Notice2025-17705
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
September 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 Century Mining, LLC.
Full Text
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<title>Federal Register, Volume 90 Issue 176 (Monday, September 15, 2025)</title>
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[Federal Register Volume 90, Number 176 (Monday, September 15, 2025)]
[Notices]
[Pages 44400-44402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17705]
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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
Century Mining, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before October 15, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0323 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-2025-0323.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#760613021f021f191815191b1b131802053612191a58111900"><span class="__cf_email__" data-cfemail="572732233e233e383934383a3a323923241733383b79303821">[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,
[[Page 44401]]
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 202-693-9440 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#431326372a372a2c2d30252c312e2c272a252a2022372a2c2d03272c2f6d242c35"><span class="__cf_email__" data-cfemail="08586d7c617c6167667b6e677a65676c616e616b697c616766486c6764266f677e">[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-2025-054-C.
Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, WV
26238.
Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.500(d), as it relates to the use of an
alternative method of respirable dust protection at the Longview Mine.
Specifically, the petitioner is applying to use the battery powered
respirable protection unit 3M Versaflo TR-800 in or inby the last open
crosscut as an alternative to the now discontinued 3M Airstream.
The petitioner states that:
(a) The petitioner is seeking an alternative to the 3M Airstream
helmet to provide miners with respirable protection against coal mine
dust, a protection that can provide long-term health benefits.
(b) The 3M Airstream helmet has been used in mines for over 40
years. 3M has recently faced component disruptions for the Airstream
product. This has caused 3M to discontinue, globally, the Airstream on
June 1, 2020. The ability to order an Airstream system and components
ended in February 2020 and components were available through June 2020.
(c) Currently, there are not any available replacement PAPRs
(positive pressure air-purifying respirators) that meet the MSHA
standard for permissibility.
(d) PAPRs provide a constant flow of filtered air, which offers
respiratory protection and comfort in hot working environments.
(e) Operators that were using the Airstream do not have an
alternative to provide this type of protection to its miners.
(f) 3M Versaflo TR-800:
(1) The TR-800 is a PAPR blower with battery rated at Division I
for Classes I, II, and III under the most current UL standard (UL
60079, 6th Edition, 2013); NIOSH-approved PAPR system. The 3M Versaflo
Powered Air Purifying Respirator TR-800 Motor/Blower, with the 3M
Battery Pack TR-830 attached, has been tested and classified for
intrinsic safety in Hazardous Locations (Exia) by Underwriters
Laboratory (UL) for the following: Exia Division 1: IS Class I, II,
III; Division 1 (Includes Division 2), Groups C, D, E, F, G; T4; Ex ia
I Ma; Class I, Zone 0, AEx ia IIB, T4; Class I, Zone 0, Ex ia IIB, T4;
Zone 20, AEx ia IIIC, T135; Zone 20, Ex ia IIIC, T135; -20 [deg]C <= Ta
<= 55 [deg]C.
(g) This unit is not MSHA approved, and the manufacturer is not
pursuing approval. The standards for the approval of this respirator
are an accepted alternative to MSHA's standards and provide the same
level of protection.
The petitioner proposes the following alternative method:
(a) Affected mine employees will be trained in the proper use and
maintenance of the PAPR in accordance with the established manufacturer
guidelines. In addition to manufacturer guidelines, it will be required
that mine employees be trained to inspect the unit before each use to
determine if there is any damage or defects to the unit that would
negatively impact intrinsic safety. This inspection shall include all
associated wiring and connections and shall take place prior to the
equipment being taken underground.
(b) If, during the inspection, it is determined that there is
damage that may negatively impact the intrinsic safety, the PAPR will
be immediately removed from service.
(c) The PAPR user shall conduct daily examinations of the filter
and replace as needed.
(d) When fitting a new filter on the PAPR, the manufacturer's
instructions will be followed.
(e) PAPR units will not be charged underground.
(f) A qualified person under 30 CFR 75.151 will monitor for methane
as is required by the standard in the affected areas of the mine.
(g) All requirements of 30 CFR 75.323 shall be complied with. The
PAPR shall not be used if methane is detected in concentrations at or
above 1.0 percent methane. When 1.0 percent or more methane is detected
while the PAPR is being used, the equipment shall be de-energized
immediately. When 1.5 percent or more methane is detected, the PAPR
shall be withdrawn from the affected area outby the last open crosscut.
(h) Employees will be trained on how to properly use and take care
of the PAPR according to manufacturer guidelines as well as all
stipulations as related to the Proposed Decision and Order (PDO)
granted by MSHA. Qualified miners will receive training regarding the
information in the PDO granted by MSHA before using equipment in the
relevant part of the mine. A record of the training will be kept and
available upon request. Within 60 days of the PDO granted by MSHA
becoming finalized, the petitioner will submit proposed revisions to 30
CFR 75.370, mine ventilation, to be approved under the 30 CFR part 48
training plan by the Coal Mine Safety and Health District Manager. The
revisions will specify initial and refresher training and when the
training is conducted, an MSHA Certificate of Training (Form 5000-23)
will be completed. Comments will be made on the certificate to note
non-permissible testing equipment training.
There are no representatives of miners at Century Mining, LLC,
Longview Mine. A copy of this petition has been posted on the bulletin
board as of August 28, 2025.
In support of the proposed alternative method, the petitioner has
also submitted specification tables for the 3M Versaflo TR-800 PAPR.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection
[[Page 44402]]
afforded the miners under the mandatory standard.
Jessica D. Senk,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2025-17705 Filed 9-12-25; 8:45 am]
BILLING CODE 4520-43-P
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