Petitions for Modification of Application of Existing Mandatory Safety Standards
| Citation | 86 FR 33773 |
| Record Number | 2021-13544 |
| Published date | 25 June 2021 |
| Section | Notices |
| Court | Mine Safety And Health Administration |
Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33773-33779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13544]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions 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 includes the summaries of three petitions for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before July 26, 2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Jessica Senk, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. Individuals may inspect copies of the petition and comments
during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [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. Petitions for Modification
Docket Number: M-2021-016-C.
Petitioner: Consol Pennsylvania Coal Company LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania (ZIP 15317).
Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.507-1(a), as it relates to the use of an
alternative method of respirable dust protection for miners at the
Itmann No. 5 Mine in West Virginia. Specifically, the petitioner is
applying to use the 3MTM VersafloTM TR-800
Intrinsically Safe Powered Air Purifying Respirator (PAPR) and the
CleanSpace EX in return air outby the last open crosscut.
The petitioner states that:
(a) Currently the petitioner uses the 3MTM
AirstreamTM 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.
(b) 3M elected to discontinue the 3MTM
AirstreamTM helmet, replacing it with a 3MTM
VersafloTM TR-800 which benefits from additional features
and reduced weight. Because of its reduced weight, it provides
significant ergonomic benefits.
(c) For more than 40 years the 3MTM
AirstreamTM 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. 3M indicated that they had faced multiple key
component supply disruptions for the AirstreamTM product
line that created issues with providing acceptable supply service
levels. Because of those issues, 3M discontinued the
AirstreamTM in June 2020, and this discontinuation is
global.
(d) 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 AirstreamTM components.
(e) Currently there are no replacement 3M PAPRs that meet
applicable MSHA standards for permissibility. Electronic equipment used
in underground mines in potentially explosive atmospheres is required
to be approved by MSHA in accordance with 30 CFR. 3M and other
manufacturers offer alternative products for many other environments
and applications.
(f) Following the discontinuation, mines that currently use the
AirstreamTM do not have an MSHA-approved alternative PAPR to
provide to miners. One of the benefits of 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.
(g) Application of the standard results in a diminution of safety
at the mine.
[[Page 33774]]
(h) The 3MTM VersafloTM TR-800 motor/blower
and battery qualify as intrinsically safe in the U.S., Canada, and any
other country accepting IECEx (International Electrotechnical
Commission System for Certification to Standards Relating to Equipment
for Use in Explosive Atmospheres) reports. The 3MTM
VersafloTM TR-800 has a blower that is UL-certified with an
intrinsically safe (IS) rating of Division 1: IS Class I, II, III;
Division 1 (includes Division 2) Groups C, D, E, F, G; T4, under the
most current standard (UL 60079, 6th Edition, 2013). It is ATEX-
certified with an IS rating of ``ia''. (ATEX refers to European
directives for controlling explosive atmospheres.) It is rated and
marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135[deg]C Da, -20
[deg]C TM VersafloTM TR-
800. It too has been determined to be intrinsically safe.
(j) The 3MTM VersafloTM TR-800 is not MSHA
approved as permissible, and 3M is not pursuing approval.
(k) The CleanSpace EX Power Unit is not MSHA approved as
permissible, and CleanSpace is not pursuing approval.
(l) The standards for approval of these respirators are an
acceptable alternative to MSHA's standards and provide an equivalent
level of protection.
The petitioner proposes the following alternative method:
(a) Affected mine employees must be trained in the proper use and
maintenance of the 3MTM VersafloTM TR-800 and the
CleanSpace EX in accordance with established manufacturer guidelines.
This training shall alert the affected employee that neither the
3MTM VersafloTM TR-800 nor the CleanSpace EX is
approved under 30 CFR part 18 and must 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, the petitioner will 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 this petition.
(b) The PAPRs, battery packs, and all associated wiring and
connections must be inspected 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 must be removed from service.
(c) The operator will maintain a separate logbook for the
3MTM VersafloTM TR-800 and CleanSpace EX PAPRs
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 for proper operation of the
``high filter load alarm'' on the 3MTM VersafloTM
TR-800 and the ``blocked filter'' alarm on the CleanSpace EX.
Examination entries may be expunged after one year.
(d) All 3MTM VersafloTM TR-800 and CleanSpace
EX PAPRs to be used in the return air outby the last open crosscut
shall be physically examined prior to initial use, and each unit will
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 being used according to the
original equipment manufacturer's recommendations and maintained in a
safe operating condition.
(e) The examination for the 3MTM VersafloTM
TR-800 shall include:
i. Check the equipment for any physical damage and the integrity of
the case;
ii. Remove the battery and inspect for corrosion;
iii. Inspect the contact points to ensure a secure connection to
the battery;
iv. Reinsert the battery and power up and shut down to ensure
proper connections;
v. Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
vi. For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swelled in size.
(f) The CleanSpace EX does not have an accessible/removable
battery. The battery and motor/blower assembly are both contained
within the sealed power pack assembly and cannot be removed,
reinserted, or fastened. The pre-use examination is limited to
inspecting the equipment for indications of physical damage.
(g) The operator is to ensure that all 3MTM
VersafloTM TR-800 and CleanSpace EX PAPRs are serviced
according to the manufacturer's recommendations. Dates of service will
be recorded in the equipment's log book and shall include a description
of the work performed.
(h) The 3MTM VersafloTM TR-800 and CleanSpace
EX PAPRs that will be used in the return air outby the last open
crosscut, or in areas where methane may enter the air current, 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 Decision and Order.
(i) Prior to energizing the 3MTM VersafloTM
TR-800 or the CleanSpace EX in the return air outby the last open
crosscut, methane tests must be made in accordance with 30 CFR
75.323(a).
(j) 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 must provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) A qualified person as defined in 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the 3MTM VersafloTM TR-800 or CleanSpace EX in
the return air outby the last open crosscut or in areas where methane
may enter the air current.
(l) Neither the 3MTM VersafloTM TR-800 nor
the CleanSpace EX shall be used if methane is detected in
concentrations at or above 1.0 percent. When 1.0 percent or more of
methane is detected while the 3MTM VersafloTM TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized
immediately and the equipment withdrawn outby the last open crosscut.
(m) The petitioner will use only the 3MTM TR-830 Battery
Pack, which meets lithium battery safety standard UL 1642 or IEC 62133
in the 3MTM VersafloTM TR-800. The petitioner
will use only the CleanSpace EX Power Unit which meets lithium battery
safety standard UL 1642 or IEC 62133 in the CleanSpace EX.
(n) The battery packs must be ``changed out'' in intake air outby
the last open crosscut. Before each shift when the 3MTM
VersafloTM TR-800 or CleanSpace EX is to be used, all
batteries and power units for the equipment must be charged
sufficiently so that they are not expected to be replaced on that
shift.
(o) The following maintenance and use conditions shall apply to
equipment containing lithium-type batteries:
i. Always correctly use and maintain the lithium-ion battery packs.
Neither the 3MTM TR-830 Battery Pack nor the CleanSpace EX
Power Unit may be
[[Page 33775]]
disassembled or modified by anyone other than persons permitted by the
manufacturer of the equipment.
ii. The 3MTM TR-830 Battery Pack must only be charged in
an area free of combustible material, readily monitored, and located on
the surface of the mine. The 3MTM TR-830 Battery Pack is to
be charged by either:
a. 3MTM Battery Charger Kit TR-641N, which includes one
3MTM Charger Cradle TR-640 and one 3MTM Power
Supply TR-941N, or
b. 3MTM 4-Station Battery Charger Kit TR-644N, which
includes four 3MTM Charger Cradles TR-640 and one
3MTM 4-Station Battery Charger Base/Power Supply TR-944N.
iii. The CleanSpace EX Power Unit is to be charged only by the
CleanSpace Battery Charger EX, Product Code PAF-0066.
iv. The batteries must not be allowed to get wet. This does not
preclude incidental exposure of sealed battery packs.
v. The batteries shall not be used, charged, or stored in locations
where the manufacturer's recommended temperature limits are exceeded.
The batteries must not be placed in direct sunlight or used or stored
near a source of heat.
(p) Personnel engaged in the use of the 3MTM
VersafloTM TR-800 and CleanSpace EX PAPRs shall be properly
trained to recognize the hazards and limitations associated with the
use of the equipment in areas where methane could be present.
Additionally, personnel shall be trained regarding proper procedures
for donning Self Contained Self Rescuers (SCSRs) during a mine
emergency while wearing the 3MTM VersafloTM TR-
800 or CleanSpace EX. The mine operator shall submit proposed revisions
to update the Mine Emergency Evacuation and Firefighting Program of
Instruction under 30 CFR 75.1502 to address this issue.
(q) Within 60 days after the Decision and Order 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 Decision and
Order. When training is conducted on the terms and conditions in the
Decision and Order, 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
3MTM VersafloTM TR-800 or CleanSpace EX.
(r) All personnel who will be involved with or affected by the use
of the 3MTM VersafloTM TR-800 or CleanSpace EX
shall receive training in accordance with 30 CFR 48.7 on the
requirements of the Decision and Order within 60 days of the date the
Decision and Order becomes final. Such training must be completed
before any 3MTM VersafloTM TR-800 or CleanSpace
EX can be used in return air outby the last open crosscut. The operator
shall keep a record of such training and provide such record to MSHA
upon request.
(s) The operator shall provide annual retraining to all personnel
who will be involved with or affected by the use of the 3MTM
VersafloTM TR-800 or CleanSpace EX in accordance with 30 CFR
48.8. The operator shall train new miners on the requirements of the
Decision and Order in accordance with 30 CFR 48.5 and shall train
experienced miners on the requirements of the Decision and Order in
accordance with 30 CFR 48.6. The operator shall keep a record of such
training and provide such record to MSHA upon request.
(t) The operator shall post the Decision and Order 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.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-017-C.
Petitioner: Consol Pennsylvania Coal Company LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania (ZIP 15317).
Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming
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 for miners at the
Itmann No. 5 Mine in West Virginia. Specifically, the petitioner is
applying to use the 3MTM VersafloTM TR-800
Intrinsically Safe Powered Air Purifying Respirator (PAPR), and the
CleanSpace EX in or inby the last crosscut.
The petitioner states that:
(a) Currently the petitioner uses the 3MTM
AirstreamTM 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.
(b) 3M elected to discontinue the 3M TM
AirstreamTM helmet, replacing it with a 3MTM
VersafloTM TR-800 unit which benefits from additional
features and reduced weight. Because of its reduced weight, it provides
significant ergonomic benefits.
(c) For more than 40 years the 3MTM
AirstreamTM 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. 3M indicated that they had faced multiple key
component supply disruptions for the AirstreamTM product
line that created issues with providing acceptable supply service
levels. Because of those issues, 3M discontinued the
AirstreamTM in June 2020 and this discontinuation is global.
(d) 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 AirstreamTM components.
(e) Currently there are no replacement 3M PAPRs that meet
applicable MSHA standards for permissibility. Electronic equipment used
in underground mines in potentially explosive atmospheres is required
to be approved by MSHA in accordance with 30 CFR. 3M and other
manufacturers offer alternative products for many other environments
and applications.
(f) Following the discontinuation, mines that currently use the
AirstreamTM do not have an MSHA-approved alternative PAPR to
provide to miners. One of the benefits of 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.
(g) Application of the standard results in a diminution of safety
at the mine.
(h) The 3MTM VersafloTM TR-800 motor/blower
and battery qualify as intrinsically safe in the US, Canada, and any
other country accepting IECEx (International Electrotechnical
Commission System for Certification to Standards Relating to Equipment
for Use in Explosive Atmospheres) reports. The 3MTM
VersafloTM TR-800 has a blower that is UL-certified with an
intrinsically safe (IS) rating of Division 1: IS Class I, II, III;
Division 1 (includes Division 2) Groups C, D, E, F, G; T4, under the
most current standard (UL 60079, 6th Edition, 2013). It is ATEX-
certified with an IS rating of ``ia''. (ATEX refers to European
directives for controlling explosive atmospheres.) It is rated and
marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135[deg]C Da, -
20[deg]C
[[Page 33776]]
TM VersafloTM TR-
800. It too has been determined to be intrinsically safe.
(j) The 3MTM VersafloTM TR-800 is not MSHA
approved as permissible, and 3M is not pursuing approval.
(k) The CleanSpace EX Power Unit is not MSHA approved as
permissible, and CleanSpace is not pursuing approval.
(l) The standards for approval of these respirators are an
acceptable alternative to MSHA's standards and provide an equivalent
level of protection.
The petitioner proposes the following alternative method:
(a) Affected mine employees must be trained in the proper use and
maintenance of the 3MTM VersafloTM TR-800 and the
CleanSpace EX in accordance with established manufacturer guidelines.
This training shall alert the affected employee that neither the
3MTM VersafloTM TR-800 nor the CleanSpace EX is
approved under 30 CFR part 18 and must 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, the petitioner will 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 this petition.
(b) The PAPRs, battery packs, and all associated wiring and
connections must be inspected 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 must be removed from service.
(c) The operator will maintain a separate logbook for the
3MTM VersafloTM TR-800 and
CleanSpace EX PAPRs 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 for
proper operation of the ``high filter load alarm'' on the
3MTM VersafloTM TR-800 and the ``blocked filter''
alarm on the CleanSpace EX. Examination entries may be expunged after
one year.
(d) All 3MTM VersafloTM 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 will 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 being used according to the original equipment
manufacturer's recommendations and maintained in a safe operating
condition.
(e) The examination for the 3M TMVersafloTM
TR-800I shall include:
i. Check the equipment for any physical damage and the integrity of
the case;
ii. Remove the battery and inspect for corrosion;
iii. Inspect the contact points to ensure a secure connection to
the battery;
iv. Reinsert the battery and power up and shut down to ensure
proper connections;
v. Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
vi. For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swelled in size.
(f) The CleanSpace EX does not have an accessible/removable
battery. The battery and motor/blower assembly are both contained
within the sealed power pack assembly and cannot be removed,
reinserted, or fastened. The pre-use examination is limited to
inspecting the equipment for indications of physical damage.
(g) The operator is to ensure that all 3MTM
VersafloTM TR-800 and CleanSpace EX PAPRs are serviced
according to the manufacturer's recommendations. Dates of service will
be recorded in the equipment's log book and shall include a description
of the work performed.
(h) The 3MTM VersafloTM TR-800 and CleanSpace
EX PAPRs that will be used inby the last open crosscut, or in areas
where methane may enter the air current, 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 Decision and
Order.
(i) Prior to energizing the 3MTM VersafloTM
TR-800 or the CleanSpace EX inby the last open crosscut, methane tests
must be made in accordance with 30 CFR 75.323(a).
(j) 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 must provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) A qualified person as defined in 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the 3MTM VersafloTM TR-800 or CleanSpace EX in
the return air inby the last open crosscut or in areas where methane
may enter the air current.
(l) Neither the 3MTM VersafloTM TR-800 nor
the CleanSpace EX shall be used if methane is detected in
concentrations at or above 1.0 percent. When 1.0 percent or more of
methane is detected while the 3MTM VersafloTM TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized
immediately and the equipment withdrawn outby the last open crosscut.
(m) The petitioner will use only the 3MTM TR-830 Battery
Pack, which meets lithium battery safety standard UL 1642 or IEC 62133,
in the 3MTM VersafloTM TR-800. The petitioner
will use only the CleanSpace EX Power Unit which meets lithium battery
safety standard UL 1642 or IEC 62133 in the CleanSpace EX.
(n) The battery packs must be ``changed out'' in intake air outby
the last open crosscut. Before each shift when the 3MTM
VersafloTM TR-800 or CleanSpace EX is to be used, all
batteries and power units for the equipment must be charged
sufficiently so that they are not expected to be replaced on that
shift.
(o) The following maintenance and use conditions shall apply to
equipment containing lithium-type batteries:
i. Always correctly use and maintain the lithium-ion battery packs.
Neither the 3MTM TR-830 Battery Pack nor the CleanSpace EX
Power Unit may be disassembled or modified by anyone other than persons
permitted by the manufacturer of the equipment.
ii. The 3MTM TR-830 Battery Pack must only be charged in
an area free of combustible material, readily monitored, and located on
the surface of the mine. The 3MTM TR-830 Battery Pack is to
be charged by either:
a. 3MTM Battery Charger Kit TR-641N, which includes one
3MTM Charger Cradle TR-640 and one 3MTM Power
Supply TR-941N, or
b. 3MTM 4-Station Battery Charger Kit TR-644N, which
includes four 3MTM Charger Cradles TR-640 and one
3MTM 4-Station Battery Charger Base/Power Supply TR-944N.
iii. The CleanSpace EX Power Unit is to be charged only by the
CleanSpace
[[Page 33777]]
Battery Charger EX, Product Code PAF-0066.
iv. The batteries must not be allowed to get wet. This does not
preclude incidental exposure of sealed battery packs.
v. The batteries shall not be used, charged, or stored in locations
where the manufacturer's recommended temperature limits are exceeded.
The batteries must not be placed in direct sunlight or used or stored
near a source of heat.
(p) Personnel engaged in the use of the 3MTM
VersafloTM TR-800 and CleanSpace EX PAPRs shall be properly
trained to recognize the hazards and limitations associated with the
use of the equipment in areas where methane could be present.
Additionally, personnel shall be trained regarding proper procedures
for donning Self Contained Self Rescuers (SCSRs) during a mine
emergency while wearing the 3MTM VersafloTM TR-
800 or CleanSpace EX. The mine operator shall submit proposed revisions
to update the Mine Emergency Evacuation and Firefighting Program of
Instruction under 30 CFR 75.1502 to address this issue.
(q) Within 60 days after the Decision and Order 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 Decision and
Order. When training is conducted on the terms and conditions in the
Decision and Order, 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
3MTM VersafloTM TR-800 or CleanSpace EX.
(r) All personnel who will be involved with or affected by the use
of the 3MTM VersafloTM TR-800 or CleanSpace EX
shall receive training in accordance with 30 CFR 48.7 on the
requirements of the Decision and Order within 60 days of the date the
Decision and Order becomes final. Such training must be completed
before any 3MTM VersafloTM TR-800 or CleanSpace
EX can be used inby the last open crosscut. The operator shall keep a
record of such training and provide such record to MSHA upon request.
(s) The operator shall provide annual retraining to all personnel
who will be involved with or affected by the use of the 3MTM
VersafloTM TR-800 or CleanSpace EX in accordance with 30 CFR
48.8. The operator shall train new miners on the requirements of the
Decision and Order in accordance with 30 CFR 48.5 and shall train
experienced miners on the requirements of the Decision and Order in
accordance with 30 CFR 48.6. The operator shall keep a record of such
training and provide such record to MSHA upon request.
(t) The operator shall post the Decision and Order 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.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-018-C.
Petitioner: Consol Pennsylvania Coal Company LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania (ZIP 15317).
Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors: permissibility).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1002(a), as it relates to the use of an
alternative method of respirable dust protection for miners at the
Itmann No. 5 Mine in West Virginia. Specifically, the petitioner is
applying to use the 3MTM VersafloTM TR-800
Intrinsically Safe Powered Air Purifying Respirator (PAPR) and the
CleanSpace EX within 150 feet of pillar workings or longwall faces.
The petitioner states that:
(a) Currently the petitioner uses the 3MTM
AirstreamTM 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.
(b) 3M elected to discontinue the 3MTM
AirstreamTM helmet, replacing it with a 3MTM
VersafloTM TR-800 which benefits from additional features
and reduced weight. Because of its reduced weight, it provides
significant ergonomic benefits.
(c) For more than 40 years the 3MTM
AirstreamTM 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. 3M indicated that they had faced 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 AirstreamTM in June
2020 and this discontinuation is global.
(d) 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 AirstreamTM components.
(e) Currently there are no replacement 3M PAPRs that meet MSHA
standards for permissibility. Electronic equipment used in underground
mines in potentially explosive atmospheres is required to be approved
by MSHA in accordance with 30 CFR. 3M and other manufacturers offer
alternative products for many other environments and applications.
(f) Following the discontinuation, mines that currently use the
AirstreamTM do not have an MSHA-approved alternative PAPR to
provide to miners. One of the benefits of 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.
(g) Application of the standard results in a diminution of safety
at the mine.
(h) The 3MTM VersafloTM TR-800 motor/blower
and battery qualify as intrinsically safe in the US, Canada, and any
other country accepting IECEx (International Electrotechnical
Commission System for Certification to Standards Relating to Equipment
for Use in Explosive Atmospheres). The 3MTM
VersafloTM TR-800 has a blower that is UL-certified with an
intrinsically safe (IS) rating of Division 1: IS Class I, II, III;
Division 1 (includes Division 2) Groups C, D, E, F, G; T4, under the
most current standard (UL 60079, 6th Edition, 2013). ATEX-certified
with an IS rating of ``ia''. (ATEX refers to European directives for
controlling explosive atmospheres.) It is rated and marked with Ex ia I
Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135 [deg]C Da, -20 [deg]C TM VersafloTM TR-
800. It too has been determined to be intrinsically safe.
(j) The 3MTM VersafloTM TR-800 is not MSHA
approved as permissible, and 3M is not pursuing approval.
(k) The CleanSpace EX Power Unit is not MSHA approved as
permissible, and CleanSpace is not pursuing approval.
(l) The standards for approval of these respirators are an
acceptable alternative to MSHA's standards and provide an equivalent
level of protection.
[[Page 33778]]
The petitioner proposes the following alternative method:
(a) Affected mine employees must be trained in the proper use and
maintenance of the 3MTM VersafloTM TR-800 and the
CleanSpace EX PAPRs in accordance with established manufacturer
guidelines. This training shall alert the affected employee that
neither the 3MTM VersafloTM TR-800 nor the
CleanSpace EX is approved under 30 CFR part 18 and must 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, the petitioner will 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 this petition.
(b) The PAPRs, battery packs, and all associated wiring and
connections must be inspected 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 must be removed from service.
(c) The operator will maintain a separate logbook for the
3MTM VersafloTM TR-800 and CleanSpace EX PAPRs
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 for proper operation of the
``high filter load alarm'' on the 3MTM VersafloTM
TR-800 F and the ``blocked filter'' alarm on the CleanSpace EX.
Examination entries may be expunged after one year.
(d) All 3MTM VersafloTM TR-800 and CleanSpace
EX PAPRs to be used on the longwall face or within 150 feet of pillar
workings shall be physically examined prior to initial use, and each
unit will 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 being used according
to the original equipment manufacturer's recommendations and maintained
in a safe operating condition.
(e) The examination for the 3MTM VersafloTM
TR-800I shall include:
i. Check the equipment for any physical damage and the integrity of
the case;
ii. Remove the battery and inspect for corrosion;
iii. Inspect the contact points to ensure a secure connection to
the battery;
iv. Reinsert the battery and power up and shut down to ensure
proper connections;
v. Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
vi. For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swelled in size.
(f) The CleanSpace EX does not have an accessible/removable
battery. The battery and motor/blower assembly are both contained
within the sealed power pack assembly and cannot be removed,
reinserted, or fastened. The pre-use examination is limited to
inspecting the equipment for indications of physical damage.
(g) The operator is to ensure that all 3MTM
VersafloTM TR-800 and CleanSpace EX PAPRs are serviced
according to the manufacturer's recommendations. Dates of service will
be recorded in the equipment's log book and shall include a description
of the work performed.
(h) The 3M VersafloTM TR-800 and CleanSpace EX PAPRs
that will be used on the longwall face or within 150 feet of pillar
workings, or in areas where methane may enter the air current, 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 Decision and Order.
(i) Prior to energizing the 3MTM VersafloTM
TR-800 or the CleanSpace EX inby the last open crosscut, methane tests
must be made in accordance with 30 CFR 75.323(a).
(j) 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 must provide visual and audible
warnings when methane is detected at or above 1.0 percent.
(k) A qualified person as defined in 30 CFR 75.151 shall
continuously monitor for methane immediately before and during the use
of the 3MTM VersafloTM TR-800 or CleanSpace EX on
the longwall face or within 150 feet of pillar workings or in areas
where methane may enter the air current.
(l) Neither the 3MTM VersafloTM TR-800 nor
the CleanSpace EX shall be used if methane is detected in
concentrations at or above 1.0 percent. When 1.0 percent or more of
methane is detected while the 3MTM VersafloTM TR-
800 or CleanSpace EX is being used, the equipment shall be de-energized
immediately and the equipment withdrawn outby the last open crosscut.
(m) The petitioner will use only the 3MTM TR-830 Battery
Pack, which meets lithium battery safety standard UL 1642 or IEC 62133,
in the 3MTM VersafloTM TR-800. The petitioner
will use only the CleanSpace EX Power Unit which meets lithium battery
safety standard UL 1642 or IEC 62133 in the CleanSpace EX.
(n) The battery packs must be ``changed out'' in intake air outby
the last open crosscut. Before each shift when the 3MTM
VersafloTM TR-800 or CleanSpace EX is to be used, all
batteries and power units for the equipment must be charged
sufficiently so that they are not expected to be replaced on that
shift.
(o) The following maintenance and use conditions shall apply to
equipment containing lithium-type batteries:
i. Always correctly use and maintain the lithium-ion battery packs.
Neither the 3MTM TR-830 Battery Pack nor the CleanSpace EX
Power Unit may be disassembled or modified by anyone other than persons
permitted by the manufacturer of the equipment.
ii. The 3MTM TR-830 Battery Pack must only be charged in
an area free of combustible material, readily monitored, and located on
the surface of the mine. The 3MTM TR-830 Battery Pack is to
be charged by either:
a. 3MTM Battery Charger Kit TR-641N, which includes one
3MTM Charger Cradle TR-640 and one 3MTM Power
Supply TR-941N, or,
b. 3MTM 4-Station Battery Charger Kit TR-644N, which
includes four 3MTM Charger Cradles TR-640 and one
3MTM 4-Station Battery Charger Base/Power Supply TR-944N.
iii. The CleanSpace EX Power Unit is to be charged only by the
CleanSpace Battery Charger EX, Product Code PAF-0066.
iv. The batteries must not be allowed to get wet. This does not
preclude incidental exposure of sealed battery packs.
v. The batteries shall not be used, charged or stored in locations
where the manufacturer's recommended temperature limits are exceeded.
The batteries must not be placed in direct sunlight or used or stored
near a source of heat.
(p) Personnel engaged in the use of the 3MTM
VersafloTM TR-800 and CleanSpace EX PAPRs shall be properly
trained to recognize the hazards and
[[Page 33779]]
limitations associated with the use of the equipment in areas where
methane could be present. Additionally, personnel shall be trained
regarding proper procedures for donning Self Contained Self Rescuers
(SCSRs) during a mine emergency while wearing the 3MTM
VersafloTM TR-800 or CleanSpace EX. The mine operator shall
submit proposed revisions to update the Mine Emergency Evacuation and
Firefighting Program of Instruction under 30 CFR 75.1502 to address
this issue.
(q) Within 60 days after the Decision and Order 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 Decision and
Order. When training is conducted on the terms and conditions in the
Decision and Order, 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
3MTM VersafloTM TR-800 or CleanSpace EX PAPR.
(r) All personnel who will be involved with or affected by the use
of the 3MTM VersafloTM TR-800 or CleanSpace EX
shall receive training in accordance with 30 CFR 48.7 on the
requirements of the Decision and Order within 60 days of the date the
Decision and Order becomes final. Such training must be completed
before any 3MTM VersafloTM TR-800 or CleanSpace
EX can be used on the longwall face or within 150 feet of pillar
workings. The operator shall keep a record of such training and provide
such record to MSHA upon request.
(s) The operator shall provide annual retraining to all personnel
who will be involved with or affected by the use of the 3MTM
VersafloTM TR-800 or CleanSpace EX in accordance with 30 CFR
48.8. The operator shall train new miners on the requirements of the
Decision and Order in accordance with 30 CFR 48.5 and shall train
experienced miners on the requirements of the Decision and Order in
accordance with 30 CFR 48.6. The operator shall keep a record of such
training and provide such record to MSHA upon request.
(t) The operator shall post the Decision and Order 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.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-13544 Filed 6-24-21; 8:45 am]
BILLING CODE 4520-43-P
