Notice2025-13178
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
July 15, 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 133 (Tuesday, July 15, 2025)</title>
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[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Notices]
[Page 31698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13178]
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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 August 14, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0058 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-2025-0058.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#98e8fdecf1ecf1f7f6fbf7f5f5fdf6ecebd8fcf7f4b6fff7ee"><span class="__cf_email__" data-cfemail="ec9c899885988583828f8381818982989fac888380c28b839a">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Ave. NW,
Washington, DC 20210.
Attention: Jessica D. Senk, Acting Director, Office of Standards,
Regulations, and Variances. 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: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#8cdce9f8e5f8e5e3e2ffeae3fee1e3e8e5eae5efedf8e5e3e2cce8e3e0a2ebe3fa"><span class="__cf_email__" data-cfemail="035366776a776a6c6d70656c716e6c676a656a6062776a6c6d43676c6f2d646c75">[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-2025-038-C.
Petitioner: Canyon Fuel Company, LLC, HC35, Box 380, Helper, UT
84526.
Mine: Skyline Mine #3, MSHA ID No. 42-01566, located in Carbon
County, Utah.
Regulation Affected: 30 CFR 75.1002(a), Installation of electric
equipment and conductors; permissibility.
Modification Request: The petitioner requests a modification of 30
CFR 75.1002(a) to permit an alternate method of compliance for
respiratory protection. Specifically, the petitioner proposes to use
the non-MSHA approved Drager X-plore 8000 battery-powered air purifying
respirators (PAPRs), located within 150 feet of pillar workings or
longwall faces.
The petitioner states that:
(a) The Drager X-plore 8000 PAPRs are ergonomically designed for
greater movement in tight spaces and are easy to use and maintain.
(b) The Drager X-plore 8000 provides a constant flow of filtered
air which helps reduce miners' exposure to respirable dust, thus
reducing their health risks.
(c) The interchangeable components of the Drager X-plore 8000 will
help the petitioner customize the system to help meet their specific
needs.
(d) The Drager X-plore 8000 has audible and visual alarms, has a
multi-speed blower, and uses a battery that offers a long run time and
charges quickly.
(e) The Drager X-plore 8000 is intrinsically safe and is certified
by UL under the ANSI/UL 60079-11:13 standard to be used in hazardous
locations.
(f) There are no other MSHA-approved permissible units.
(g) The petitioner is proposing to use the Drager X-plore 8000
PAPRs in conjunction with the 3M Versa Flo units that have already been
approved for use on the Longwall Face.
The petitioner proposes the following alternative method:
(a) The batteries for the PAPRs will be charged outby the last open
crosscut when not in operation.
(b) Batteries will be charged using the Drager standard battery
Charger for the X-plore 8000.
(c) The Drager X-plore 8000 PAPRs will only use the Drager X-plore
8700 battery.
(d) Miners who use the Drager X-plore 8000 PAPRs will be trained in
the proper use and care of the units in accordance with the
manufacturer's instructions.
(e) The Drager X-plore 8000 PAPRs will be checked for physical
damage and the integrity of the case.
(f) If methane is detected in concentrations of 1.0 percent or
more, the procedures in 30 CFR 75.323 will be followed.
The miners at Skyline Mine #3 do not have a representative of
miners. A copy of the petition is posted on the mine bulletin board.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded to the miners under the mandatory standard.
Jessica D. Senk
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2025-13178 Filed 7-14-25; 8:45 am]
BILLING CODE 4520-43-P
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