Petition for Modification of Application of Existing Mandatory Safety Standards, 81553-81555 [2024-23242]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
Benefits Security Administration
(EBSA)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before November 7, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Michael Howell by telephone at 202–
693–6782, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: The
Patient Protection and Affordable Care
Act, Public Law 111–148, (the
Affordable Care Act) was enacted on
March 23, 2010 and amended by the
Health Care and Education
Reconciliation Act of 2010, Public Law
111–152 on March 30, 2010. The
Affordable Care Act added section 2713
to the Public Health Service (PHS) Act
and incorporated this provision into
ERISA and the Code. The Departments
of Health and Human Services, Labor,
and Treasury first published interim
final rules on July 19, 2010, which
implements the requirements of PHS
Act section 2713, including the
requirement that non-grandfathered
group health insurance coverage to
provide benefits for certain preventive
services without cost sharing, including
benefits for certain women’s preventive
health services as provided for in
comprehensive guidelines supported by
the Health Resources and Services
Administration. The Departments
subsequently published regulations
establishing an exemption for certain
religious objectors with respect to the
requirement to cover contraception
pursuant to comprehensive guidelines
supported by HRSA.
In 2013, the Department issued final
rules, which clarified the definition of
religious employer for purposes of the
religious employer exemption and also
provided accommodations for health
coverage established or maintained or
arranged by certain nonprofit religious
organizations with religious objections
to contraceptive services (eligible
organizations). The 2018 final rules
expanded the exemption to include
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additional entities (any kind of
employer) and persons that object based
on religious beliefs or moral convictions
objecting to contraceptive or
sterilization coverage, and by making
the accommodation compliance process
optional for eligible organizations
instead of mandatory. The regulations
contain the following collections of
information. First, each organization
seeking to be treated as an eligible
organization for the optional
accommodation process offered under
the regulation must either notify an
issuer or third-party administrator using
the EBSA Form 700 method of selfcertification or provide notice to HHS of
its religious or moral objection to
coverage of all or a subset of
contraceptive services. Second, a health
insurance issuer or third-party
administrator providing or arranging
separate payments for contraceptive
services for participants and
beneficiaries in insured plans (or
student enrollees and covered
dependents in student health insurance
coverage) of eligible organizations is
required to provide a written notice to
plan participants and beneficiaries (or
student enrollees and covered
dependents) informing them of the
availability of such payments. The
notice must be separate from but,
contemporaneous with (to the extent
possible) any application materials
distributed in connection with
enrollment (or re-enrollment) in group
or student coverage of the eligible
organization in any plan year to which
the accommodation is to apply and will
be provided annually. To satisfy the
notice requirement, issuers may, but are
not required to, use the model language
set forth in the 2018 final rules or
substantially similar language. Third, an
eligible organization may also revoke its
use of the accommodation process and
must provide participants and
beneficiaries written notice of such
revocation as soon as possible. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
February 5, 2024 (89 FR 7732).
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
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81553
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–EBSA.
Title of Collection: Coverage of
Certain Preventive Services under the
Affordable Care Act-Private Sector.
OMB Control Number: 1210–0150.
Affected Public: Private sector,
Business or other for profits.
Total Estimated Number of
Respondents: 60.
Total Estimated Number of
Responses: 595,312.
Total Estimated Annual Time Burden:
72 hours.
Total Estimated Annual Other Costs
Burden: $181,222.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024–23196 Filed 10–7–24; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by River View
Coal, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
SUMMARY:
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08OCN1
81554
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
Standards, Regulations, and Variances
on or before November 7, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0046 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0046.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk, 4th Floor West.
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, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
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.
ddrumheller on DSK120RN23PROD with NOTICES1
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–2024–024–C.
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17:23 Oct 07, 2024
Jkt 265001
Petitioner: River View Coal, LLC, 835
State Route 1179, Waverly, KY 42462.
Mine: Henderson County Mine,
MSHA ID No. 15–02709, located in
Union County, Kentucky.
Regulation Affected: 30 CFR 75.507–
1(a), Permissible electric equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.507–1(a) to allow the use of
unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used
inby the last open crosscut or used in
the return air outby the last open
crosscut. Specifically, the Petitioner is
requesting to utilize the CleanSpace EX
PAPR and sealed motor/blower/battery
power pack assembly, and the 3M
Versaflo TR–800 Intrinsically Safe PAPR
motor/blower and battery with battery
pack.
The petitioner states that:
(a) The 3M Versaflo TR–800 PAPR
with motor/blower and battery qualifies
as intrinsically safe.
(b) The CleanSpace EX PAPR also
qualifies as intrinsically safe.
(c) Both the CleanSpace EX and the
3M Versaflo TR–800 PAPRs provide a
constant flow of air inside the mask or
helmet. This airflow provides
respiratory protection and comfort in
hot working conditions.
(d) Neither the 3M Versaflo TR–800
nor the CleanSpace EX PAPR is MSHAapproved as permissible.
(e) Neither the 3M nor the CleanSpace
is pursuing MSHA approval.
(f) River View Coal currently makes
available to all miners NIOSH-approved
high efficiency l00 series respirators to
protect the miners against potential
exposure to respirable coal mine dust,
including crystalline silica, during
normal mining conditions. River View
Coal desires to expand the miners’
option in choosing a respirator that
provides the greatest degree of
protection as well as comfort while
being worn. PAPRs provide a constant
flow of filtered air and serve that
purpose.
(g) On June 17, 2024, MSHA finalized
the rule Lowering Miners’ Exposure to
Respirable Crystalline Silica and
Improving Respiratory Protection. The
rule requires the mine operator to have
a written respiratory protection program
in place when miners are required to
use respirators. Adding the CleanSpace
EX and the 3M TR–800 Versaflo PAPRs
to the respiratory protection program as
additional options will provide the
miners with alternatives to the series
100 high efficiency respirators already
in use at the mine. The PAPRs will also
serve as a respirator option to protect
the miners with facial hair who may not
be able to pass the ‘‘fit test’’ requirement
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of the program. In addition, the positive
flow of filtered air provided by the
PAPRs will provide a solution for the
miners who are unable to wear a tightfitting respirator.
(h) Since the 3M Airstream HeadgearMounted PAPR System has been
discontinued by the manufacturer, there
are no other MSHA-approved units
available that can be taken into or used
inby the last open crosscut or used in
the return air outby the last open
crosscut.
(i) The alternative method in the
petition will at all times guarantee no
less than the same measure of protection
afforded to the miners by the standard.
The petitioner proposes the following
alternative method:
(a) All miners who will be involved
with or affected by the use of the 3M
Versaflo TR–800 or CleanSpace EX
PAPRs shall receive training in
accordance with 30 CFR 48.7 on the
requirements of the Proposed Decision
and Order (PDO) granted by MSHA and
manufacturer guidelines. Such training
shall be completed before any 3M
Versaflo TR–800 or CleanSpace EX
PAPR can be used inby the last open
crosscut or in the return air outby the
last open crosscut. The operator shall
keep a record of such training and
provide such record to MSHA upon
request.
(b) The PAPRs, battery packs, and all
associated wiring and connections shall
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 shall be removed from service.
(c) A separate logbook shall be
maintained for the 3M Versaflo TR–800
and CleanSpace EX PAPRs that will 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. Examination records shall
be maintained for one year.
(d) All 3M Versaflo TR–800 and
CleanSpace EX PAPRs to be used inby
the last open crosscut or in the return
air outby the last open crosscut shall be
physically examined prior to initial use
and each unit shall 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 used according to the
original equipment manufacturer’s
recommendations and maintained in a
safe operating condition. The
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
examinations for the 3M Versaflo TR–
800 PAPRs 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.
(5) Check the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(6) For equipment utilizing lithium
type cells, ensure that lithium cells and/
or packs are not damaged or swelled in
size.
The CleanSpace EX PAPR does not
have an accessible/removable battery.
The internal battery and motor/blower
assembly are both contained within the
‘‘power unit’’ assembly and the battery
cannot be removed, reinserted or
fastened. Therefore, examination of the
CleanSpace EX PAPR shall include any
indications of physical damage.
(e) All 3M Versaflo TR–800 and
CleanSpace EX PAPR units shall be
serviced according to the manufacturer’s
recommendations.
(f) Prior to energizing and during use
of the 3M Versaflo TR–800 or the
CleanSpace EX PAPR inby the last open
crosscut or in the return air outby the
last open crosscut, procedures in
accordance with 30 CFR 75.323 shall be
followed.
(g) Only the 3M TR–830 Battery Pack,
which meets lithium battery safety
standard UL 1642 or IEC 62133, in the
3M Versaflo TR–800 PAPR shall be
used. Only the CleanSpace EX Power
Unit, which meets lithium battery safety
standard UL 1642 or IEC 62133, in the
CleanSpace EX shall be used.
(h) If battery packs for the 3M Versaflo
TR–800 PAPR are provided, all battery
‘‘change outs’’ shall occur in intake air
outby the last open crosscut.
(i) The following maintenance and
use conditions shall apply to equipment
containing lithium type batteries:
(1) Neither the 3M TR–830 Battery
Pack nor the CleanSpace EX Power Unit
shall be disassembled nor modified by
anyone other than permitted by the
manufacturer of the equipment.
(2) The 3M TR–830 Battery Pack shall
be charged only in an area free of
combustible material and in intake air
outby the last open crosscut. The 3M
TR–830 Battery Pack shall be charged
only by a manufacturer’s recommended
battery charger, such as the:
(i) 3M Battery Charger Kit TR–641N,
which includes one 3M Charger Cradle
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17:23 Oct 07, 2024
Jkt 265001
TR–640 and one 3M Power Supply TR–
941N, or,
(ii) 3M 4-Station Battery Charger Kit
TR–644N, which includes four 3M
Charger Cradles TR–640 and one 3M 4Station Battery Charger Base/Power
Supply TR–944N.
(3) The CleanSpace EX internal
battery, which is contained within the
power unit assembly, shall be charged
in areas located outby the last open
crosscut in intake air and only the
manufacturer’s recommended battery
chargers shall be used, such as the
CleanSpace EX Battery Charger, Product
Code PAF–0066.
(4) Neither the 3M TR–830 Battery
Pack nor the CleanSpace EX power unit
which contains the internal battery,
shall be exposed to water, allowed to get
wet or immersed in liquid. This does
not preclude incidental exposure of the
3M TR–830 Battery Pack or the
CleanSpace EX power unit assembly.
(5) Neither the 3M Versaflo TR–800
PAPR nor the CleanSpace EX PAPR,
including the internal battery, shall be
used, charged or stored in locations
where the manufacturer’s recommended
temperature limits are exceeded.
Neither the 3M Versaflo TR–800 PAPR
nor the CleanSpace EX PAPR shall be
placed in direct sunlight nor stored near
a source of heat.
(j) Annual retraining shall be given to
all miners who will be involved with or
affected by the use of the 3M Versaflo
TR–800 or CleanSpace EX PAPRs in
accordance with 30 CFR 48.8. Training
of new miners on the requirements of
the PDO granted by MSHA in
accordance with 30 CFR 48.5, and
training of experienced miners on the
requirements of the PDO granted by
MSHA in accordance with 30 CFR 48.6
shall be given. The operator shall keep
a record of such training and provide
such record to MSHA upon request.
(k) The miners at River View Coal,
LLC, Henderson County Mine, are not
represented by a labor organization and
there are no representatives of miners at
the mine. A copy of this petition has
been posted on the bulletin board at
River View Coal, LLC, Henderson
County Mine, on August 30, 2024.
The petitioner asserts that the
alternative method in the petition will
at all times guarantee no less than the
same measure of protection afforded to
the miners by the standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–23242 Filed 10–7–24; 8:45 am]
BILLING CODE 4520–43–P
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81555
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by Excel
Mining.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before November 7, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0052 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0052.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk, 4th Floor West.
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, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
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.
SUMMARY:
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
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81553-81555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23242]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by River
View Coal, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of
[[Page 81554]]
Standards, Regulations, and Variances on or before November 7, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0046 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0046.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk, 4th Floor West. 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, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
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-2024-024-C.
Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, KY
42462.
Mine: Henderson County Mine, MSHA ID No. 15-02709, located in Union
County, Kentucky.
Regulation Affected: 30 CFR 75.507-1(a), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of 30
CFR 75.507-1(a) to allow the use of unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used inby the last open crosscut or
used in the return air outby the last open crosscut. Specifically, the
Petitioner is requesting to utilize the CleanSpace EX PAPR and sealed
motor/blower/battery power pack assembly, and the 3M Versaflo TR-800
Intrinsically Safe PAPR motor/blower and battery with battery pack.
The petitioner states that:
(a) The 3M Versaflo TR-800 PAPR with motor/blower and battery
qualifies as intrinsically safe.
(b) The CleanSpace EX PAPR also qualifies as intrinsically safe.
(c) Both the CleanSpace EX and the 3M Versaflo TR-800 PAPRs provide
a constant flow of air inside the mask or helmet. This airflow provides
respiratory protection and comfort in hot working conditions.
(d) Neither the 3M Versaflo TR-800 nor the CleanSpace EX PAPR is
MSHA-approved as permissible.
(e) Neither the 3M nor the CleanSpace is pursuing MSHA approval.
(f) River View Coal currently makes available to all miners NIOSH-
approved high efficiency l00 series respirators to protect the miners
against potential exposure to respirable coal mine dust, including
crystalline silica, during normal mining conditions. River View Coal
desires to expand the miners' option in choosing a respirator that
provides the greatest degree of protection as well as comfort while
being worn. PAPRs provide a constant flow of filtered air and serve
that purpose.
(g) On June 17, 2024, MSHA finalized the rule Lowering Miners'
Exposure to Respirable Crystalline Silica and Improving Respiratory
Protection. The rule requires the mine operator to have a written
respiratory protection program in place when miners are required to use
respirators. Adding the CleanSpace EX and the 3M TR-800 Versaflo PAPRs
to the respiratory protection program as additional options will
provide the miners with alternatives to the series 100 high efficiency
respirators already in use at the mine. The PAPRs will also serve as a
respirator option to protect the miners with facial hair who may not be
able to pass the ``fit test'' requirement of the program. In addition,
the positive flow of filtered air provided by the PAPRs will provide a
solution for the miners who are unable to wear a tight-fitting
respirator.
(h) Since the 3M Airstream Headgear-Mounted PAPR System has been
discontinued by the manufacturer, there are no other MSHA-approved
units available that can be taken into or used inby the last open
crosscut or used in the return air outby the last open crosscut.
(i) The alternative method in the petition will at all times
guarantee no less than the same measure of protection afforded to the
miners by the standard.
The petitioner proposes the following alternative method:
(a) All miners who will be involved with or affected by the use of
the 3M Versaflo TR-800 or CleanSpace EX PAPRs shall receive training in
accordance with 30 CFR 48.7 on the requirements of the Proposed
Decision and Order (PDO) granted by MSHA and manufacturer guidelines.
Such training shall be completed before any 3M Versaflo TR-800 or
CleanSpace EX PAPR can be used inby the last open crosscut or in the
return air outby the last open crosscut. The operator shall keep a
record of such training and provide such record to MSHA upon request.
(b) The PAPRs, battery packs, and all associated wiring and
connections shall 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 shall be removed from service.
(c) A separate logbook shall be maintained for the 3M Versaflo TR-
800 and CleanSpace EX PAPRs that will 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. Examination records shall be
maintained for one year.
(d) All 3M Versaflo TR-800 and CleanSpace EX PAPRs to be used inby
the last open crosscut or in the return air outby the last open
crosscut shall be physically examined prior to initial use and each
unit shall 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 used according to the
original equipment manufacturer's recommendations and maintained in a
safe operating condition. The
[[Page 81555]]
examinations for the 3M Versaflo TR-800 PAPRs 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.
(5) Check the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(6) For equipment utilizing lithium type cells, ensure that lithium
cells and/or packs are not damaged or swelled in size.
The CleanSpace EX PAPR does not have an accessible/removable
battery. The internal battery and motor/blower assembly are both
contained within the ``power unit'' assembly and the battery cannot be
removed, reinserted or fastened. Therefore, examination of the
CleanSpace EX PAPR shall include any indications of physical damage.
(e) All 3M Versaflo TR-800 and CleanSpace EX PAPR units shall be
serviced according to the manufacturer's recommendations.
(f) Prior to energizing and during use of the 3M Versaflo TR-800 or
the CleanSpace EX PAPR inby the last open crosscut or in the return air
outby the last open crosscut, procedures in accordance with 30 CFR
75.323 shall be followed.
(g) Only the 3M TR-830 Battery Pack, which meets lithium battery
safety standard UL 1642 or IEC 62133, in the 3M Versaflo TR-800 PAPR
shall be used. Only the CleanSpace EX Power Unit, which meets lithium
battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX
shall be used.
(h) If battery packs for the 3M Versaflo TR-800 PAPR are provided,
all battery ``change outs'' shall occur in intake air outby the last
open crosscut.
(i) The following maintenance and use conditions shall apply to
equipment containing lithium type batteries:
(1) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX Power
Unit shall be disassembled nor modified by anyone other than permitted
by the manufacturer of the equipment.
(2) The 3M TR-830 Battery Pack shall be charged only in an area
free of combustible material and in intake air outby the last open
crosscut. The 3M TR-830 Battery Pack shall be charged only by a
manufacturer's recommended battery charger, such as the:
(i) 3M Battery Charger Kit TR-641N, which includes one 3M Charger
Cradle TR-640 and one 3M Power Supply TR-941N, or,
(ii) 3M 4-Station Battery Charger Kit TR-644N, which includes four
3M Charger Cradles TR-640 and one 3M 4-Station Battery Charger Base/
Power Supply TR-944N.
(3) The CleanSpace EX internal battery, which is contained within
the power unit assembly, shall be charged in areas located outby the
last open crosscut in intake air and only the manufacturer's
recommended battery chargers shall be used, such as the CleanSpace EX
Battery Charger, Product Code PAF-0066.
(4) Neither the 3M TR-830 Battery Pack nor the CleanSpace EX power
unit which contains the internal battery, shall be exposed to water,
allowed to get wet or immersed in liquid. This does not preclude
incidental exposure of the 3M TR-830 Battery Pack or the CleanSpace EX
power unit assembly.
(5) Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR,
including the internal battery, shall be used, charged or stored in
locations where the manufacturer's recommended temperature limits are
exceeded. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX
PAPR shall be placed in direct sunlight nor stored near a source of
heat.
(j) Annual retraining shall be given to all miners who will be
involved with or affected by the use of the 3M Versaflo TR-800 or
CleanSpace EX PAPRs in accordance with 30 CFR 48.8. Training of new
miners on the requirements of the PDO granted by MSHA in accordance
with 30 CFR 48.5, and training of experienced miners on the
requirements of the PDO granted by MSHA in accordance with 30 CFR 48.6
shall be given. The operator shall keep a record of such training and
provide such record to MSHA upon request.
(k) The miners at River View Coal, LLC, Henderson County Mine, are
not represented by a labor organization and there are no
representatives of miners at the mine. A copy of this petition has been
posted on the bulletin board at River View Coal, LLC, Henderson County
Mine, on August 30, 2024.
The petitioner asserts that the alternative method in the petition
will at all times guarantee no less than the same measure of protection
afforded to the miners by the standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-23242 Filed 10-7-24; 8:45 am]
BILLING CODE 4520-43-P
