[Federal Register Volume 90, Number 74 (Friday, April 18, 2025)]
[Notices]
[Pages 16567-16569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06721]
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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 3M
Company.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 19, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0039 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2025-0039.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 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,
[[Page 16568]]
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (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-2025-003-M.
Petitioner: 3M Company, 18750 Minnesota Road, Corona, CA 92881.
Mine: 3M Corona Plant, MSHA ID No. 04-00191, located in Riverside
County, California.
Regulation Affected: 30 CFR 56.13020, Use of compressed air.
Modification Request: The petitioner requests a modification of 30
CFR 56.13020 to implement a clothes cleaning booth process that has
been jointly developed with and successfully tested by the National
Institute for Occupational Safety and Health (NIOSH). The process
utilizes controlled compressed air for the purpose of cleaning miners'
dust laden clothing.
The petitioner states that:
(a) Contaminated worker clothing can be a major contributor to
increased employee dust exposure based on data obtained from NIOSH.
(b) The petitioner wants to install three clothes cleaning booths
at the 3M Corona Plant.
(c) The clothes cleaning process uses a regulated compressed air
nozzle manifold at less than 30 pounds per square inch to blow dust
from a worker's clothing. The process is performed in an enclosed
booth, capturing the dust and then delivering it to a stack located
outside the plant.
(d) The booth is under negative pressure with air moving downward
away from the worker's breathing zone and no dust escapes to
contaminate the work environment or other workers.
(e) The worker entering the booth is required to wear full indirect
vented safety goggles, hearing protection, and a half mask respirator.
(f) No significant safety or health concerns have been identified
because the eyes are protected by full seal goggles; the skin is
protected by work clothes; hearing is protected by plugs or muffs; the
lungs are protected by a respirator; and air is limited to 30 pounds
per square inch, which is the Occupational Safety and Health
Administration (OSHA) limit for cleaning purposes.
(g) Air monitoring has shown minimal to no respirable dust
contamination inside the respirator during this process.
(h) Testing showed no increase in respirable dust levels anywhere
inside the plant.
The petitioner proposes the following alternative method:
(a) Only miners trained in the operation of the NIOSH-tested
clothes cleaning booth process shall be permitted to use the process.
(b) The petitioner shall incorporate clothes cleaning booth process
training into their 30 CFR part 46 training plan.
(c) Miners entering the booth shall wear, at a minimum, eye
protection in standard use (or safety glasses if using a powered air
purifying respirator (PAPR)) within the plant, ear plugs or muffs for
hearing protection, and respiratory protection. Respiratory protection
means a full-face or half-mask respirator that meets or exceeds the
minimum requirements of 30 CFR parts 56, 57, 60, 70, 71, 72, 75, and
90.
(d) The NIOSH-tested clothes cleaning booth process shall have a
caution sign indicating that the use of respiratory protection, hearing
protection, and safety goggles (or safety glasses if using a PAPR) are
required before entering the booth.
(e) Air pressure through the spray manifold shall be limited to 30
pounds per square inch.
(f) The air spray manifold shall consist of 2'' square quarter inch
hot rolled steel tubing, capped at the base, actuated by an
electrically controlled ball valve at the top, and provide a yield
strength safety factor of more than 20 when compared to the 30 psig
operating pressure.
(g) The air spray manifold shall contain 27 total nozzles of which
26 will be Spraying Systems Co. Nozzle No. AA727-23, 18.4 SCFM at 30
psig. The 27th and lowermost nozzle shall be Spraying System Co. Nozzle
No. AA707-23, 19.2 SCFM at 30 psig.
(h) The uppermost spray nozzle shall be located at a height of not
more than 56 inches. This places the nozzle height at shoulder height
for the 50th percentile male U.S. worker according to ``Ergonomics--How
to Design for Ease and Efficiency,'' 2nd Edition, Kroemer, K.H.E.,
Kroemer, H.B., Kroemer-Elbert, K.E., Prentice Hall, NJ, 2001. Those
miners with shoulder height less than the 50th percentile male shall
utilize the mechanical air spray deflector, which is quick, effective,
and easy to use.
(i) Spray nozzles have been recessed into the manifold, which is
designed to eliminate the possibility of incidental contact with the
air nozzles during utilization of the clothes cleaning process.
(j) Airflow through the manifold during the cleaning cycle shall
occur only if the measured differential pressure on the exhaust system
and pressure on the main airline are within proper operating ranges. If
at any time either the differential pressure or line pressure falls
outside preset limits, the cleaning cycle shall automatically stop via
an electrical interlock system.
(k) Airflow through the clothes cleaning booth shall be sufficient
to maintain negative pressure during use of the clothes cleaning system
in order to prevent contamination of the environment outside of the
booth.
(l) The air receiver tank supplying air to the manifold system
shall be of sufficient volume to permit not less than 20 seconds of
continuous cleaning time.
(m) Airflow through the booth shall be in the downward direction,
thereby moving contaminants away from the miner's breathing zone.
(n) Miners entering the NIOSH-tested clothes cleaning booth shall
examine the valves and nozzle for damage or malfunction and ensure that
the door is fully closed before opening the air valve. Any defects
shall be repaired prior to the booth being used.
(o) The petitioner shall ensure that periodic maintenance checks
are performed in accordance with the NIOSH recommendations contained
within the ``Clothes Cleaning Process Instruction Manual.''
The miners at 3M Corona Plant are represented by a representative
of miners. A copy of the petition for modification was presented to the
representative of miners on February 28, 2025. The petition was also
posted at the mine on February 28, 2025.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same
[[Page 16569]]
measure of protection afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2025-06721 Filed 4-17-25; 8:45 am]
BILLING CODE 4520-43-P