1219-0146 60-day FRN Published 10-4-2024

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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices

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
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

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a record of such training and provide
such record to MSHA upon request.
(k) The miners at Hamilton County
Coal, LLC, Mine No. 1 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
Hamilton County Coal, LLC, Mine No. 1
Mine, on August 29, 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.

Mine Safety and Health Administration

comments for docket number MSHA–
2024–0021.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment,
in keeping with the Department of
Labor’s COVID–19 policy. Special
health precautions may be required.
• MSHA will post all comments as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile). These are not tollfree numbers.
SUPPLEMENTARY INFORMATION:

[OMB Control No. 1219–0146]

I. Background

Proposed Extension of Information
Collection; Refuge Alternatives for
Underground Coal Mines

A. Legal Authority
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) as amended, 30 U.S.C. 813(h),
authorizes the Mine Safety and Health
Administration (MSHA) to collect
information necessary to carry out its
duty in protecting the safety and health
of miners. Further, section 101(a) of the
Mine Act, 30 U.S.C. 811(a), authorizes
the Secretary of Labor (Secretary) to
develop, promulgate, and revise, as may
be appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal, metal and nonmetal
mines.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–22923 Filed 10–3–24; 8:45 am]
BILLING CODE 4520–43–P

DEPARTMENT OF LABOR

Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor
(DOL), as part of its continuing effort to
reduce paperwork and respondent
burden, conducts a pre-clearance
consultation program to provide the
general public and Federal agencies
with an opportunity to comment on
proposed collections of information, in
accordance with the Paperwork
Reduction Act of 1995. This program
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.
The Mine Safety and Health
Administration (MSHA) is soliciting
comments on the information collection
entitled Refuge Alternatives for
Underground Coal Mines.
DATES: All comments must be received
on or before December 3, 2024.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
late comments received after the
deadline will not be considered.
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
SUMMARY:

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B. Information Collection
In order to fulfill the statutory
mandates to promote miners’ health and
safety, MSHA requires the collection of
information under the information
collection request entitled Refuge
Alternatives for Underground Coal
Mines. The information collection is
intended to ensure that underground
coal mine operators have an up-to-date
emergency response plan for refuge
alternatives in case of an emergency and
maintain proper records for personnel
training certifications and examination,
maintenance and repair of refuge
alternatives.
1. Relocations of Refuge Alternatives
Refuge alternatives (RAs) are selfcontained units within underground
mines that have an isolated atmosphere
and provided provisions in some
emergency situations. Under 30 CFR

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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices
75.1506, the underground coal mine
operator is required to provide RAs and
their components to protect miners by
providing secure spaces with isolated
atmospheres that create life-sustaining
environments when escape from a mine
during a mine emergency is not
possible.
The location of RAs is vital to the
safety of miners. Typically, RAs are
required in certain locations, such as
within 1,000 feet from the nearest
working face or within one-hour travel
in outby areas (75 CFR 75.1506(c)).
However, the mine operator may request
approval to have the RA at a different
location, if needed. Documentation of
the RA, any documents associated with
alternative locations, and approval of an
Emergency Response Plan (ERP) are all
required by MSHA.
Under 30 CFR 75.1506(c)(2), the mine
operator may request and the District
Manager may approve a different
location for the RA in the ERP required
by 30 CFR 75.1507, based on an
assessment of the risk to miners in
outby areas.
Under 30 CFR 75.1507(a)(11)(ii), a
mine operator may request the District
Manager’s approval to update the
existing ERP to locate an RA in an
alternative location if mining involves
two-entry systems or yield pillars in a
longwall that would prohibit locating
the RA out of direct line of sight of the
working face.

listed in 30 CFR 75.1507(a): the type of
RA used in the mine, procedures to
maintain the RA and components, the
capacity of the RA, the duration of
breathable air in each RA, the method
for providing breathable air, sanitation,
removing harmful gas, methods for
monitoring gas, and lighting.

2. Emergency Response Plans (ERP)
For RAs, the ERP specifies that the
breathable air components are MSHAapproved, and the unit can withstand
exposure to a flash fire of 300°
Fahrenheit for three seconds. The ERP
must also specify that the RA is stocked
with the following: A minimum of 2,000
calories of food and 2.25 quarts of
potable water per person per day in
approved containers sufficient to
sustain the number of persons
reasonably expected to use the RA for at
least 96 hours, or for 48 hours if
advance arrangements are made. For
RAs that sustain persons for only 48
hours, the ERP must describe how
persons who cannot be rescued within
48 hours will receive additional
supplies to sustain them until rescued.
The ERP also must specify that the RA
is stocked with RA and component
manuals, materials and tools sufficient
to make repairs on the unit, and first aid
supplies.
Under 30 CFR 75.1507, underground
coal mine operators must develop and
implement ERPs that provide detailed
information about the RAs used in the
mine. An ERP must include the
following information for each RA as

4. Records of Repair and Corrective
Actions
Any maintenance or repair performed
for RAs and their components must be
documented. Under 30 CFR 75.1508(b),
a record must be made regarding any
maintenance and repair performed and
all corrective action taken on RAs and
components. Under 30 CFR 75.1508(c),
repair records shall be kept at the mine
for one year.

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3. Training Certification To Maintain
and Repair RAs
The RAs are vital to miner safety. Any
maintenance, examination, or repair
must be completed by someone who is
qualified to do so.
Under 30 CFR 75.1508(a), the mine
operator must certify that persons
assigned to examine, maintain, and
repair RAs and components are trained
for those tasks. This information
collection concerns training certification
requirements for persons assigned to
maintain and repair RAs. Under 30 CFR
75.1508(c), training certifications must
be kept at the mine for one year. (The
training certification related to the
examination of RAs and components is
integrated into a currently approved
information collection under OMB
Control Number 1219–0009, Training
Plans and Records of Training, for
Underground Miners and Miners
Working at Surface Mines and Surface
Areas of Underground Mines, which
governs training for certified persons to
conduct preshift examinations of the
mine under 30 CFR 75.360.)

II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Refuge Alternatives
for Underground Coal Mines. MSHA is
particularly interested in comments
that:
• Evaluate whether the 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 MSHA’s
estimate of the burden of the 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

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• 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.
The information collection request
will be available on https://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on https://
www.regulations.gov and https://
www.reginfo.gov.
The public may also examine publicly
available documents at DOL–MSHA,
Office of Standards, Regulations and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Sign in at the receptionist’s desk on the
4th Floor via the West elevator. Before
visiting MSHA in person, call 202–693–
9455 to make an appointment, in
keeping with the Department of Labor’s
COVID–19 policy. Special health
precautions may be required. 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 provisions for Refuge
Alternatives for Underground Coal
Mines. MSHA has updated the data
with respect to the number of
respondents, responses, time burden,
and burden costs supporting this
information collection request from the
previous information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0146.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 21.
Frequency: On occasion.
Number of Annual Responses: 27.
Annual Time Burden: 73 hours.
Annual Other Burden Costs: $17.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
proposed information collection
request; they will become a matter of

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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices

public record and be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.

I. Background

[FR Doc. 2024–22915 Filed 10–3–24; 8:45 am]
BILLING CODE 4510–43–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 Warrior
Coal, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before November 4, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0038 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0038.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk, 4th Floor West.
Individuals may inspect copies of the
petition and comments during normal
business hours at the address listed
above. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (email), or 202–693–9441 (fax).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and title 30 of the
Code of Federal Regulations (CFR) part

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44 govern the application, processing,
and disposition of petitions for
modification.
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–2024–016–C.
Petitioner: Warrior Coal, LLC, 57 J. E.
Ellis Road, Madisonville, KY 42431.
Mine: Cardinal Mine, MSHA ID No.
15–17216, located in Hopkins County,
Kentucky.
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) Warrior currently makes available
to all miners NIOSH-approved high
efficiency l00 series respirators to
protect the miners against potential

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exposure to respirable coal mine dust,
including crystalline silica, during
normal mining conditions. Warror
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 finalized
the rule Lowering Miners’ Exposure to
Respirable Crystalline Silica and
Improving Respiratory Protection. The
rule requires the mine operator to have
a written respiratory protection program
in place when miners are required to
use respirators. Adding the CleanSpace
EX and the 3M TR–800 Versaflo PAPRs
to the respiratory protection program as
additional options will provide the
miners with alternatives to the series
100 high efficiency respirators already
in use at the mine. The PAPRs will also
serve as a respirator option to protect
the miners with facial hair who may not
be able to pass the ‘‘fit test’’ requirement
of the program. In addition, the positive
flow of filtered air provided by the
PAPRs will provide a solution for the
miners who are unable to wear a 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, 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

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