Petition for Modification of Application of Existing Mandatory Safety Standards, 99909-99911 [2024-29029]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices a temporary or seasonal basis must submit a completed agricultural clearance order (Forms ETA790/790A) and Application for Temporary Employment Certification (Form ETA 9142A) electronically through the Office of Foreign Labor Certification’s Foreign Labor Application Gateway (FLAG) system. Employers seeking to employ U.S. workers through the ARS intrastate and interstate job clearance system, without also intending to use the H–2A visa program, must submit a completed agricultural clearance order (Forms ETA 790/790B) to the applicable State Workforce Agency. DOL published an emergency PRA Federal Register Notice that would allow the Department to retain the current H–2A and ARS forms for use by the parties subject to the Kansas v. DOL litigation, while also providing DOL the authority to simultaneously proceed with implementation of the new H–2A forms under OMB number 1205–0466 that went into effect under the Farmworker Protection Rule on September 12, 2024, and the new ARS forms under OMB number 1205–0134 that went into effect on July 11, 2024. The emergency PRA clearance would allow DOL to utilize prior approved Forms ETA 790, 790A, 790B, and 9142A, which are necessary to ensure continuity in administering the H–2A program and the ARS nationwide. See 89 FR 73725. On September 12, 2024, OMB approved and granted DOL emergency approval of this new OMB Control number through February 28, 2025, and provided a new OMB Control Number of 1205–0562 for this new ICR. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1205– 0562. VerDate Sep<11>2014 18:17 Dec 10, 2024 Jkt 265001 Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/ information in any comments. DOL 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 will have practical utility; • Evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • 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 submission of responses). Agency: DOL–ETA. Type of Review: Extension Without Changes. Title of Collection: Criteria and NonCriteria Agricultural Clearance Order Forms and H–2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection Rule. Forms: ETA–9142A, H–2A Application for Temporary Employment Certification; ETA–9142A—Appendix A; ETA–9142A—Final Determination: H–2A Temporary Labor Certification Approval; ETA–790, Agricultural Clearance Order; ETA–790A, H–2A Agricultural Clearance Order; ETA–790/ 790A—Addendum A; ETA–790/790A— Addendum B; ETA–790B (Non-Criteria) Agricultural Clearance Order. OMB Control Number: 1205–0562. Affected Public: Individuals or Households, Private Sector—businesses or other for-profits, Government, State, Local and Tribal Governments. Estimated Number of Respondents: 11,905. Frequency: On Occasion. Total Estimated Annual Responses: 141,472. Estimated Average Time per Response: Varies. Estimated Total Annual Burden Hours: 63,906.94 hours. Total Estimated Annual Other Cost Burden: $0. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 99909 Authority: 44 U.S.C. 3506(c)(2)(A). José Javier Rodrı́guez, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2024–29026 Filed 12–10–24; 8:45 am] BILLING CODE 4510–FP–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 Rockwell Mining, LLC. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before January 10, 2025. ADDRESSES: You may submit comments identified by Docket No. MSHA–2024– 0103 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0103. 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: E:\FR\FM\11DEN1.SGM 11DEN1 99910 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices 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. lotter on DSK11XQN23PROD with NOTICES1 II. Petition for Modification Docket Number: M–2024–078–C. Petitioner: Rockwell Mining, LLC, 250 West Main Street, Suite 2000, Lexington, KY 40507. Mine: Eagle #3 Mine, MSHA ID No. 46–09427, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.1002(a), Permissible electric equipment. Modification Request: The petitioner requests a modification of 30 CFR 75.1002(a) to allow the use of unapproved Powered Air Purifying Respirators (PAPRs) within 150 feet of pillar workings or longwall faces. 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) Eagle #3 Mine currently makes available to all miners NIOSH-approved high efficiency 100 series respirators to protect the miners against potential exposure to respirable coal mine dust, including crystalline silica, during VerDate Sep<11>2014 18:17 Dec 10, 2024 Jkt 265001 normal mining conditions. Eagle #3 Mine 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 June 17, 2024, MSHA’s final rule Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection took effect. 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 used within 150 feet of pillar workings or longwall faces. (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 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. (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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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 within 150 feet of pillar workings or longwall faces 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 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 within 150 feet of pillar workings or longwall faces, 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. E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices (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 or 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 or 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. VerDate Sep<11>2014 18:17 Dec 10, 2024 Jkt 265001 (k) The miners at Rockwell Mining LLC, Eagle #3 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 Rockwell Mining LLC, Eagle #3 Mine, on November 21, 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. 2024–29029 Filed 12–10–24; 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 Rockwell Mining, LLC. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before January 10, 2025. ADDRESSES: You may submit comments identified by Docket No. MSHA–2024– 0102 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0102. 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: FOR FURTHER INFORMATION CONTACT: Aromie Noe, Office of Standards, PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 S. 99911 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. 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–2024–077–C. Petitioner: Rockwell Mining, LLC, 250 West Main Street, Suite 2000, Lexington, KY 40507. Mine: Eagle #3 Mine, MSHA ID No. 46–09427, located in Wyoming 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 E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99909-99911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29029]


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

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 
Rockwell Mining, LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before January 10, 2025.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0103 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0103.
    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.

[[Page 99910]]

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-2024-078-C.
    Petitioner: Rockwell Mining, LLC, 250 West Main Street, Suite 2000, 
Lexington, KY 40507.
    Mine: Eagle #3 Mine, MSHA ID No. 46-09427, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a), Permissible electric 
equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1002(a) to allow the use of unapproved Powered Air Purifying 
Respirators (PAPRs) within 150 feet of pillar workings or longwall 
faces. 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) Eagle #3 Mine currently makes available to all miners NIOSH-
approved high efficiency 100 series respirators to protect the miners 
against potential exposure to respirable coal mine dust, including 
crystalline silica, during normal mining conditions. Eagle #3 Mine 
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 June 17, 2024, MSHA's final rule Lowering Miners' Exposure 
to Respirable Crystalline Silica and Improving Respiratory Protection 
took effect. 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 used within 150 feet of pillar workings or 
longwall faces.
    (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 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.
    (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 
within 150 feet of pillar workings or longwall faces 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 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 within 150 feet of pillar workings or longwall 
faces, 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.

[[Page 99911]]

    (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 or 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 or 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 Rockwell Mining LLC, Eagle #3 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 Rockwell Mining LLC, Eagle #3 Mine, on November 21, 
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. 2024-29029 Filed 12-10-24; 8:45 am]
BILLING CODE 4520-43-P
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