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-2026-009-C.

Petitioner: Fossil Rock Resources, LLC, 5125 N Cottonwood Road, Orangeville, UT 84537.

Mine: Fossil Rock Mine, MSHA ID No. 42-01211, located in Emery County, Utah.

Regulation Affected:30 CFR 75-500(d), Permissible electric equipment.

Modification Request: The petitioner requests modification of standard 30 CFR 75.500(d) to permit the use of intrinsically safe powered air-purifying respirators (PAPRs) and specified full-face respirators taken into or used inby the last open crosscut at the Fossil Rock Mine.

The petitioner states that:

(a) The petitioner seeks this modification because PAPRs that meet MSHA permissibility requirements for use in gassy underground coal mines are no longer manufactured or commercially available. Fossil Rock Mine has determined that currently available respiratory protection devices that provide equivalent or greater protection from respirable coal mine dust exposure are limited to intrinsically safe PAPRs that meet internationally recognized hazardous-location safety standards rather than MSHA permissibility approvals. Fossil Rock Mine has evaluated available respiratory protection equipment and determined that the devices identified in the petition incorporate intrinsic safety protections and are certified to recognize hazardous-location standards such as ANSI/UL 60079-11. These devices provide positive-pressure respiratory protection and are designed for use in environments where ignition hazards may exist. Because MSHA-approved permissible PAPRs for underground coal mines are discontinued or unavailable, and because the identified intrinsically safe devices provide comparable protection while meeting modern hazardous-location electrical safety standards, the petitioner seeks modification of § 75.500(d) to permit their use under the safeguards described in the petition.

(b) Equipment to be used:

(1) CleanSpace EX—Full-face or half-mask configuration (NIOSH-approved; intrinsically safe).

(2) 3M Versaflo TR-800 PAPR—UL classified to ANSI/UL 60079-11; intrinsically safe.

(3) 3M Ultimate FX Full-Facepiece Respirator—Non-battery-powered.

(c) The proposed respiratory protection devices are designed for use in hazardous underground coal mine environments and incorporate intrinsic ( printed page 38026) safety protections to prevent ignition hazards. The safeguards outlined ensure operational control consistent with the intent of 30 CFR 75.500(d). The requested modification enhances miner protection against respirable dust exposure while maintaining compliance with permissibility principles. The devices provide positive pressure respiratory protection and meet recognized hazardous-location electrical safety standards that ensure protection against ignition hazards.

(d) MSHA has previously granted petitions for modification permitting the use of the 3M Versaflo TR-800 PAPR and the CleanSpace intrinsically safe respiratory protection devices inby the last open crosscut at affiliated underground coal mines operated by Wolverine Fuels, including Skyline Mine and SUFCO Mine. The safeguards and operational limitations proposed in this petition are consistent with those previously approved by MSHA for those operations. The petitioner respectfully requests that MSHA consider these prior approvals when evaluating this petition.

(e) The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard.

The petitioner proposes the following alternative method:

(a) All PAPR battery charging shall occur outby the last open crosscut.

(b) Only manufacturer-approved charging equipment shall be used.

(c) The 3M Versaflo TR-800 shall operate solely with the TR-830 battery pack.

(d) All affected miners shall receive training consistent with the mine's respiratory protection program.

(e) Each unit shall be examined prior to use to ensure housing integrity and operational

readiness.

(f) If methane concentrations reach 1.0 percent or greater, actions shall be taken in accordance with 30 CFR part 75.

(g) The proposed devices shall supplement, not replace, required engineering and administrative dust controls.

(h) Any damaged or malfunctioning respiratory protection equipment shall be immediately removed from service and repaired or replaced in accordance with manufacturer recommendations.

(i) Fossil Rock Mine does not currently have a designated representative of miners and a copies of the petitions for modification have been posted on the official mine bulletin board at Fossil Rock Mine on April 7, 2026.

In support of the petition, the petitioner provided additional information including equipment specifications, intrinsic safety classifications/certifications, operating instructions, and component compatibility for the respiratory protection systems proposed for use at Fossil Rock Mine.

The petitioner asserts that the alternative method will guarantee no less than the same measure of protection afforded the miners under the mandatory standard.

91 FR 38025