90070 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 

(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 plans to the Mine Safety and 

Health Enforcement District Manager. 

These proposed revisions shall specify 

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. 

Comments shall be included on the 

Certificate of Training indicating that 

the training received was for use of the 

3M Versaflo TR–800 or the CleanSpace 

EX PAPR. 

(r) All personnel 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 PDO granted by 

MSHA within 60 days of the date the 

PDO granted by MSHA becomes final. 

Such training shall be completed before 

any 3M Versaflo TR–800 or CleanSpace 

EX PAPR can be used in or inby the last 

open crosscut. The operator shall keep 

a record of such training and provide 

such record to MSHA upon request. 

(s) The operator shall provide annual 

retraining to all personnel 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. The operator shall train new 

miners on the requirements of the PDO 

granted by MSHA in accordance with 30 

CFR 48.5 and shall train experienced 

miners on the requirements of the PDO 

granted by MSHA in accordance with 30 

CFR 48.6. The operator shall keep a 

record of such training and provide 

such record to MSHA upon request. 

(t) 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. 

(u) There are no representatives of 

miners at Buchanan Minerals LLC, 

Buchanan No. 1 Mine. A copy of this 

petition has been posted on the bulletin 

board as of August 28, 2024. 

The petitioner asserts that the 

alternative method will guarantee no 

less than the same measure of protection 

afforded the miners under the 

mandatory standard 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–26435 Filed 11–13–24; 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 Tunnel 

Ridge, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before December 16, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0061 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0061. 

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. 

In addition, §§ 44.10 and 44.11 of 30 

CFR establish the requirements for filing 

petitions for modification. 

II. Petition for Modification 

Docket Number: M–2024–038–C. 

Petitioner: Tunnel Ridge, LLC, 184 

Schoolhouse Lane Valley Grove WV 

26060. 

Mine: Tunnel Ridge Mine, MSHA ID 

No. 46–08864, located in Ohio County, 

West Virginia. 

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) Tunnel Ridge 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 90071 

normal mining conditions. Tunnel 

Ridge 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 April 18, 2024 (89 FR 28218), 

MSHA issued a final rule entitled 

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, 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 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, 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 Tunnel Ridge, LLC, 

Tunnel Ridge Mine, are not represented 


ddrumheller on DSK120RN23PROD with NOTICES1
90072 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices 

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 Tunnel Ridge, LLC, 

Tunnel Ridge Mine, on October 4, 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. 2024–26442 Filed 11–13–24; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

[OMB Control No. 1240–0002] 

Comment Request; Energy Employees 

Occupational Illness Compensation 

Program Act Forms EE–1, EE–1–SPA 

EE–2, EE–2–SPA, EE–3, EE–3–SPA, 

EE–4, EE–4–SPA, Form EE–5, EE–7, 

EE–7–SPA, EE/EN–8, EE/EN–9, EE/EN– 

10, EE/EN–12, EE/EN–13, EE/EN–16, 

EE–17A, EE–17B AND EE/EN–20 

AGENCY: Office of Workers’ 

Compensation Programs, Division of 

Energy Employees Occupational Illness 

Compensation (OWCP/DEEOIC), Labor. 

ACTION: Request for public comments. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995. This 

request 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. Currently, the 

OWCP/DEEOIC is soliciting comments 

concerning the collection for Energy 

Employees Occupational Illness 

Compensation Program Act Forms (EE– 

1, EE–1–SPA EE–2, EE–2–SPA, EE–3, 

EE–3–SPA, EE–4, EE–4–SPA, Form EE– 

5, EE–7, EE–7–SPA, EE/EN–8, EE/EN–9, 

EE/EN–10, EE/EN–12, EE/EN–13, EE/ 

EN–16, EE–17A, EE–17B AND EE/EN– 

20). 

DATES: Consideration will be given to all 

written comments received on or before 

January 13, 2025. 

ADDRESSES: You may submit comments 

as follows. Please note that late, 

untimely filed comments will not be 

considered. 

Electronic Submissions: Submit 

electronic comments in the following 

way: 

• Federal eRulemaking Portal: 

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

instructions for submitting comments 

for WCPO–2024–0020. Comments 

submitted electronically, including 

attachments, to https://

www.regulations.gov will be posted to 

the docket, with no changes. Because 

your comment will be made public, you 

are responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as your or anyone else’s Social 

Security number or confidential 

business information. 

• If your comment includes 

confidential information that you do not 

wish to be made available to the public, 

submit the comment as a written/paper 

submission. 

Written/Paper Submissions: Submit 

written/paper submissions in the 

following way: 

• Mail/Hand Delivery: Mail or visit 

U.S. DOL-Office of Workers’ 

Compensation Programs, OWCP, Room 

C–3510, 200 Constitution Avenue NW, 

Washington, DC 20210; 

• OWCP will post your comment 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: Ms. 

Anjanette Suggs, Office of Workers’ 

Compensation Programs, OWCP at 

suggs.anjanette@dol.gov (email); (202) 

354–9660 (voice). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of Workers’ Compensation 

Programs (OWCP) is the primary agency 

responsible for the administration of the 

Energy Employees Occupational Illness 

Compensation Program Act of 2000, as 

amended (EEOICPA or Act), 42 U.S.C. 

7384. The Act provides for timely 

payment of compensation to covered 

employees and, where applicable, 

survivors of such employees, who 

sustained either ‘‘occupational 

illnesses’’ or ‘‘covered illnesses’’ 

incurred in the performance of duty for 

the Department of Energy and certain of 

its contractors and subcontractors. The 

Act sets forth eligibility criteria for 

claimants for compensation under Part 

B and Part E of the Act and outlines the 

various elements of compensation 

payable from the Fund established by 

the Act. The information collections in 

this ICR collect demographic, factual 

and medical information needed to 

determine entitlement to benefits under 

the EEOICPA. 

II. Desired Focus of Comments 

OWCP is soliciting comments 

concerning the information collection 

related to Energy Employees 

Occupational Illness Compensation 

Program Act Forms. OWCP is 

particularly interested in comments 

that: 

• Evaluate whether the proposed 

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 OWCP’s 

estimate of the burden of the proposed 

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 submissions 

of responses. 

Background documents related to this 

information collection request are 

available at https://regulations.gov and 

at DOL–OWCP located at U.S. 

Department of Labor, Office of Workers’ 

Compensation Programs, Room C–3510, 

200 Constitution Avenue NW, 

Washington, DC 20210. 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 Energy Employees 

Occupational Illness Compensation 

Program Act Forms EE–1, EE–1–SPA 

EE–2, EE–2–SPA, EE–3, EE–3–SPA, EE– 

4, EE–4–SPA, Form EE–5, EE–7, EE–7– 

SPA, EE/EN–8, EE/EN–9, EE/EN–10, 

EE/EN–12, EE/EN–13, EE/EN–16, EE– 

17A, EE–17B AND EE/EN–20. 

Type of Review: Extension. 

Agency: DOL-Office of Workers’ 

Compensation Programs. 

OMB Number: 1240–0002. 


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