80958 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

(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, 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 

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 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. 2024–22913 Filed 10–3–24; 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 Northern 

Star (Pogo), 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. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80959 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0047 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0047. 

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–2024–002–M. 

Petitioner: Northern Star (Pogo), LLC, 

3204 International Street, Fairbanks, AK 

99702. 

Mine: Pogo Mine, MSHA ID No. 50– 

01642, located in Southeast Fairbanks, 

Alaska. 

Regulation Affected: 30 CFR 

57.11052, Refuge areas. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

57.11052 to allow the use of sealed, 

purified drinking water in lieu of 

providing potable water through 

waterlines in refuge areas. 

The petitioner states that: 

(a) Pogo Mine is an underground 

portal gold mine that began producing 

in 2005 and has permitting to continue 

mining through 2030. 

(b) Pogo Mine currently has 14 refuge 

chambers and 10 entrapment chambers 

located throughout the underground 

portion of the mine. In these purposebuilt refuge chambers, drinkable water 

has always been supplied via 

commercially purchased water in sealed 

bottles. Fire suppression is provided 

with fire extinguishers on the exterior 

and fire blankets on the interior. 

(c) Each refuge chamber cut out is 

provided with a waterline. However, 

due to the configuration and condition 

of the waterlines and the quality of the 

water source, the water flowing through 

these lines is not potable. Installing 

waterlines that provide potable drinking 

water to each refuge chamber is not 

feasible due to the lack of essential 

infrastructure. Given the non-potable 

nature of the water and the potential for 

waterline damage, there is no guarantee 

that potable drinking water can be 

provided via the waterlines, as could be 

interpreted by 30 CFR57.11052(d). 

Application of the standard could 

adversely impact the safety of miners 

using the refuge if they were to rely on 

the waterlines that run throughout the 

mine to the refuge chambers. The 

alternative method of storing sealed, 

purified water inside each refuge 

chamber provides certainty that miners 

will have sanitary drinking water 

available to them, regardless of the 

current condition of the water supply or 

the nature of any emergency that might 

occur in the future. 

(d) All refuge and entrapment 

chambers at Pogo Mine are portable. By 

allowing the use of refuge and 

entrapment chambers that are not 

connected to waterlines, the mine will 

have greater flexibility in the locating of 

the chambers. This will allow the 

chambers to continue to be located near 

where miners are working, and to be 

relocated more quickly to working areas 

where needed. Additionally, when 

damage or corrosion occur in the 

waterline connections it has forced the 

mine to pull refuge chambers from 

service due to water damage internally. 

This reduces the number of available 

assets in the event of an emergency. 

(e) All refuge and entrapment 

chambers meet all criteria for safe areas 

of refuge to include steel (noncombustible) construction throughout, 

large enough to accommodate readily 

the normal number of persons in that 

area of the mine, constructed so they are 

gas tight with positive pressure to expel 

potential harmful gasses, and provided 

with compressed air lines and suitable 

hand tools for getting chambers in 

service. Water and stopping materials 

are not needed for miners to be 

protected during an emergency if they 

were to seek refuge per the 

manufacturer’s recommendations for 

use. 

(f) The manufacturer cautions use of 

water as potential fire suppression 

internally. This should be avoided to 

prevent damage and compromise of air 

scrubbing units. Standard firefighting 

practices also caution that use of water 

for firefighting in a sealed enclosed 

space would create more hazards from 

steam production and arcing of 

electronics used, potentially injuring 

miners and making the units less safe. 

(g) The petitioner proposes that the 

Proposed Decision and Order (PDO) 

granted by MSHA apply to all existing 

refuge chambers and to future refuge 

chambers and locations. 

(h) The alternative method in the 

petition will always guarantee no less 

than the same measure of protection 

afforded to the miners by the standard. 

The petitioner proposes the following 

alternative method: 

(a) The 14 portable refuge chambers in 

use at Pogo Mine are MineARC, Bost, 

and DEA refuge chambers and are made 

of steel. Each of these portable refuge 

chambers is equipped for a capacity of 

8 to 20 miners depending on which unit 

is in the area. The combined capacity of 

the refuge chambers far exceeds the 

normal maximum work crew of 

approximately 100 miners underground 

on any given day during any shift. 

(b) Drinking water shall continue to 

be supplied via commercially purchased 

water in sealed individual portions in 

each refuge chamber. The water is 

currently supplied by the case and 

packaged into 16.9 fluid ounce (500 

milliliter) portions with 24 to 30 

individual portions per case. 

(c) The refuge chambers at the Pogo 

Mine are equipped to provide a 

minimum of 1.18 gallons (4.5 liters) per 

person that the chambers are rated to 

hold. 

(d) The condition and quantity of 

water is confirmed by inspection, on a 

regular basis. 


khammond on DSKJM1Z7X2PROD with NOTICES
80960 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

(e) Written instructions for 

conservation of water shall be provided 

with the refuge chamber supplies. 

(f) All miners affected shall receive 

training in the operation of the refuge 

chambers and shall receive refresher 

training annually. 

(g) The refuge chambers shall be 

inspected regularly, with quarterly 

inspections and servicing from 

manufacturer approved representatives. 

These inspections and servicing shall 

continue to be documented and 

provided to the Mine Manager or their 

designee. 

(h) 

TABLE 1—REFUGE CHAMBERS AT POGO MINE

[Current status] 

Refuge chamber Manufacturer Number capacity 

in persons 

MRC 1 ...................................................................................... DEA ......................................................................................... 16 

MCR 2 ...................................................................................... DEA ......................................................................................... 16 

MCR 3 ...................................................................................... DEA ......................................................................................... 8 

MCR 4 ...................................................................................... DEA ......................................................................................... 12 

MCR 5 ...................................................................................... Bost ......................................................................................... 20 

MCR 6 ...................................................................................... Bost ......................................................................................... 20 

MCR 7 ...................................................................................... Bost ......................................................................................... 20 

MCR 8 ...................................................................................... MineArc ................................................................................... 16 

MCR 9 ...................................................................................... MineArc ................................................................................... 16 

MCR 10 .................................................................................... MineArc ................................................................................... 8 

MCR 11 .................................................................................... MineArc ................................................................................... 8 

MCR 18 .................................................................................... MineArc ................................................................................... 8 

MCR 19 .................................................................................... MineArc ................................................................................... 8 

MCR 24 .................................................................................... Bost ......................................................................................... 20 

TABLE 2—ENTRAPMENT CHAMBERS AT POGO MINE

[Current status] 

Entrapment chamber Manufacturer Number capacity 

in persons 

MCR 12 .................................................................................... MineArc ................................................................................... 6 

MCR 13 .................................................................................... MineArc ................................................................................... 6 

MCR 14 .................................................................................... MineArc ................................................................................... 6 

MCR 15 .................................................................................... MineArc ................................................................................... 6 

MCR 16 .................................................................................... MineArc ................................................................................... 6 

MCR 17 .................................................................................... MineArc ................................................................................... 6 

MCR 20 .................................................................................... MineArc ................................................................................... 4 

MCR 21 .................................................................................... MineArc ................................................................................... 4 

MCR 22 .................................................................................... MineArc ................................................................................... 4 

MCR 23 .................................................................................... MineArc ................................................................................... 4 

(i) Portable refuge chambers have a 

capacity from 8 to 20 persons with 4 

that have a 20-person capacity. 

Additionally, portable entrapment 

chambers have a capacity of 4 to 6 

persons and are utilized per Northern 

Star (Pogo), LLC, standards to provide 

safe refuge for persons potentially 

working behind heavy equipment who 

may be entrapped in an emergency with 

heavy equipment in their path of travel 

preventing safe evacuation. All 

chambers are equipped with gas 

monitoring equipment, packaged 

drinking water, oxygen bottles, backup 

compressed air, toilet, radio, phone, air 

conditioning, back up battery power, 

fire blankets, fire extinguishers, and 

food rations. 

(j) The MineARC refuge chambers are 

equipped with and pre-packaged 

MARCISORB chemical absorber 

cartridges to remove the buildup of 

harmful carbon dioxide (CO2) and 

carbon monoxide (CO) from the air 

inside the refuge chamber. The DEA 

refuge chambers have been retrofitted 

with a MineARC electrical scrubbing 

system and pre-packaged MARCISORB 

chemical absorber cartridges as well. 

Bost refuge chambers have an electrical 

scrubbing system utilizing soda lime 

(Dra ̈gersorb) to remove the buildup of 

CO2 and gold-based oxidation catalyst 

(PremioxTM) to remove CO from the air 

inside the refuge chamber. 

(k) Northern Star (Pogo), LLC, has 

reviewed this petition with the miner’s 

representatives on June 15, 2024, who 

concur with and support all statements 

made with this petition. Miners at Pogo 

Mine are not represented by any labor 

organization. 

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. 2024–22930 Filed 10–3–24; 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 


khammond on DSKJM1Z7X2PROD with NOTICES