Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81553 

Benefits Security Administration 

(EBSA)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that the agency 

receives on or before November 7, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Michael Howell by telephone at 202– 

693–6782, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Patient Protection and Affordable Care 

Act, Public Law 111–148, (the 

Affordable Care Act) was enacted on 

March 23, 2010 and amended by the 

Health Care and Education 

Reconciliation Act of 2010, Public Law 

111–152 on March 30, 2010. The 

Affordable Care Act added section 2713 

to the Public Health Service (PHS) Act 

and incorporated this provision into 

ERISA and the Code. The Departments 

of Health and Human Services, Labor, 

and Treasury first published interim 

final rules on July 19, 2010, which 

implements the requirements of PHS 

Act section 2713, including the 

requirement that non-grandfathered 

group health insurance coverage to 

provide benefits for certain preventive 

services without cost sharing, including 

benefits for certain women’s preventive 

health services as provided for in 

comprehensive guidelines supported by 

the Health Resources and Services 

Administration. The Departments 

subsequently published regulations 

establishing an exemption for certain 

religious objectors with respect to the 

requirement to cover contraception 

pursuant to comprehensive guidelines 

supported by HRSA. 

In 2013, the Department issued final 

rules, which clarified the definition of 

religious employer for purposes of the 

religious employer exemption and also 

provided accommodations for health 

coverage established or maintained or 

arranged by certain nonprofit religious 

organizations with religious objections 

to contraceptive services (eligible 

organizations). The 2018 final rules 

expanded the exemption to include 

additional entities (any kind of 

employer) and persons that object based 

on religious beliefs or moral convictions 

objecting to contraceptive or 

sterilization coverage, and by making 

the accommodation compliance process 

optional for eligible organizations 

instead of mandatory. The regulations 

contain the following collections of 

information. First, each organization 

seeking to be treated as an eligible 

organization for the optional 

accommodation process offered under 

the regulation must either notify an 

issuer or third-party administrator using 

the EBSA Form 700 method of selfcertification or provide notice to HHS of 

its religious or moral objection to 

coverage of all or a subset of 

contraceptive services. Second, a health 

insurance issuer or third-party 

administrator providing or arranging 

separate payments for contraceptive 

services for participants and 

beneficiaries in insured plans (or 

student enrollees and covered 

dependents in student health insurance 

coverage) of eligible organizations is 

required to provide a written notice to 

plan participants and beneficiaries (or 

student enrollees and covered 

dependents) informing them of the 

availability of such payments. The 

notice must be separate from but, 

contemporaneous with (to the extent 

possible) any application materials 

distributed in connection with 

enrollment (or re-enrollment) in group 

or student coverage of the eligible 

organization in any plan year to which 

the accommodation is to apply and will 

be provided annually. To satisfy the 

notice requirement, issuers may, but are 

not required to, use the model language 

set forth in the 2018 final rules or 

substantially similar language. Third, an 

eligible organization may also revoke its 

use of the accommodation process and 

must provide participants and 

beneficiaries written notice of such 

revocation as soon as possible. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

February 5, 2024 (89 FR 7732). 

Comments are invited on: (1) whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(4) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

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 the OMB 

approves it 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 OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

DOL seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOL notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–EBSA. 

Title of Collection: Coverage of 

Certain Preventive Services under the 

Affordable Care Act-Private Sector. 

OMB Control Number: 1210–0150. 

Affected Public: Private sector, 

Business or other for profits. 

Total Estimated Number of 

Respondents: 60. 

Total Estimated Number of 

Responses: 595,312. 

Total Estimated Annual Time Burden: 

72 hours. 

Total Estimated Annual Other Costs 

Burden: $181,222. 

(Authority: 44 U.S.C. 3507(a)(1)(D)) 

Michael Howell, 

Senior Paperwork Reduction Act Analyst. 

[FR Doc. 2024–23196 Filed 10–7–24; 8:45 am] 

BILLING CODE 4510–29–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 River View 

Coal, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 


ddrumheller on DSK120RN23PROD with NOTICES1
81554 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 

Standards, Regulations, and Variances 

on or before November 7, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0046 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0046. 

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–2024–024–C. 

Petitioner: River View Coal, LLC, 835 

State Route 1179, Waverly, KY 42462. 

Mine: Henderson County Mine, 

MSHA ID No. 15–02709, located in 

Union County, Kentucky. 

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 

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) River View Coal 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. River View 

Coal desires to expand the miners’ 

option in choosing a respirator that 

provides the greatest degree of 

protection as well as comfort while 

being worn. 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 or used in 

the return air outby 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 or in the return air outby the 

last open crosscut. The operator shall 

keep a record of such training and 

provide such record to MSHA upon 

request. 

(b) The PAPRs, battery packs, and all 

associated wiring and connections shall 

be inspected before use to determine if 

there is any damage to the units that 

would negatively impact intrinsic 

safety. If any defects are found, the 

PAPR shall be removed from service. 

(c) A separate logbook shall be 

maintained for the 3M Versaflo TR–800 

and CleanSpace EX PAPRs that will be 

kept with the equipment, or in a 

location with other mine record books 

and shall be made available to MSHA 

upon request. The equipment shall be 

examined at least weekly by a qualified 

person as defined in 30 CFR 75.512–1 

and the examination results recorded in 

the logbook. Examination records shall 

be maintained for one year. 

(d) All 3M Versaflo TR–800 and 

CleanSpace EX PAPRs to be used inby 

the last open crosscut or in the return 

air outby 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 


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81555 

examinations for the 3M Versaflo TR– 

800 PAPRs shall include: 

(1) Check the equipment for any 

physical damage and the integrity of the 

case. 

(2) Remove the battery and inspect for 

corrosion. 

(3) Inspect the contact points to 

ensure a secure connection to the 

battery. 

(4) Reinsert the battery and power up 

and shut down to ensure proper 

connections. 

(5) Check the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

(6) For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

The CleanSpace EX PAPR does not 

have an accessible/removable battery. 

The internal battery and motor/blower 

assembly are both contained within the 

‘‘power unit’’ assembly and the battery 

cannot be removed, reinserted or 

fastened. Therefore, examination of the 

CleanSpace EX PAPR shall include any 

indications of physical damage. 

(e) All 3M Versaflo TR–800 and 

CleanSpace EX PAPR units shall be 

serviced according to the manufacturer’s 

recommendations. 

(f) Prior to energizing and during use 

of the 3M Versaflo TR–800 or the 

CleanSpace EX PAPR inby the last open 

crosscut or in the return air outby the 

last open crosscut, procedures in 

accordance with 30 CFR 75.323 shall be 

followed. 

(g) Only the 3M TR–830 Battery Pack, 

which meets lithium battery safety 

standard UL 1642 or IEC 62133, in the 

3M Versaflo TR–800 PAPR shall be 

used. Only the CleanSpace EX Power 

Unit, which meets lithium battery safety 

standard UL 1642 or IEC 62133, in the 

CleanSpace EX shall be used. 

(h) If battery packs for the 3M Versaflo 

TR–800 PAPR are provided, all battery 

‘‘change outs’’ shall occur in intake air 

outby the last open crosscut. 

(i) The following maintenance and 

use conditions shall apply to equipment 

containing lithium type batteries: 

(1) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX Power Unit 

shall be disassembled nor modified by 

anyone other than permitted by the 

manufacturer of the equipment. 

(2) The 3M TR–830 Battery Pack shall 

be charged only in an area free of 

combustible material and in intake air 

outby the last open crosscut. The 3M 

TR–830 Battery Pack shall be charged 

only by a manufacturer’s recommended 

battery charger, such as the: 

(i) 3M Battery Charger Kit TR–641N, 

which includes one 3M Charger Cradle 

TR–640 and one 3M Power Supply TR– 

941N, or, 

(ii) 3M 4-Station Battery Charger Kit 

TR–644N, which includes four 3M 

Charger Cradles TR–640 and one 3M 4- 

Station Battery Charger Base/Power 

Supply TR–944N. 

(3) The CleanSpace EX internal 

battery, which is contained within the 

power unit assembly, shall be charged 

in areas located outby the last open 

crosscut in intake air and only the 

manufacturer’s recommended battery 

chargers shall be used, such as the 

CleanSpace EX Battery Charger, Product 

Code PAF–0066. 

(4) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX power unit 

which contains the internal battery, 

shall be exposed to water, allowed to get 

wet or immersed in liquid. This does 

not preclude incidental exposure of the 

3M TR–830 Battery Pack or the 

CleanSpace EX power unit assembly. 

(5) Neither the 3M Versaflo TR–800 

PAPR nor the CleanSpace EX PAPR, 

including the internal battery, shall be 

used, charged or stored in locations 

where the manufacturer’s recommended 

temperature limits are exceeded. 

Neither the 3M Versaflo TR–800 PAPR 

nor the CleanSpace EX PAPR shall be 

placed in direct sunlight nor stored near 

a source of heat. 

(j) Annual retraining shall be given to 

all miners who will be involved with or 

affected by the use of the 3M Versaflo 

TR–800 or CleanSpace EX PAPRs in 

accordance with 30 CFR 48.8. Training 

of new miners on the requirements of 

the PDO granted by MSHA in 

accordance with 30 CFR 48.5, and 

training of experienced miners on the 

requirements of the PDO granted by 

MSHA in accordance with 30 CFR 48.6 

shall be given. The operator shall keep 

a record of such training and provide 

such record to MSHA upon request. 

(k) The miners at River View Coal, 

LLC, Henderson County 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 

River View Coal, LLC, Henderson 

County Mine, on August 30, 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. 2024–23242 Filed 10–7–24; 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 

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 Excel 

Mining. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before November 7, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0052 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0052. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1