80938 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 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 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. 

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 

[OMB Control No. 1219–0146] 

Proposed Extension of Information 

Collection; Refuge Alternatives for 

Underground Coal Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Request for public comments. 

SUMMARY: 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 

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: 

I. Background 

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. 

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 80939 

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. 

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 

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. 

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.) 

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. 

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 

• 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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80940 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. 

[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 

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 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 

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–2024–016–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 

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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