Notice2025-03388
Petition for Modification of Application of Existing Mandatory Safety Standards
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
March 3, 2025
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 Canyon Fuel Company, LLC.
Full Text
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<title>Federal Register, Volume 90 Issue 40 (Monday, March 3, 2025)</title>
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[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Notices]
[Pages 11072-11073]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03388]
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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 Canyon
Fuel Company, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before April 2, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0024 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-2025-0024.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#c2b2a7b6abb6abadaca1adafafa7acb6b182a6adaeeca5adb4"><span class="__cf_email__" data-cfemail="a2d2c7d6cbd6cbcdccc1cdcfcfc7ccd6d1e2c6cdce8cc5cdd4">[email protected]</span></a>
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Ave. NW, Washington, DC
20210.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk. 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),
<a href="/cdn-cgi/l/email-protection#540431203d203d3b3a27323b26393b303d323d3735203d3b3a14303b387a333b22"><span class="__cf_email__" data-cfemail="431326372a372a2c2d30252c312e2c272a252a2022372a2c2d03272c2f6d242c35">[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-2025-017-C.
Petitioner: Canyon Fuel Company, LLC, 597 South SR 24, Salina, Utah
84654.
Mine: Sufco Mine, MSHA ID No. 42-00089, located in Sevier County,
Utah.
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 permit an alternate method of compliance for
respiratory protection. Specifically, the petitioner proposes to use
the Drager X-plore 8000 powered air purifying respirator (PAPR) to
protect miners from potential exposure to respirable dust during normal
mining conditions, in return air outby the last open cross cut.
The petitioner states that:
(a) Sufco Mine is proposing to use the Drager X-plore 8000 PAPR in
conjunction with the 3M Versa Flo units that have been approved for
use. The 3M Versa Flo unit is highly used in the medical field which
causes shortage and backorders of filters and other parts of the unit.
Sufco feels that the Drager PAPR would help relieve the issues of
storages and backorders for the 3M Versa Flo unit filters and other
parts, and so that miners will still be provided a method that provides
a direct reduction of miners' exposure to respirable dust, thus
reducing their health risks.
(b) The Drager X-plore 8000 PAPR provides a constant flow of
filtered air to the miners, which provides a direct reduction of
miners' exposure to respirable dust, thus reducing their health risks.
There are no other MSHA-approved units.
(c) The Drager X-plore 8000 PAPRs are ergonomically designed for
greater movement in tight workspaces. This respirator has the following
features: helps protect against certain airborne contaminates; is easy
to use and maintain; has interchangeable components, which will enable
Sufco to customize the PAPR system to help meet the needs of our
specific application; is intrinsically safe; has audible and visual
alarms; has a multi-speed blower; and the battery offers long run time
and charges quickly.
(d) The Drager X-plore 8000 is intrinsically safe and certified by
UL under the ANSI/UL 60079-11:13 standard to be used in hazardous
locations.
(e) The alternative method will provide no less than the same
measure of protection afforded the miners under the existing standard.
The petitioner proposes the following alternative method:
[[Page 11073]]
(a) The batteries for the PAPRs shall be charged outby the last
open crosscut when not in operation.
(b) The batteries shall be charged by the following products:
Drager battery Charger for the X-plore 8000 standard charger.
(c) The Drager X-plore 8000 PAPR shall only use the Drager X-plore
8700 battery.
(d) Affected miners shall be trained in the proper use and care of
the PAPR units in accordance with manufacturers' instructions.
(e) The instrument shall be checked for physical damage and the
integrity of the case.
(f) If methane is detected in concentrations of 1.0 percent or
more, procedures in accordance with 30 CFR 75.323 shall be followed.
(g) There are no representatives of miners at Canyon Fuel Company,
LLC, Sufco Mine. A copy of this petition has been posted on the
bulletin board on December 29, 2024.
In support of the proposed alternative method, the petitioner has
also submitted manufacturer spec sheets for the Drager X-plore PAPR and
certificates of compliance from CSAGroup, a nationally recognized
testing laboratory (NRTL) in the U.S. and an Accredited Certification
Organization by Standards Councils of Canada in Canada.
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. 2025-03388 Filed 2-28-25; 8:45 am]
BILLING CODE 4520-43-P
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