FR 2025-02771

The document under review is a public notice issued by the Mine Safety and Health Administration (MSHA), calling for comments on a petition submitted by Blue Diamond Mining, LLC. The petition seeks to alter existing safety standards related to the use of Powered Air Purifying Respirators (PAPRs) in mines. The modification request specifically targets two types of PAPRs, the CleanSpace EX and 3M Versaflo TR-800, both of which are deemed intrinsically safe but not currently approved by MSHA. Comments are being solicited from the public until March 21, 2025.

General Summary

The notice primarily details Blue Diamond Mining’s request to use non-MSHA-approved PAPRs in certain mining operations, arguing that these devices offer effective protection against harmful dust and are especially beneficial for miners who have facial hair. The petition outlines the specifics of these PAPRs, including their safety certifications and the context of their use. It also establishes a set of proposed conditions under which the devices would be used, such as inspection protocols, training requirements, and battery safety practices.

Significant Issues or Concerns

Several issues emerge from this document that merit attention:

1. Lack of MSHA Approval: One of the primary concerns is that the PAPRs in question are not MSHA-approved. This raises questions about why the manufacturers, 3M and CleanSpace, do not seek this regulatory approval, which is generally a stringent requirement to ensure miner safety.

2. Terminology and Ambiguity: The term "inby the last open crosscut" is used several times without definition. This technical jargon, not clarified in the document, could lead to confusion among readers who are not familiar with mining-specific terminology.

3. Administrative Burden: The petition requires the maintenance of a separate logbook for these devices, potentially introducing an additional administrative load on mine operators, which could be viewed as burdensome.

4. Technical Complexity: The document utilizes complex language, especially in sections that describe battery charging stations. These could be simplified to make them more accessible to a general audience.

5. Justification for Modification: The petition does not adequately explain why the chosen PAPRs are preferable over traditional methods beyond the benefit to miners with facial hair or those who cannot use tight-fitting respirators.

Impact on the Public

This document is relevant to anyone involved or interested in mining operations, public health and safety, or regulatory measures. Broadly, it illustrates a scenario where industry needs may drive changes in established safety practices, engaging the public in the decision-making process by inviting comments.

Impact on Specific Stakeholders

• Miners: The outcome of this petition could directly influence miners' health and safety equipment options, especially benefiting those who experience discomfort with conventional respirators.

• Mine Operators: If approved, this modification would require operators to implement additional training and monitoring systems, which could impact operational procedures and costs.

• Manufacturers: 3M and CleanSpace stand to gain an expanded market for their products, although their lack of enthusiasm for seeking MSHA approval raises questions about their commitment to regulatory compliance.

• Regulatory Bodies: There could be broader implications for regulatory agencies like MSHA, as approvals for such modifications might set precedents for future petitions regarding non-approved equipment.

In conclusion, while this petition seeks to improve miner safety through enhanced respiratory protection options, it must balance administrative simplicity, technical clarity, and compliance with existing safety standards. Public engagement through comments will be crucial in shaping the decision.