Petition for Modification of Application of Existing Mandatory Safety Standards, 90065-90067 [2024-26439]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices charged sufficiently for the expected usage on that shift. If spare 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. (o) 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 may 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, readily monitored and located on the surface of the mine. The 3M TR–830 Battery Pack shall be charged only by a manufacturer’s recommended battery charger, such as: (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 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 as per 30 CFR 75.340, or in an area free of combustible material, readily monitored and located on the surface of the mine, and only the manufacturer’s recommended battery chargers may 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. (6) Neither the 3M TR–830 Battery Pack nor the CleanSpace EX PAPR’s internal battery shall be used at the end of its life cycle (i.e., when there is a performance decrease of greater than 20 percent in battery-operated equipment). The 3M TR–830 Battery Pack and the CleanSpace EX power unit containing VerDate Sep<11>2014 20:16 Nov 13, 2024 Jkt 265001 the internal battery shall be disposed of properly. (p) Personnel engaged in the use of the 3M Versaflo 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 selfcontained self rescuers (SCSRs) during a mine emergency while wearing the 3M Versaflo TR–800 or CleanSpace EX PAPR. The mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 30 CFR 75.1502. (q) Within 60 days after the PDO granted by MSHA 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 PDO granted by MSHA. When training is conducted on the terms and conditions in the PDO granted by MSHA, 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 3M Versaflo TR–800 or the CleanSpace EX PAPR. (r) All personnel 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 PDO granted by MSHA within 60 days of the date the PDO granted by MSHA becomes final. Such training shall be completed before any 3M Versaflo TR–800 or CleanSpace EX PAPR can be used within 150 feet of pillar workings or longwall faces. 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 3M Versaflo TR–800 or CleanSpace EX PAPRs in accordance with 30 CFR 48.8. The operator shall train new miners on the requirements of the PDO granted by MSHA in accordance with 30 CFR 48.5, and shall train experienced miners on the requirements of the PDO granted by MSHA, 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 PDO granted by MSHA in unobstructed PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 90065 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. (u) There are no representatives of miners at Buchanan Minerals LLC, Buchanan No. 1 Mine. A copy of this petition has been posted on the bulletin board as of August 28, 2024. The petitioner asserts that the alternative method will guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2024–26437 Filed 11–13–24; 8:45 am] BILLING CODE 4520–43–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 Tunnel Ridge, LLC. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before December 16, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2024– 0062 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0062. 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. SUMMARY: E:\FR\FM\14NON1.SGM 14NON1 90066 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 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. FOR FURTHER INFORMATION CONTACT: 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, §§ 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2024–039–C. Petitioner: Tunnel Ridge, LLC, 184 Schoolhouse Lane Valley Grove WV 26060. Mine: Tunnel Ridge Mine, MSHA ID No. 46–08864, located in Ohio County, West Virginia. 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 VerDate Sep<11>2014 20:16 Nov 13, 2024 Jkt 265001 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) Tunnel Ridge 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. Tunnel Ridge desires to expand the miners’ option in choosing a respirator that provides the greatest degree of protection as well as comfort while being worn. Powered PAPRs provide a constant flow of filtered air and serve that purpose. (g) On April 18, 2024, MSHA issued a final rule entitled 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 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 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 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 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, 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 that the equipment is used according to the original equipment manufacturer’s recommendations and is maintained in a safe operating condition. The 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 E:\FR\FM\14NON1.SGM 14NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 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: (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 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 VerDate Sep<11>2014 20:16 Nov 13, 2024 Jkt 265001 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 Tunnel Ridge, LLC, Tunnel Ridge 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 Tunnel Ridge, LLC, Tunnel Righe Mine, on October 4, 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. 2024–26439 Filed 11–13–24; 8:45 am] BILLING CODE 4520–43–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 Buchanan Minerals, LLC. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before December 16, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2024– 0057 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0057. 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 SUMMARY: PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 90067 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. 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. FOR FURTHER INFORMATION CONTACT: 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, §§ 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2024–034–C. Petitioner: Buchanan Minerals, LLC, PO Drawer L, Oakwood VA 24631. Mine: Buchanan No.1 Mine, MSHA ID No. 44–04856, located in Buchanan County, Virginia. Regulation Affected: 30 CFR 75.500(d), Permissible electric equipment. Modification Request: The petitioner requests a modification of 30 CFR 75.500(d) to allow the use of an alternative method of respirable dust protection. Specifically, the petitioner is requesting to use a battery-powered respirable protection unit called the 3M Versaflo TR–800 powered air-purifying respirator (PAPR) in addition to the E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 90065-90067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26439]


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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.

-----------------------------------------------------------------------

SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by Tunnel 
Ridge, LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before December 16, 
2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0062 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0062.
    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.

[[Page 90066]]


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, Sec. Sec.  44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2024-039-C.
    Petitioner: Tunnel Ridge, LLC, 184 Schoolhouse Lane Valley Grove WV 
26060.
    Mine: Tunnel Ridge Mine, MSHA ID No. 46-08864, located in Ohio 
County, West Virginia.
    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) Tunnel Ridge 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. Tunnel Ridge 
desires to expand the miners' option in choosing a respirator that 
provides the greatest degree of protection as well as comfort while 
being worn. Powered PAPRs provide a constant flow of filtered air and 
serve that purpose.
    (g) On April 18, 2024, MSHA issued a final rule entitled 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 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, 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 that the equipment is used according 
to the original equipment manufacturer's recommendations and is 
maintained in a safe operating condition. The 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

[[Page 90067]]

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:
    (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 Tunnel Ridge, LLC, Tunnel Ridge 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 Tunnel Ridge, LLC, Tunnel Righe Mine, on October 4, 
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. 2024-26439 Filed 11-13-24; 8:45 am]
BILLING CODE 4520-43-P
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