[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Notices]
[Pages 11068-11069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03391]
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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 Signal
Peak Energy, 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-
0017 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2025-0017.
2. Fax: 202-693-9441.
3. Email: petitioncomments@dol.gov.
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),
Petitionsformodification@dol.gov (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-2025-011-C.
Petitioner: Signal Peak Energy, LLC, 100 Portal Dr., Roundup, MT
59072.
Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in
Musselshell County, Montana.
Regulation Affected: 30 CFR 75.507-1(a), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of the
application of 30 CFR 75.507-1(a) to allow the use of an alternative
method of respirable dust protection. Specifically, the petitioner is
seeking modification of the existing standard to permit usage of
Dr[auml]ger X-plore 8700 Powered Air Purifying Respirators (PAPRs) to
be used inby the last open crosscut to protect miners from respirable
dust.
The petitioner states that:
(a) The petitioner currently utilizes 3M Versaflo TR-800 PAPRs,
that were approved for use under a previous
[[Page 11069]]
petition. The company's request to utilize Dr[auml]ger units seeks to
leverage its improved performance, battery life, durability, and air
volume capacity to provide employees with the best protection
available.
(b) Signal Peak Energy's Bull Mountains Mine No. 1 is a non-gassy
mine. Methane and other relevant explosive gases have not been
encountered at the mine.
(c) MSHA-approved permissible PAPRs are widely discontinued.
(d) Although not MSHA approved, the proposed Dr[auml]ger X-plore
8700 PAPR is certified as intrinsically safe to use in explosive or
dusty environments. It is approved with an intrinsically safe (IS)
rating of Class I, Zone 1, AEx ib IIB T4 Gb for explosive gas
environments, and Zone 21, AEx ib IIIB 135 [deg]C Db for combustible
dust environments, under standards including CAN/CSA-C22.2 No. 60079-
11:14 and ANSI/UL 60079-11:13. These certifications ensure the unit's
safe operation in hazardous locations where explosive gases or dusts
may be present.
(e) The standards for approval of these respirators are an
acceptable alternative to MSHA's standards and provide an equivalent
level of protection.
(f) The alternative method will guarantee no less than the same
measure of protection afforded the miners under the mandatory standard.
The petitioner proposes the following alternative method:
(a) Batteries for the Dr[auml]ger X-plore 8700 PAPR shall be
charged only in intake air, either on the surface or underground, and
not within 150 feet of a worked-out area.
(b) Battery inspections and replacements shall be conducted in
intake air, either on the surface or underground.
(c) Appropriate battery packs and chargers shall be used with
Dr[auml]ger X-plore 8700 PAPRs:
(1) Li-Ion ``High Capacity Battery (EX)'', 10.8 V, 6400mAh, P/N
R59575, Um= 18 V DC for charging; or
(2) Li-Ion ``Standard Capacity Battery (EX)'' 10.8 V, 3350mAh, P/N
R59595, Um= 18 V DC for charging.
(d) Miners shall be trained on the safe use, care, and inspection
of the Dr[auml]ger X-plore 8700 PAPR units.
(e) The Dr[auml]ger X-plore 8700 PAPR units shall be assessed for
physical damage before each use.
(f) The Dr[auml]ger X-plore 8700 PAPR shall not be used if methane
is at or above one percent. If methane levels are higher than one
percent, equipment shall immediately be de-energized and removed from
the affected areas.
(g) All qualified and affected personnel shall receive training on
the terms and conditions of the proposed decision and order (PDO)
granted by MSHA prior to utilizing equipment in affected areas. A
record of training shall be kept and provided upon request by an
authorized representative.
(h) There are no representatives of miners at Signal Peak Energy,
LLC, Bull Mountains Mine No. 1. A copy of this petition has been posted
on the bulletin board as of December 20, 2024.
In support of the proposed alternative method, the petitioner has
also submitted: a Dr[auml]ger X-plore 8700 EX Certificate of Compliance
and a Dr[auml]ger X-plore 8700 EX data sheet.
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. 2025-03391 Filed 2-28-25; 8:45 am]
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