2. The 3M TR-830 Battery Pack must only be charged in an area
free of combustible material, readily monitored and located on the
surface of the mine. The 3M TR-830 Battery Pack is to be charged by
either:
i. 3M Battery Charger Kit TR-641N, which includes one 3M Charger
Cradle TR-640 and one 3M Power Supply TR-941N, or,
ii. 3M 4-Station Battery Charger Kit TR-644N, which includes
four 3M Charger Cradles TR-640 and one 3M 4-Station Battery Charger
Base/Power Supply TR-944N.
3. The CleanSpace EX Power Unit is to be charged only by the
CleanSpace Battery Charger EX, Product Code PAF-0066.
4. The batteries shall be kept dry and shall not be exposed to
water. This does not preclude incidental exposure of sealed battery
packs.
5. The batteries shall not be used, charged, or stored in
locations where the manufacturer's recommended temperature limits
are exceeded. The batteries shall not be placed in direct sunlight
or used or stored near a source of heat.
6. The battery shall not be used at the end of its life cycle
(e.g. when there is a performance decrease of greater than 20
percent in battery operated equipment). The battery must be disposed
of properly.
(o) Affected mine employees must be trained in the proper use and
maintenance of the Versaflo TR-800 and the CleanSpace EX PAPRs in
accordance with established manufacturer guidelines. This training
shall alert the affected employees to recognize the hazards and
limitations associated with the use of the
[[Page 55732]]
equipment in areas where methane could be present and that neither the
Versaflo TR-800 nor the CleanSpace EX is approved under 30 CFR part 18.
The affected mine employees shall also be trained to de-energize the
PAPRs when 1.0 or more percent methane is detected. The training shall
also include the proper method to de-energize these PAPRs. In addition
to manufacturer guidelines, mine employees shall be trained to inspect
the units before use to determine if there is any damage to the PAPRs
that would negatively impact intrinsic safety as well as all
stipulations in the PDO.
(p) Mine employees shall be trained regarding proper procedures for
donning Self-Contained Self Rescuers (SCSRs) during a mine emergency
while wearing the Versaflo TR-800 or CleanSpace EX. The mine operator
shall submit proposed revisions to update the Mine Emergency Evacuation
and Firefighting Program of Instruction under 30 CFR 75.1502.
(q) Within 60 days after the PDO becomes final, the operator shall
submit proposed revisions for its approved 30 CFR part 48 training
plans to the MSHA District Manager. These proposed revisions shall
specify initial and refresher training regarding the terms and
conditions stated in this Decision and Order. When training is
conducted on the terms and conditions in the PDO, an MSHA Certificate
of Training (Form 5000-23) shall be completed. Comments shall be
included on the Certificate of Training indicating that the training
received was for use of the Versaflo TR-800 or CleanSpace EX.
(r) All personnel who will be involved with or affect by the use of
the Versaflo TR-800 or CleanSpace EX shall receive training in
accordance with 30 CFR 48.7 on the requirement of this Order within 60
days of the date this Order becomes final. Such training shall be
completed before any Versaflo TR-800 or CleanSpace EX can be used in
electronic equipment must be permissible and maintained in a
permissible condition when such equipment is located 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 Versaflo TR-800
or CleanSpace EX in accordance with 30 CFR 48.8. The operator shall
train new miners on the requirements of the PDO in accordance with 30
CFR 48.5 and shall train experienced miners on its requirements of the
PDO in accordance with 30 CFR 48.6. The operator shall keep a record of
such training and provide such record to MSHA upon request.
(t) The final PDO shall be posted in unobstructed locations on the
bulletin boards and/or in other conspicuous places where notices to
miners are ordinarily posted, for a period of not less than 60
consecutive days.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-17620 Filed 8-15-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on August 16, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.