Notice2025-04717
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 20, 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 Sunrise Coal, LLC.
Full Text
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<title>Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025)</title>
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[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13213-13214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04717]
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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
Sunrise Coal, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before April 21, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0029 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-2025-0029.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#631306170a170a0c0d000c0e0e060d171023070c0f4d040c15"><span class="__cf_email__" data-cfemail="d4a4b1a0bda0bdbbbab7bbb9b9b1baa0a794b0bbb8fab3bba2">[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#5e0e3b2a372a3731302d38312c33313a3738373d3f2a3731301e3a313270393128"><span class="__cf_email__" data-cfemail="e5b580918c918c8a8b96838a97888a818c838c8684918c8a8ba5818a89cb828a93">[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-2025-022-C.
Petitioner: Sunrise Coal, LLC, 1183 East Canvasback Drive, Terre
Haute, Indiana 47802.
Mine: Oaktown Fuels Mine No. 1, MSHA ID No. 12-02394, located in
Knox County, Indiana; Oaktown Fuels Mine No. 2, MSHA ID No. 12-02418,
located in Knox County, Indiana.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of the
standard to allow the use of unapproved Power Air Purifying Respirators
(PAPRs) in or inby the last open crosscut. Specifically, the petitioner
is requesting to utilize the CleanSpace EX PAPR and sealed motor/
blower/battery 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 based on reports by the International
Electrotechnical Commission System 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 MA, Ex ia IIB T4 Ga,
Ex ia IIIC 135oC Da; 120oC<TA<55oC.
(b) The CleanSpace EX PAPR is certified to be used in hazardous
locations (``Ex'') and meets the most onerous level of intrinsic safety
protection (``ia''). This level of protection is acceptable for use in
mining locations (``I'') and the Equipment Protection Level is
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'').
(c) Both the CleanSpace EX and the 3M Versaflo TR-800 PAPRs provide
a constant flow of air inside the headtop or helmet. This airflow
provides respiratory protection and comfort in hot working conditions.
(d) Since the 3M Airstream Headgear-mounted PAPR system has been
discontinued by the manufacturer, there are no other MSHA-approved
units available for use inby the last open crosscut.
(e) Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR is
MSHA approved as permissible, and neither the 3M nor CleanSpace is
pursuing MSHA approval.
(f) Sunrise Coal, LLC, currently makes available to all miners
NIOSH-Approved high efficiency 100 series respirators to protect the
miners against potential exposure to respirable dust, including
crystalline silica, during normal mining conditions. Sunrise Coal, LLC,
would like to expand the miner's option in choosing a respirator for
protection as well as comfort. Powered PAPR's provide a constant flow
of filtered air and serves that purpose. 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 will provide a solution for the miners
who are unable to wear a tight-fitting respirator.
(g) The alternate method proposed by the petitioner will at all
times guarantee no less than the same measure of protection under the
mandatory 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. A record of
such training shall be kept and provided upon request.
(b) The PAPRs, battery packs, and all associated wiring connections
shall be inspected before use to determine if there was any damage to
the unit that would negatively impact intrinsic safety. If any defects
are found, the PAPR shall be removed from service.
(c) A record book shall be maintained for the 3M Versaflo TR-800
and CleanSpace EX PAPRs that shall be kept
[[Page 13214]]
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 exam results recorded and
maintained for one year.
(d) All 3M Versaflo TR-800 and CleanSpace EX PAPRs to be used inby
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 the equipment is
used according to the original equipment manufacturer's recommendations
and maintained in a safe operating condition. The examination for the
3M 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 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.
(e) 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 shall include any indications of physical damage.
(f) All 3M Versaflo TR-800 and CleanSpace EX PAPR units shall be
serviced according to the manufacturer's recommendations.
(g) Prior to energizing and during use of the 3M Versaflo TR-800 or
the CleanSpace EX PAPR inby the last open crosscut, procedures in
accordance with 30 CFR 75.323 shall be followed.
(h) All battery changes for the 3M Versaflo TR-800 PAPR shall occur
in intake air outby the last open crosscut.
(i) When not in operation, the batteries for the 3M Versaflo TR-800
and the CleanSpace EX PAPRS shall be charged on the surface or in
intake air outby the last open crosscut.
(j) Qualified miners shall receive training on how to safely use,
care for, and inspect the PAPRs, and the PDO granted by MSHA before
using the equipment in the relevant part of the mine. A record of the
training shall be kept and made available upon request.
(k) The miners at Sunrise Coal, LLC, are not represented by a labor
organization and there are no representatives of miners at the mine. A
copy of this revised petition has been posted on the bulletin board at
Sunrise Coal, LLC, on February 11, 2025.
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. 2025-04717 Filed 3-19-25; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on March 20, 2025.
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