Petition for Modification of Application of Existing Mandatory Safety Standards, 90070-90072 [2024-26442]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 90070 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices (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 in or inby the last open crosscut. 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 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 VerDate Sep<11>2014 20:16 Nov 13, 2024 Jkt 265001 I. Background afforded the miners under the mandatory standard Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2024–26435 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– 0061 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0061. 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: 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: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 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–2024–038–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 75.500(d), Permissible electric equipment. Modification Request: The petitioner requests a modification of 30 CFR 75.500(d) to allow the use of unapproved Powered Air Purifying Respirators (PAPRs) taken into or used inby 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) 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 E:\FR\FM\14NON1.SGM 14NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 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 (89 FR 28218), 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. (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. 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, VerDate Sep<11>2014 20:16 Nov 13, 2024 Jkt 265001 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 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 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, 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 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 90071 ‘‘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 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 Tunnel Ridge, LLC, Tunnel Ridge Mine, are not represented E:\FR\FM\14NON1.SGM 14NON1 90072 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 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 Ridge 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. 2024–26442 Filed 11–13–24; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs [OMB Control No. 1240–0002] Comment Request; Energy Employees Occupational Illness Compensation Program Act Forms EE–1, EE–1–SPA EE–2, EE–2–SPA, EE–3, EE–3–SPA, EE–4, EE–4–SPA, Form EE–5, EE–7, EE–7–SPA, EE/EN–8, EE/EN–9, EE/EN– 10, EE/EN–12, EE/EN–13, EE/EN–16, EE–17A, EE–17B AND EE/EN–20 Office of Workers’ Compensation Programs, Division of Energy Employees Occupational Illness Compensation (OWCP/DEEOIC), Labor. AGENCY: ACTION: Request for public comments. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This request helps to ensure that requested data can be provided in the desired format; reporting burden (time and financial resources) is minimized; collection instruments are clearly understood; and the impact of collection requirements on respondents can be properly assessed. Currently, the OWCP/DEEOIC is soliciting comments concerning the collection for Energy Employees Occupational Illness Compensation Program Act Forms (EE– 1, EE–1–SPA EE–2, EE–2–SPA, EE–3, EE–3–SPA, EE–4, EE–4–SPA, Form EE– 5, EE–7, EE–7–SPA, EE/EN–8, EE/EN–9, EE/EN–10, EE/EN–12, EE/EN–13, EE/ EN–16, EE–17A, EE–17B AND EE/EN– 20). ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:16 Nov 13, 2024 Jkt 265001 Consideration will be given to all written comments received on or before January 13, 2025. ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic Submissions: Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for WCPO–2024–0020. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket, with no changes. Because your comment will be made public, you are responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as your or anyone else’s Social Security number or confidential business information. • If your comment includes confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission. Written/Paper Submissions: Submit written/paper submissions in the following way: • Mail/Hand Delivery: Mail or visit U.S. DOL-Office of Workers’ Compensation Programs, OWCP, Room C–3510, 200 Constitution Avenue NW, Washington, DC 20210; • OWCP will post your comment as well as any attachments, except for information submitted and marked as confidential, in the docket at https:// www.regulations.gov. DATES: Ms. Anjanette Suggs, Office of Workers’ Compensation Programs, OWCP at suggs.anjanette@dol.gov (email); (202) 354–9660 (voice). SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background The Office of Workers’ Compensation Programs (OWCP) is the primary agency responsible for the administration of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act), 42 U.S.C. 7384. The Act provides for timely payment of compensation to covered employees and, where applicable, survivors of such employees, who sustained either ‘‘occupational illnesses’’ or ‘‘covered illnesses’’ incurred in the performance of duty for the Department of Energy and certain of its contractors and subcontractors. The Act sets forth eligibility criteria for PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 claimants for compensation under Part B and Part E of the Act and outlines the various elements of compensation payable from the Fund established by the Act. The information collections in this ICR collect demographic, factual and medical information needed to determine entitlement to benefits under the EEOICPA. II. Desired Focus of Comments OWCP is soliciting comments concerning the information collection related to Energy Employees Occupational Illness Compensation Program Act Forms. OWCP is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information has practical utility; • Evaluate the accuracy of OWCP’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Suggest methods to enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Background documents related to this information collection request are available at https://regulations.gov and at DOL–OWCP located at U.S. Department of Labor, Office of Workers’ Compensation Programs, Room C–3510, 200 Constitution Avenue NW, Washington, DC 20210. Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. III. Current Actions This information collection request concerns Energy Employees Occupational Illness Compensation Program Act Forms EE–1, EE–1–SPA EE–2, EE–2–SPA, EE–3, EE–3–SPA, EE– 4, EE–4–SPA, Form EE–5, EE–7, EE–7– SPA, EE/EN–8, EE/EN–9, EE/EN–10, EE/EN–12, EE/EN–13, EE/EN–16, EE– 17A, EE–17B AND EE/EN–20. Type of Review: Extension. Agency: DOL-Office of Workers’ Compensation Programs. OMB Number: 1240–0002. E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 90070-90072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26442]


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

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-
0061 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0061.
    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.

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-2024-038-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 75.500(d), Permissible electric 
equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to allow the use of unapproved Powered Air Purifying 
Respirators (PAPRs) taken into or used inby 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

[[Page 90071]]

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 (89 FR 28218), 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.
    (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. 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 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 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, 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 Tunnel Ridge, LLC, Tunnel Ridge Mine, are not 
represented

[[Page 90072]]

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 Ridge 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. 2024-26442 Filed 11-13-24; 8:45 am]
BILLING CODE 4520-43-P
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