88062 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 

Issued: October 31, 2024. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2024–25739 Filed 11–5–24; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

225th Meeting of the Advisory Council 

on Employee Welfare and Pension 

Benefit Plans; Notice of Meeting 

Pursuant to the authority contained in 

section 512 of the Employee Retirement 

Income Security Act of 1974 (ERISA), 29 

U.S.C. 1142, the 225th open meeting of 

the Advisory Council on Employee 

Welfare and Pension Benefit Plans (also 

known as the ERISA Advisory Council) 

will be held on December 12–13, 2024. 

On Thursday, December 12, 2024, the 

meeting will begin at 1 p.m. and end at 

approximately 5 p.m. (ET). On Friday, 

December 13, 2024, the meeting will 

begin at 9 a.m. and end at 

approximately 3 p.m. (ET), with a break 

for lunch. 

The meeting will take place at the 

U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210 in Room 6, C5320. The 

meeting will also be accessible via 

videoconference and some participants, 

as well as members of the public, may 

elect to attend virtually. Instructions 

and registration for public 

videoconference access will be available 

on the ERISA Advisory Council’s web 

page at https://www.dol.gov/agencies/ 

ebsa/about-ebsa/about-us/erisaadvisory-council approximately one 

week prior to the meeting. 

The purpose of the open meeting is 

for Advisory Council members to 

finalize their observations and 

recommendations on the issues they 

studied in 2024, present their 

observations and recommendations to 

the Department of Labor, and receive an 

update from leadership of the Employee 

Benefits Security Administration 

(EBSA). 

The issues studied by the ERISA 

Advisory Council in 2024 are: (1) 

Claims and Appeals Procedures, and (2) 

Qualified Default Investment 

Alternatives (QDIAs)—Start to Finish, 

Default to Payout. Descriptions of these 

topics are available on the ERISA 

Advisory Council’s web page at https:// 

www.dol.gov/agencies/ebsa/about-ebsa/ 

about-us/erisa-advisory-council. 

Organizations or members of the 

public wishing to submit a written 

statement may do so on or before 

Thursday, December 5, 2024, to Pinar 

Shapiro, Executive Secretary, ERISA 

Advisory Council. Statements should be 

transmitted electronically as an email 

attachment in text or pdf format to 

ERISAAdvisoryCouncil@dol.gov. 

Statements transmitted electronically 

that are included in the body of the 

email will not be accepted. Relevant 

statements received on or before 

Thursday, December 5, 2024, will be 

included in the record of the meeting 

and made available through the EBSA 

Public Disclosure Room. No deletions, 

modifications, or redactions will be 

made to the statements received as they 

are public records. Warning: Do not 

include any personally identifiable or 

confidential business information that 

you do not want publicly disclosed. 

Individuals or representatives of 

organizations interested in addressing 

the ERISA Advisory Council at the 

public meeting must submit a written 

request to the Executive Secretary on or 

before Thursday, December 5, 2024, via 

email to ERISAAdvisoryCouncil@

dol.gov. 

Requests to address the Council must 

include: (1) the name, title, 

organization, address, email address, 

and telephone number of the individual 

who would appear; (2) if applicable, the 

name of the organization(s) whose views 

would be represented; and (3) a concise 

summary of the statement that would be 

presented. If permitted, oral 

presentations will be limited to ten 

minutes, but an extended statement may 

be submitted for the record. 

Individuals who need special 

accommodations should contact the 

Executive Secretary on or before 

Thursday, December 5, 2024, via email 

to ERISAAdvisoryCouncil@dol.gov. 

For more information about the 

meeting, contact the Executive Secretary 

at the address or telephone number 

above. 

Signed at Washington, DC this 31st day of 

October, 2024. 

Lisa M. Gomez, 

Assistant Secretary, Employee Benefits 

Security Administration. 

[FR Doc. 2024–25736 Filed 11–5–24; 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 American 

Soda, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before December 6, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0031 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0031. 

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. 

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. 


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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 88063 

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–2024–001–M. 

Petitioner: American Soda, LLC, P.O. 

Box 1167, 400 County Road 85, Green 

River, WY 82935. 

Mine: American Soda LLC Mine, 

MSHA ID No. 48–01295, located in 

Sweetwater County, Wyoming. 

Regulation Affected: 30 CFR 

57.22305, Approved equipment (III 

mines). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

57.22305 to permit an alternative 

method of compliance for the 

respiratory protection of miners. The 

petitioner proposes to use a non-MSHA 

approved, intrinsically safe batterypowered air purifying respirator (PAPR) 

product called a Dra ̈ger X-plore 8700 EX 

to protect miners from potential 

exposure to respirable dust and 

ammonia gas during normal mining 

conditions in or beyond the last open 

crosscut and where methane may enter 

the air current. 

The petitioner states that: 

(a) American Soda, LLC, is requesting 

relief from 30 CFR 57.22305 to provide 

an alternative method of respiratory 

protection for mine employees exposed 

to respirable dust and ammonia gas. 

Application of this standard will reduce 

the health and safety of our miners by 

not affording them safe and effective 

equipment. 

(b) In conjunction with this petition 

for modification, energy and resources 

are being spent to engineer controls to 

reduce hazards from respirable dust and 

silica. This is a continuing process that 

requires time and capital to accomplish. 

While this process is taking place 

American Soda, LLC, is trying to 

provide the maximum level of 

protection and comfort to the miners. 

(c) To offer miners at this facility the 

best possible protection from exposure 

to respirable dust and ammonia gas, 

American Soda, LLC, wishes to 

incorporate the latest available 

technology in respiratory protection. 

American Soda, LLC, is submitting a 

petition for modification for the ‘‘Dra ̈ger 

X-plore 8700 EX.’’ 

(d) MSHA has given American Soda, 

LLC, the opportunity to provide 

protection to our miners. The approval 

of the TR–800 and the CleanSpace EX 

has given our miners the maximum 

protection available against silica 

crystal, respirable dust and ammonia 

gas. Mining is a dynamic operation, and 

no two tasks are the same. We therefore 

are seeking as many options for our 

miners as possible. This petition is in an 

effort to add another more ergonomic 

option for our miners. 

(e) Due to the discontinuing of the 3M 

Airstream PAPR, American Soda, LLC, 

has been forced to seek a replacement 

PAPR for the health and safety of our 

miners. 

(f) American Soda, LLC’s research 

regarding available PAPRs identified 

two with MSHA approval. The 3M 

Airstream model has been discontinued 

by the manufacturer. The Kasco K80 

ET8 unit is currently the only unit 

available with MSHA approval. 

Although the Kasco K80 ET8 unit meets 

MSHA approval for intrinsic safety, the 

unit poses recognizable safety and 

health deficiencies. When we examined 

the hood and unit, we found it very 

cumbersome to don. It also restricted 

communication considerably, to the 

point where the user would have to 

remove the entire hood to both hear and 

talk. We felt this put an unnecessary 

burden on miners as they require the 

best conditions in communication. Once 

donned the unit restricted peripheral 

vision thus introducing additional risk 

to the miner. 

(g) Our currently approved petition 

for modification units in use today are 

the TR–800 and the CleanSpace EX. The 

Dra ̈ger X-plore 8700 EX would give our 

miners a third, more ergonomic option. 

(h) As stated previously, American 

Soda, LLC, is committed to the health 

and safety of our miners and provides 

our employees with the best available 

respiratory protection. The Dra ̈ger Xplore 8700 EX provides a level of 

respiratory protection and safety equal 

to the already approved TR–800 and 

Clean space EX with additional 

enhancements to meet the needs of 

miners. The unit provides an alternative 

means of respiratory protection for 

different tasks. This affords miners an 

additional, more ergonomic, option to 

provide respiratory protection for 

employees. 

(i) The Dra ̈ger X-plore 8700 EX unit is 

certified by UL under ANSI/UL 60079– 

11 standard. Per this certification, the 

Dra ̈ger X-plore 8700 EX unit is 

specialized to be used in hazardous 

locations, has met the most onerous 

level of intrinsic safety protection, and 

the level of protection is acceptable for 

use in mines susceptible to firedamp. 

(j) The Dra ̈ger X-plore 8700 EX unit 

provides a NIOSH approved highcapacity, high efficiency (HEPA) 

particulate/vapor filter for the half 

facemask and a NIOSH approved HEPA 

particulate filter for the full facemask. 

(k) The Dra ̈ger X-plore 8700 EX does 

not restrict the vision or impair 

communication of the miner. 

(l) The Dra ̈ger X-plore 8700 EX 

incorporates technology which places 

the filter housing and fan assembly on 

an ergonomically comfortable belt. 

(m) The Dra ̈ger X-plore 8700 EX 

respirator provides a level of comfort 

beyond additional PAPR units when 

operating mining equipment due to 

limited space and mobility in the 

machine operator’s cab. 

(n) The Dra ̈ger X-plore 8700 EX 

helmet meets Z89.1, Type 1, Class G 

helmet Standard. 

(o) The Dra ̈ger X-plore 8700 EX eye 

protection meets ANSI Z87.1 Standard. 

(p) The Dra ̈ger X-plore 8700 EX unit 

can be easily disassembled and cleaned. 

The petitioner proposes the following 

alternative method: 

(a) Prior to energizing the Dra ̈ger Xplore 8700 EX in or beyond the last 

open crosscut or in areas where 

methane may enter the air current, a 

methane test shall be conducted in the 

mine atmosphere as defined in 30 CFR 

57.2. 

(b) Before the Dra ̈ger X-plore 8700 EX 

can be used in or beyond the last open 

crosscut, a check of the instrument for 

any physical damage and the integrity of 

the case shall be conducted. The battery 

shall be removed and inspected for 

corrosion, including the contact points 

to ensure connection. The battery shall 

be reinserted, and the unit shall be 

powered up and then shut down to 

ensure proper connections. An 

inspection to ensure the battery 

compartment cover is securely fastened 

and an inspection of the battery for 

swelling and damage shall be 

conducted. Training shall be required 

for all miners on the pre-operational 

inspection and use of the Dra ̈ger X-plore 

8700 EX. 

(c) The Dra ̈ger X-plore 8700 EX shall 

not be used in or beyond the last open 

crosscut or in areas where methane may 

enter the air current until MSHA has 

initially inspected the equipment and 

determined that it is in compliance with 

all the terms and conditions of the 

Proposed Decision and Order (PDO) 

granted by MSHA. 

(d) The Dra ̈ger X-plore 8700 EX shall 

not be used if methane is detected in 

concentrations at or above 1.0 percent. 

When 1.0 percent or more methane is 

detected while the Dra ̈ger X-plore 8700 

EX is being used, the equipment shall be 

de-energized immediately. The Dra ̈ger 

X-plore 8700 EX shall be withdrawn 

from the affected areas. 

(e) All handheld methane detectors 

shall be MSHA approved and 

maintained in permissible and proper 

operating condition, as defined by 30 

CFR 57.22227. All methane detectors 

must provide visual and audible 


khammond on DSKJM1Z7X2PROD with NOTICES
88064 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 

warnings when methane is detected at 

or above 1.0 percent. 

(f) A competent person, as defined in 

30 CFR 57.2, shall continuously monitor 

for methane immediately before and 

during the use of the Dra ̈ger X-plore 

8700 EX in or beyond the last open 

crosscut or in areas where methane may 

enter the air current. For a crew working 

together, at least one competent person 

shall continuously monitor for methane. 

Alternatively, continuous monitoring 

systems along longwall faces, which 

provide an audible and visual alarm 

when 1.0 percent methane is detected, 

shall satisfy this requirement. 

(g) Batteries contained in the Dra ̈ger 

X-plore 8700 EX must be ‘‘changed out’’ 

or ‘‘charged’’ in intake air. Before each 

shift when the Dra ̈ger X-plore 8700 EX 

is to be used, all batteries for the 

equipment must be charged sufficiently 

such that they are not expected to be 

replaced on that shift. 

(h) The Dra ̈ger LBT 04 LI–ION shall 

be charged on the surface or 

underground in accordance with 30 CFR 

57.22224. 

(i) The Dra ̈ger LBT 04 LI–ION shall be 

charged only by the Dra ̈ger X-plore 8000 

EX standard charger or the Dra ̈ger Xplore 8000 multiple charger. 

(j) The battery pack shall not be 

disassembled or modified by anyone 

other than permitted by the 

manufacturer of the equipment. 

(k) The battery pack shall not be 

exposed to water or allowed to get wet. 

This does not preclude incidental 

exposure of sealed battery packs. 

(l) The battery shall not be exposed to 

direct sunlight or used or stored near a 

source of heat. 

(m) The battery shall not be used at 

the end of its life cycle (e.g., when there 

is a performance decrease of greater 

than 20 percent in battery operated 

equipment). The battery shall be 

disposed of properly. 

(n) The mine operator shall 

investigate the potential for 

electromagnetic interference between 

the Dra ̈ger X-plore 8700 EX and all 

safety devices carried or worn by 

miners, such as proximity detection 

system miner wearable components, gas 

detectors, tracking system components, 

and communication devices. Before any 

Dra ̈ger X-plore 8700 EX devices are 

placed into service, the mine operator 

shall report to their MSHA District 

whether any interference is identified 

along with the procedures the mine 

operator will implement to eliminate 

the interference. All miners shall be 

trained in these procedures. 

(o) Personnel engaged in the use of 

Dra ̈ger X-plore 8700 EX shall be 

properly trained to recognize the 

hazards and limitations associated with 

the use of the PAPR in areas where 

methane could be present. 

(p) All section foremen, section crew 

members, and other personnel who will 

be involved with or affected by the use 

of the PAPR shall receive training in 

accordance with 30 CFR 48.7 on the 

requirements of the PDO granted by 

MSHA within 60 days of the date the 

PDO granted by MSHA becomes final. 

Such training must be completed before 

any Dra ̈ger X-plore 8700 EX is used in 

or beyond the last open crosscut or in 

areas where methane may enter the air 

current. 

(q) Within 60 days after the PDO 

granted by MSHA becomes final, the 

operator shall submit proposed 

revisions for its approved 30 CFR part 

48 training plan to the Mine Safety and 

Health District Manager. These 

proposed revisions shall include 

donning a Self-Contained Self Rescuer 

(SCSR) while using the PAPR, and 

initial and refresher training regarding 

the terms and conditions stated in the 

PDO granted by MSHA. When training 

is conducted on the terms and 

conditions in the PDO granted by 

MSHA, an MSHA Certificate of Training 

(Form 5000–23) shall be completed and 

include the notation ‘‘Dra ̈ger X-plore 

8700 EX PAPR training’’. 

(r) The operator shall post the PDO 

granted by MSHA in unobstructed 

locations on the bulletin boards and/or 

in other conspicuous places where 

notices to miners are ordinarily posted, 

for a period of not less than 60 

consecutive days. 

(s) Affected mine employees shall be 

trained in the proper use and care of the 

Dra ̈ger X-plore 8700 EX unit in 

accordance with established 

manufacturer guidelines. 

(t) If 1.0 percent or more methane is 

detected, the procedures in 30 CFR 

7.22234 shall be followed. 

(u) The miners at American Soda LLC 

mine are not represented by a labor 

organization and there are no designated 

representatives of miners. A copy of this 

petition has been posted for all miners 

to see on the mine bulletin board on 

August 22, 2024. 

In support of the proposed alternative 

method, the petitioner has also 

submitted: a Dra ̈ger X-plore 8700 EX 

Certificate of Conformity, a Dra ̈ger Xplore 8700 EX ATEX Certificate, a 

battery pack operating manual, and a 

Dra ̈ger X-plore 8700 EX data sheet. 

The petitioner asserts that that 

application of the standard in 30 CFR 

57.22305 will reduce the safety of the 

miners affected and has proposed to 

establish an alternative method. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–25720 Filed 11–5–24; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0039] 

Intertek Testing Services NA, Inc.: 

Application for Expansion of 

Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: In this notice, OSHA 

announces the application of Intertek 

Testing Services NA, Inc., for expansion 

of the recognition as a Nationally 

Recognized Testing Laboratory (NRTL) 

and presents the agency’s preliminary 

finding to grant the application. 

DATES: Submit comments, information, 

and documents in response to this 

notice, or requests for an extension of 

time to make a submission, on or before 

November 21, 2024. 

ADDRESSES: Submit comments by any of 

the following methods: 

Electronically: You may submit 

comments, including attachments, 

electronically at http://

www.regulations.gov, the Federal 

eRulemaking Portal. Follow the online 

instructions for submitting comments. 

Instructions: All submissions must 

include the agency’s name and the 

docket number for this rulemaking 

(Docket No. OSHA–2007–0039). All 

comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at https:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

information they do not want made 

available to the public or submitting 

materials that contain personal 

information (either about themselves or 

others), such as Social Security numbers 

and birthdates. 

Docket: To read or download 

comments or other material in the 

docket, go to http://

www.regulations.gov. Documents in the 

docket (including this Federal Register 

notice) are listed in the http://

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 


khammond on DSKJM1Z7X2PROD with NOTICES