[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Notices]
[Pages 11073-11076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03393]
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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
Peabody Twentymile Mining, 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-
0020 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2025-0020.
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-2025-014-C.
Petitioner: Peabody Twentymile Mining, LLC, 29515 Routt County Road
27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.500(d), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.500(d) to permit alternative methods of compliance to permit the
use of additional respiratory dust protection. Specifically, the
petitioner proposes to use the Drager X-plore 8700 powered air
purifying respirator (PAPR).
The petitioner states that:
(a) The Foidel Creek Mine is located at 29515 Routt County Road 27,
Oak Creek, Colorado 80467. The mine's contact person is Terry Morson,
Safety Manager. The Foidel Creek Mine is a typical western drift mine
that opened in 1983. The mine has four portals and three shafts into
the Wadge Seam, the latter consisting of two intake portals and one
return portal. There is also one inner seam return shaft to the Wolf
Creek Seam.
(b) The mine employs approximately 150 personnel underground and 49
on the surface, including office employees. The mine operates 2 shifts,
7 days a week. There is one longwall section in the Wolf Creek Seam,
985 feet long, approximately 9 feet in mining height, with the panel
approximately 9,000 feet long. A longwall crew of 7 miners typically
operates on the graveyard shift, seven days per week, and a second
longwall crew frequently works on dayshift. A continuous mining machine
(CMM) crew of 8 miners working seven days per week on the graveyard
shift extracts coal using the room and pillar method, and a second CMM
crew works frequently on the dayshift. The mine's total production was
91,038 tons during the 4th quarter of 2023. Total methane liberation in
the 2nd quarter of FY 2023 was 174,495 cubic feet per day.
(c) Conveyor belts transport coal out of the mine. Diesel-powered
mantrips are used to transport miners in and out of the mine.
(d) The mine is ventilated by the following three fans:
(1) 5 MN Fan--Buffalo Forge, Model MS-1 28/16, RPM: 880/1,180,
Diameter: 110 inches, HP: 3,000, Volts: 4,160, Water Gage: 11.1 inches,
Axial Vane, Running.
(2) Bleeder Tap Fan--National Turbine, Model NT 122206, RPM: 3,000,
Diameter: 12 inches, HP: 125, Volts: 480, Not recorded, Multi-stage
pump, Running.
(3) 0 Entry Fan--Jeffery Model 84UA96, RPM: 1,195, Diameter: 96
inches, HP: 1,000, Volts: 4,160, Water Gage: 9.4 inches, Axial Vane,
Idle.
(e) Peabody seeks modification of 30 CFR 75.500(d), as it pertains
to use of
[[Page 11074]]
battery-powered respirable protection in its continuous miner sections.
(f) Peabody currently uses the 3M Airstream helmet to provide
additional protection for its miners against exposure to respirable
coal mine dust. There are clear long-term health benefits from using
such technology.
(g) For more than 40 years the 3M Airstream Headgear-Mounted PAPR
System has been used by many mine operators to help protect their
workers. During those years there have been technological advancements
in products and services for industrial applications. Recently 3M has
indicated that they have been facing multiple key component supply
disruptions for the Airstream product line that have created issues
with providing acceptable supply service levels. Because of those
issues, 3M discontinued the Airstream by June 1, 2020, and that this
discontinuation is global.
(h) 3M announced that February 2020 was the final time to place an
order for systems and components and that June 2020 was the final date
to purchase Airstream components.
(i) Currently there are no replacement 3M PAPRs that meet
applicable U.S. Mine Safety and Health Administration (MSHA) standards
for permissibility. Electronic equipment used in underground mines in
potentially explosive atmospheres is required to be approved by MSHA
per 30 CFR. 3M and other manufacturers do offer alternative products
for many other environments and applications.
(j) Following that discontinuation, mines that used the Airstream
did not have an MSHA-approved alternative PAPR to provide to miners.
One of the benefits of the PAPRs is that they provide a constant flow
of air inside the headtop or helmet. This constant airflow helps to
provide both respiratory protection and comfort in hot working
environments.
(k) Twentymile previously filed Petitions to permit the use of the
Versaflow TR-800 Intrinsically Safe Powered Air Purifying Respirator
and the Clean Space EX PAPR at Docket No. M-2023-009-C. Such petition
was granted on November 18, 2024.
(l) Twentymile now seeks approval to use the Drager X-plore 8700
PAPR.
(m) The Drager X-plore 8700 is certified by CSA Group according to
the ANSI 60079-0:2022 (General Requirements) and 60079-13 (intrinsic
Safety) standards. The certificate, issued to Drager Safety AG&Co. KG,
Ex ib III B 135 [deg]C DB, Class 1, Zone 1, AEx ib IIB T4 Gb and Zone
21, AEx ib IIIB 135 [deg]C DB. It is intrinsically safe. It uses a
Drager LBT 04xx LI-ION Battery Pack.
(n) NIOSH researchers in a paper titled ``An Evaluation of the
Relative Safety of U.S. Mining Explosion-Protected Equipment Approval
Requirements versus those of International Standards'' have determined
that equipment which meets two-fault intrinsic safety as defined in the
ANSI/UL 60079 standard would provide at least an equivalent level of
safety as that provided by equipment approved to MSHA criteria.
(o) The certifications, listing material (drawings, certificate and
text report) were found to support the conclusion that the Drager X-
plore 8700 (EX) meets the applicable ``two fault'' intrinsic safety
requirements for mining equipment as found in the ANSI/UL standard.
(p) The Drager X-plore 8700 (EX) Unit is not MSHA approved as
permissible and Drager is not pursuing approval.
(q) The standards for approval of these respirators are an
acceptable alternative to MSHA's standards and provide an equivalent
level of protection.
(r) Peabody believes the Drager unit will perform similarly to the
Versaflow in terms of interference with the proximity detector as long
as the manufacturer's guidelines in reproduction are met.
(s) The alternate method proposed by the petitioner will at all
times guarantee no less than the same measure of protection afforded
the miners under the mandatory standard.
The petitioner proposes the following alternative method:
(a) Affected mine employees shall be trained in the proper use and
maintenance of the Drager X-plore 8700 (EX) in accordance with
established manufacturer guidelines. This training shall alert the
affected employee that the Drager X-plore 8700 (EX) is not approved
under 30 CFR part 18 and shall be de-energized when 1.0 or more percent
methane is detected. The training shall also include the proper method
to de-energize these PAPRs. In addition to manufacturer guidelines,
MSHA shall require that mine employees be trained to inspect the units
before use to determine if there is any damage to the units that would
negatively impact intrinsic safety as well as all stipulations in the
proposed decision and order (PDO) granted by MSHA.
(b) The PAPRs, battery packs, all associated wiring and connections
shall be inspected by a qualified person before use to determine if
there is any damage to the units that would negatively impact intrinsic
safety. If any defects are found, the PAPR shall be removed from
service.
(c) Each PAPR shall be assigned a unique identification number. The
operator shall maintain a separate logbook for the Drager Xplore 8700
(EX) that shall be kept with the equipment, or in a location 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 examination results recorded in the
logbook. Since float coal dust is removed by the air filter prior to
reaching the motor, the PAPR user shall conduct regular examinations of
the filter and perform periodic testing any alarms concerning the
filter. Examination entries may be expunged after one year.
(d) The mine shall stock an adequate supply of replacement filters.
(e) All Drager X-plore 8700 (EX) shall be physically examined prior
to initial use by a qualified person as defined in 30 CFR 75.151. Each
unit shall be examined by the person to operate the equipment prior to
taking the equipment underground to ensure the equipment is being used
according to the original equipment manufacturer's recommendations and
maintained in a safe operating condition. The examinations for the
Drager Xplore 8700 (EX) 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 a secure 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.
(f) The operator shall ensure that all Drager X-plore 8700 (EX)
units are serviced according to the manufacturer's recommendations.
Dates of service shall be recorded in the equipment's log book and
shall include a description of the work performed.
(g) The Drager X-plore 8700 (EX) units to be located shall not be
put into service until MSHA has initially inspected the equipment and
determined that it is in compliance with all the terms and conditions
of the PDO granted by MSHA.
(h) Prior to energizing the Drager X-plore 8700 (EX) in areas where
permissible equipment is required, methane tests shall be made in
accordance with 30 CFR 75.323(a).
[[Page 11075]]
(i) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition as defined by
30 CFR 75.320. All methane detectors shall provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(j) A qualified person as defined in existing 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the Drager X-plore 8700 (EX) when such equipment is located where
permissible equipment is required.
(k) The Drager X-plore 8700 (EX) shall not be used if methane is
detected in concentrations at or above 1.0 percent methane. When 1.0
percent or more of methane is detected while the Drager X-plore 8700
(EX) is being used, the equipment shall be de-energized immediately and
the equipment withdrawn from the affected area.
(l) Use only Li-Ion High Capacity Battery or Li-Ion standard
capacity battery (EX), which meets lithium battery safety standard UL
1642 or IEC 62133.
(m) The battery packs shall be ``changed out'' in intake air.
Before each shift when the Drager X-plore 8700 (EX) is to be used, all
batteries and power units for the equipment shall be charged
sufficiently so that they are not expected to be replaced on that
shift.
(n) The following maintenance and use conditions shall apply to
equipment containing lithium-type batteries:
(1) Always correctly use and maintain the lithium-ion battery
packs. The battery pack may be disassembled or modified by anyone other
than permitted by the manufacturer of the equipment.
(2) The battery pack shall only be charged in an area free of
combustible material, readily monitored and located on the surface of
the mine. The battery pack shall be charged by only using the
manufacturer's recommended charger.
(3) The batteries shall not be allowed to get wet or immersed in
liquid. This does not preclude incidental exposure of sealed battery
packs.
(4) The batteries shall not be used, charged or stored in locations
where the manufacturer's recommended temperature limits are exceeded.
The batteries shall not be placed in direct sunlight or used or stored
near a source of heat.
(5) The battery shall not be used at the end of its life cycle
(e.g., when there is a performance decrease of greater than 20 percent
in battery operated equipment). The battery shall be disposed of
properly.
(6) Follow the manufacturer's recommendations and instructions.
Check and monitor each unit's run time. Observe and notate the initial
run time that a new fully charged battery provides for powering the
unit. A record of the initial run time and the date shall be made by a
trained and competent person. This record shall not be expunged on an
annual basis but shall be retained until the PAPR and/or the battery is
retired from service.
(7) Routinely check the battery's charge status.
(8) Routinely monitor batteries that are approaching the end of
their estimated service life.
(9) Remove the battery from service when the following conditions
are met:
(i) The battery run time drops below 80 percent of the new battery
run time; or
(ii) The battery charge time increases significantly.
(10) Follow the storage instructions as recommended by the
manufacturer. If the instructions were not followed for a battery
stored or otherwise unused for an extended period or the battery has no
charge remaining, consider it to be damaged. Do not attempt to recharge
it or to use it. Remove it from service and replace it with a new
battery.
(o) Personnel engaged in the use of the Drager X-plore 8700 (EX)
shall be properly trained to recognize the hazards and limitations
associated with the use of the equipment in areas where methane could
be present. Affected mine employees shall also be trained to properly
position their proximity detection system/miner wearable component (PDS
MWC) at least six inches from their PAPR's battery/motor blower or
battery/power unit to prevent interference. Additionally, personnel
shall be trained regarding proper procedures for donning self-contained
self-rescuers (SCSRs) during a mine emergency while wearing the Drager
X-plore 8700 (EX). The mine operator shall submit proposed revisions to
update the Mine Emergency Evacuation and Firefighting Program of
Instruction under 30 CFR 75.1502.
(p) Within 60 days after the PDO granted by MSHA becomes final, the
operator shall submit proposed revisions for its approved 30 CFR part
48 training plans to the Mine Safety and Health Enforcement District
Manager. These proposed revisions shall specify initial and refresher
training regarding the terms and conditions stated in the PDO granted
by MSHA. When training is conducted on the terms and conditions in the
PDO granted by MSHA, an MSHA Certificate of Training (Form 5000-23)
shall be completed. Comments shall be included on the Certificate of
Training indicating that the training received was for use of the
Drager X-plore 8700 (EX).
(q) All personnel who will be involved with or affected by the use
of the Drager X-plore 8700 (EX) shall receive training in accordance
with 30 CFR 48.7 on the requirements of the PDO granted by MSHA within
60 days of the date the PDO granted by MSHA becomes final. Such
training shall be completed before any Drager X-plore 8700 (EX) can be
used in areas where equipment must be permissible and such miners will
be located. The operator shall keep a record of such training and
provide such record to MSHA upon request.
(r) The operator shall provide annual retraining to all personnel
who will be involved with or affected by the use of the Drager Xplore
8700 (EX) in accordance with 30 CFR 48.8. The operator shall train new
miners on the requirements of the PDO granted by MSHA in accordance
with 30 CFR 48.5 and shall train experienced miners on the requirements
of the PDO granted by MSHA in accordance with 30 CFR 48.6. The operator
shall keep a record of such training and provide such record to MSHA
upon request.
(s) The operator shall post the PDO granted by MSHA in unobstructed
locations on the bulletin boards and/or in other conspicuous places
where notices to miners are ordinarily posted, for a period of not less
than 60 consecutive days. Unless specifically mentioned herein, nothing
in the PDO granted by MSHA changes or supersedes the requirements
otherwise imposed by the Mine Act, other mandatory standards or
regulations, or approved plans. The petitioner shall include the above
terms and conditions in the initial and annual refresher training as
required in its approved Part 48 training plans to ensure that miners
are aware of the stipulations contained in the PDO granted by MSHA.
(t) The miners at Foidel Creek are not represented by a labor
organization and the Amended Petition is posted on the mine bulletin
board as of January 8, 2025.
In support of the proposed alternative method, the petitioner has
also submitted a copy of the PDO for the previously filed petition to
permit the use of the Versaflow TR-800 PAPR and the Clean Space EX PAPR
(Docket No. M-2023-009-C), manufacturer spec sheets for the Drager X-
plore 8700 PAPR and certificates of compliance from CSAGroup.
The petitioner asserts that the alternative method will guarantee
no
[[Page 11076]]
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. 2025-03393 Filed 2-28-25; 8:45 am]
BILLING CODE 4520-43-P