Petition for Modification of Application of Existing Mandatory Safety Standard, 90767-90769 [2024-26722]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices 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, 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. VerDate Sep<11>2014 17:17 Nov 15, 2024 Jkt 265001 (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 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 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 90767 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 Speed Mine and Winchester 2 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 Speed Mine and Winchester 2 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. 2024–26724 Filed 11–15–24; 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 Standard 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 Marfork Coal Company, LLC. SUMMARY: E:\FR\FM\18NON1.SGM 18NON1 90768 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before December 18, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2024– 0078 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0078. 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, 4th Floor West, 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. DATES: 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: lotter on DSK11XQN23PROD 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–2024–053–C. VerDate Sep<11>2014 17:17 Nov 15, 2024 Jkt 265001 Petitioner: Marfork Coal Company, LLC, P.O. Box 457, Whitesville, West Virginia 25209. Mine: Black Eagle Mine, MSHA ID No. 46–09550, located in Raleigh County, West Virginia. Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations and records). Modification Request: The petitioner requests a modification of 30 CFR 75.312(c) to permit testing the automatic fan stopping signal device without shutting down the mine fan and removing the miners. The petitioner states that: (a) The mine extracts coal by the room and pillar method of mining and operates three continuous miner sections producing coal five to six days per week. (b) The mine has personnel underground 24 hours per day, 7 days per week. (c) The mine is ventilated by one, Jeffrey model 8HUA117, 1,500 horsepower (hp) and 895 revolutions per minute (rpm), mine fan. (d) The fan operates at approximately 10 inches of water gauge and moves approximately 635,000 cubic feet per minute. (e) The mine liberates 777,272 cubic feet of methane every 24 hours as of April 16, 2024. (f) Currently, the mine fan stops every 31 days to check the fan signal device. (g) If fan outage lasts longer than 1, 3, or 48 hours, then the fan is required to run for 1, 2, or 3 hours, respectively, before a certified examiner can re-enter the mine to conduct the required examinations. (h) It is unfavorable to stop the fan and disrupt the ventilation due to the mine liberating methane and personnel being underground 24 hours per day, 7 days per week, making it impossible to schedule a time when the fan stoppage signal can be checked without miners being underground. The petitioner proposes the following alternative method: (a) The main fine fan shall be provided with a fan alarm signal system consisting of the following: (1) A ridged plastic tubing protected by steel conduit extending from the fan ductwork to a Photohelic gauge and chart recorder to continuously monitor the fan operating pressure. An automatic fan signal is activated when the fan pressure falls below 50 percent of the normal operating pressure (which currently equals 5 inches of water gauge) as measured by the Photohelic gauge. This alarm shall be visible and audible in the dispatcher’s office. (2) A Pyott Boone Belt (PBE) model #1610 TA analog scanner monitors the PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 fan. When the fan loses electrical power, the PBE scanner sends a signal to the dispatch office which sounds an alarm. This additional alarm provides a backup in the event the Photohelic gauge or its contacts fail to automatically signal. (b) The automatic fan signal device shall be tested every seven days by manually operating a valve (Ham-Let valve) near the Photohelic gauge and fan pressure recording chart reducing the pressure on the water gauge to simulate a fan stoppage, causing the activation of the fan signal. The actuation of the fan alarm shall be verified by a responsible person at the location where the responsible person is always on duty when anyone is underground. Once this seven-day test of the alternative method has been successfully repeated for four consecutive weeks, the test frequency shall change to at least every 31 days. (c) The automatic fan signal device and signal alarm shall be tested every six months by stopping the fan to ensure that the automatic signal device causes the alarm to activate when the fan shuts down. (d) By the end of the shift on which the test of the automatic fan signal device is completed, person(s) performing the test shall record the result of the test in a secure book. The record book shall be retained at a surface location at the mine for at least one year and shall be made available for inspection by an Authorized Representative of the Secretary. (e) Within 60 days of the Proposed Decision and Order (PDO) granted by MSHA, Marfork shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the PDO granted by MSHA. Miners who are to perform the test under the PDO granted by MSHA shall be trained at least annually on the proper method of testing upon his or her initial assignment to these responsibilities. (f) The petitioner asserts that this Petition for Modification of Application of Mandatory Standard has been posted on the employee bulletin board at the Black Eagle Mine as of August 30, 2024, and there are no representatives of miners at this operation. The petitioner asserts that the alternate method proposed will at all times guarantee no less than the same E:\FR\FM\18NON1.SGM 18NON1 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2024–26722 Filed 11–15–24; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2022–0011] Maritime Advisory Committee on Occupational Safety and Health (MACOSH); Notice of Meeting Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of MACOSH meeting. AGENCY: The Maritime Advisory Committee on Occupational Safety and Health (MACOSH) will meet December 3, 2024. Committee members and the public will meet virtually via WebEx. DATES: MACOSH full Committee meeting: MACOSH will meet from 9 a.m. to 10:30 a.m., eastern standard time (EST), Tuesday, December 3, 2024. MACOSH Workgroup meetings: The MACOSH Shipyard and Longshoring Workgroups will meet from 10:30 a.m. to 12 p.m., EST, Tuesday, December 3, 2024. ADDRESSES: Submission of comments and requests to speak: Comments and requests to speak at the MACOSH meeting, including attachments, must be submitted electronically at www.regulations.gov, the eRulemaking Portal by November 22, 2024. Comments must be identified by the docket number for this Federal Register notice (Docket No. OSHA–2022–0011). Follow the online instructions for submitting comments. Registration: All persons wishing to attend this virtual meeting must register via the registration link on the MACOSH web page at https:// www.osha.gov/advisorycommittee/ macosh. Upon registration, virtual attendees will receive a WebEx link for remote access to the meeting. Requests for special accommodations: Submit requests for special accommodations, including translation services, for this MACOSH meeting by November 22, 2024, to Ms. Carla Marcellus, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone: (202) 693–1865; email: marcellus.carla@dol.gov. Instructions: All submissions must include the agency name and the OSHA lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:17 Nov 15, 2024 Jkt 265001 docket number for this Federal Register notice (Docket No. OSHA–2022–0011). OSHA will place comments, including personal information, in the public docket, which may be made available online. Therefore, OSHA cautions interested parties about submitting personal information such as Social Security numbers and birthdates. Docket: To read or download documents in the public docket for this MACOSH meeting, go to www.regulations.gov. All documents in the public docket are listed in the index; however, some documents (e.g., copyrighted material) are not publicly available to read or download through www.regulations.gov. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693–2350 (TTY (877) 889–5627) for assistance in locating docket submissions. FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor; telephone: (202) 693–1999; email: meilinger.francis2@dol.gov. For general information about MACOSH: Ms. Amy Wangdahl, Director, Office of Maritime and Agriculture, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone: (202) 693–2066; email: wangdahl.amy@dol.gov. Telecommunication requirements: For additional information about the telecommunication requirements for the meeting, please contact Ms. Carla Marcellus, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone: (202) 693–1865; email: marcellus.carla@dol.gov. For copies of this Federal Register Notice: Electronic copies of this Federal Register notice are available at www.regulations.gov. This notice, as well as news releases and other relevant information, are also available at OSHA’s web page at www.osha.gov. SUPPLEMENTARY INFORMATION: I. Meeting Information MACOSH Meeting MACOSH will meet from 9 a.m.– 10:30 a.m., EST, Tuesday, December 3, 2024. Public attendance will be virtual via WebEx. Meeting information will be posted in the docket (Docket No. OSHA–2022–0011) and on the MACOSH web page, https:// www.osha.gov/advisorycommittee/ macosh, prior to the meeting. The tentative agenda for the full Committee meeting will include reports from the Shipyard and Longshoring PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 90769 workgroups, a presentation on OSHA’s National Emphasis Program on Falls and the National Safety Stand-Down to prevent falls, and a presentation from NIOSH on emerging technology in the maritime industry. MACOSH Workgroup Meetings The MACOSH Shipyard and Longshoring Workgroups will meet from 10:30 a.m.–12 p.m., EST, Tuesday, December 3, 2024. Authority and Signature James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice under the authority granted by 29 U.S.C. 655(b)(1) and 656(d), 5 U.S.C. 10, Secretary of Labor’s Order No. 8–2020 (85 FR 58393), and 29 CFR part 1912. Signed at Washington, DC. James S. Frederick, Deputy Assistant Secretary for Occupational Safety and Health. [FR Doc. 2024–26817 Filed 11–15–24; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2016–0005] Notice of Meeting in Advance of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals Session Occupational Safety and Health Administration, Labor. ACTION: Notice of public meeting. AGENCY: This notice is to advise interested persons that OSHA will conduct a virtual public meeting on November 13, 2024, in advance of the 47th session of the United Nations SubCommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) to be held as an in-person meeting December 4–6, 2024, in Geneva, Switzerland. OSHA, along with the U.S. Interagency Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Coordinating Group, plans to consider the comments and information gathered at the November 13, 2024, public meeting when developing the U.S. Government positions for the UNSCEGHS meeting December 4–6, 2024. DATES: OSHA’s virtual public meeting will take place on November 13, 2024. Specific information for the meeting SUMMARY: E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90767-90769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26722]


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

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

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 
Marfork Coal Company, LLC.

[[Page 90768]]


DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before December 18, 
2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0078 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0078.
    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, 4th Floor West, 
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, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2024-053-C.
    Petitioner: Marfork Coal Company, LLC, P.O. Box 457, Whitesville, 
West Virginia 25209.
    Mine: Black Eagle Mine, MSHA ID No. 46-09550, located in Raleigh 
County, West Virginia.
    Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations 
and records).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.312(c) to permit testing the automatic fan stopping signal 
device without shutting down the mine fan and removing the miners.
    The petitioner states that:
    (a) The mine extracts coal by the room and pillar method of mining 
and operates three continuous miner sections producing coal five to six 
days per week.
    (b) The mine has personnel underground 24 hours per day, 7 days per 
week.
    (c) The mine is ventilated by one, Jeffrey model 8HUA117, 1,500 
horsepower (hp) and 895 revolutions per minute (rpm), mine fan.
    (d) The fan operates at approximately 10 inches of water gauge and 
moves approximately 635,000 cubic feet per minute.
    (e) The mine liberates 777,272 cubic feet of methane every 24 hours 
as of April 16, 2024.
    (f) Currently, the mine fan stops every 31 days to check the fan 
signal device.
    (g) If fan outage lasts longer than 1, 3, or 48 hours, then the fan 
is required to run for 1, 2, or 3 hours, respectively, before a 
certified examiner can re-enter the mine to conduct the required 
examinations.
    (h) It is unfavorable to stop the fan and disrupt the ventilation 
due to the mine liberating methane and personnel being underground 24 
hours per day, 7 days per week, making it impossible to schedule a time 
when the fan stoppage signal can be checked without miners being 
underground.
    The petitioner proposes the following alternative method:
    (a) The main fine fan shall be provided with a fan alarm signal 
system consisting of the following:
    (1) A ridged plastic tubing protected by steel conduit extending 
from the fan ductwork to a Photohelic gauge and chart recorder to 
continuously monitor the fan operating pressure. An automatic fan 
signal is activated when the fan pressure falls below 50 percent of the 
normal operating pressure (which currently equals 5 inches of water 
gauge) as measured by the Photohelic gauge. This alarm shall be visible 
and audible in the dispatcher's office.
    (2) A Pyott Boone Belt (PBE) model #1610 TA analog scanner monitors 
the fan. When the fan loses electrical power, the PBE scanner sends a 
signal to the dispatch office which sounds an alarm. This additional 
alarm provides a backup in the event the Photohelic gauge or its 
contacts fail to automatically signal.
    (b) The automatic fan signal device shall be tested every seven 
days by manually operating a valve (Ham-Let valve) near the Photohelic 
gauge and fan pressure recording chart reducing the pressure on the 
water gauge to simulate a fan stoppage, causing the activation of the 
fan signal. The actuation of the fan alarm shall be verified by a 
responsible person at the location where the responsible person is 
always on duty when anyone is underground. Once this seven-day test of 
the alternative method has been successfully repeated for four 
consecutive weeks, the test frequency shall change to at least every 31 
days.
    (c) The automatic fan signal device and signal alarm shall be 
tested every six months by stopping the fan to ensure that the 
automatic signal device causes the alarm to activate when the fan shuts 
down.
    (d) By the end of the shift on which the test of the automatic fan 
signal device is completed, person(s) performing the test shall record 
the result of the test in a secure book. The record book shall be 
retained at a surface location at the mine for at least one year and 
shall be made available for inspection by an Authorized Representative 
of the Secretary.
    (e) Within 60 days of the Proposed Decision and Order (PDO) granted 
by MSHA, Marfork shall submit proposed revisions for its approved 30 
CFR 48 training plan to the MSHA District Manager. These proposed 
revisions shall include initial and refresher training regarding 
compliance with the PDO granted by MSHA. Miners who are to perform the 
test under the PDO granted by MSHA shall be trained at least annually 
on the proper method of testing upon his or her initial assignment to 
these responsibilities.
    (f) The petitioner asserts that this Petition for Modification of 
Application of Mandatory Standard has been posted on the employee 
bulletin board at the Black Eagle Mine as of August 30, 2024, and there 
are no representatives of miners at this operation.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same

[[Page 90769]]

measure of protection afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-26722 Filed 11-15-24; 8:45 am]
BILLING CODE 4520-43-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.