106596 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

SUPPLEMENTARY INFORMATION: The 

Request for Earnings Information Report 

gathers information regarding an 

employee’s average weekly wage. This 

information is needed for determination 

of compensation benefits in accordance 

with section 10 of the Longshore and 

Harbor Workers’ Compensation Act. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

September 40, 2024 (89 FR 71935). 

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–OWCP. 

Title of Collection: Request for 

Earnings Information Report. 

OMB Control Number: 1240–0025. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 100. 

Total Estimated Number of 

Responses: 100. 

Total Estimated Annual Time Burden: 

25 hours. 

Total Estimated Annual Other Costs 

Burden: $3.00. 

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

Nicole Bouchet, 

Senior PRA Analyst. 

[FR Doc. 2024–31341 Filed 12–27–24; 8:45 am] 

BILLING CODE 4510–26–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 Mingo 

Logan Coal, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 29, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0117 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0117. 

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, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petition for Modification 

Docket Number: M–2024–089–C. 

Petitioner: Mingo Logan Coal, LLC, 

Sharples, WV 25183. 

Mine: Mountaineer II Mine, MSHA ID 

No. 46–09029, located in Logan County, 

West Virginia. 

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 an 

alternative method of respirable dust 

protection. Specifically, the petitioner is 

requesting to use the 3M Versaflo TR– 

800 Intrinsically Safe Powered Air 

Purifying Respirator (PAPR) and the 

CleanSpace EX PAPR in return air outby 

the last open crosscut. 

The petitioner states that: 

(a) Mountaineer II Mine has 

previously used the 3M Airstream 

Headgear-Mounted PAPR System to 

provide additional protection for its 

miners against exposure to respirable 

coal mine dust. There are clear longterm health benefits from using such 

technology. One of the benefits of 

PAPRs is that they provide a constant 

flow of air inside the headtop or helmet. 

This constant airflow helps to provide 

both respiratory protection and comfort 

in hot working environments. 

(b) 3M elected to discontinue the 3M 

Airstream helmet, replacing it with the 

3M Versaflo TR–800, which benefits 

from additional features and reduced 

weight. Because of its reduced weight, 

it provides significant ergonomic 

benefits. 

(c) For more than 40 years the 3M 

Airstream has been used by many mine 

operators to help protect their workers. 

During those years there have been 

technological advancements in products 

and services for industrial applications. 

3M indicated that they faced multiple 

key component supply disruptions for 

the Airstream product line that created 

issues with providing acceptable supply 

service levels. Because of those issues, 

3M discontinued the Airstream in June 

2020, and that discontinuation was 

global. 

(d) 3M announced that February 2020 

was the final time to place an order for 

systems and components and that June 

2020 was the final date to purchase 

Airstream components. 

(e) Currently there are no replacement 

3M PAPRs that meet applicable MSHA 

standards for permissibility. Electronic 

equipment used in underground mines 

in potentially explosive atmospheres are 

required to be approved by MSHA in 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106597 

accordance with 30 CFR. 3M and other 

manufacturers offer alternative products 

for many other environments and 

applications. 

(f) Following the discontinuation, 

mines that currently use the Airstream 

do not have an MSHA-approved 

alternative PAPR to provide to miners. 

(g) Application of the standard results 

in a diminution of safety at the mine. 

(h) The 3M Versaflo TR–800 motor/ 

blower and battery qualify as 

intrinsically safe in the U.S., Canada, 

and any other country accepting IECEx 

(International Electrotechnical 

Commission System for Certification to 

Standards Relating to Equipment for 

Use in Explosive Atmospheres) reports. 

The 3M Versaflo TR–800 has a blower 

that is UL-certified with an intrinsically 

safe (IS) rating of Division 1: IS Class I, 

II, III; Division 1 (includes Division 2) 

Groups C, D, E, F, G; T4, under the most 

current standard (UL 60079, 6th Edition, 

2013). It is ATEX-certified with an IS 

rating of ‘‘ia.’’ (ATEX refers to European 

directives for controlling explosive 2 

atmospheres.) It is rated and marked 

with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia 

IIIC 135 °C Da, –20 °C ≤Ta≤ +55 °C, 

under the current standard (IEC 60079). 

(i) Mountaineer II Mine seeks 

modification to also permit the use of 

the CleanSpace EX powered respirator 

under the same conditions as it 

proposes with respect to the 3M 

Versaflo TR–800. It too has been 

determined to be intrinsically safe. 

(j) The 3M Versaflo TR–800 is not 

MSHA approved as permissible, and 3M 

is not pursuing approval. 

(k) The CleanSpace EX Power Unit is 

not MSHA approved as permissible, and 

CleanSpace is not pursuing approval. 

(l) The standards for approval of these 

respirators are an acceptable alternative 

to MSHA’s standards and provide an 

equivalent level of protection. 

(m) The alternative method will 

guarantee no less than the same measure 

of protection afforded the miners under 

the mandatory standard. 

The petitioner proposes the following 

alternative method: 

(a) Affected mine employees shall be 

trained in the proper use and 

maintenance of the 3M Versaflo TR–800 

and the CleanSpace EX in accordance 

with established manufacturer 

guidelines. This training shall alert the 

affected employee that neither the 3M 

Versaflo TR–800 nor the CleanSpace EX 

is approved under 30 CFR part 18 and 

shall be deenergized when 1.0 or more 

percent methane is detected. The 

training shall also include the proper 

method to deenergize these PAPRs. In 

addition to manufacturer guidelines, the 

petitioner shall require that mine 

employees be trained to inspect the 

units before use to determine if there is 

any damage to the units that would 

negatively impact intrinsic safety as 

well as all stipulations in the Proposed 

Decision and Order (PDO) granted by 

MSHA. 

(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) Mountaineer II Mine shall 

maintain a separate logbook for the 3M 

Versaflo TR–800 and CleanSpace EX 

PAPRs that shall 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. Since float coal dust is 

removed by the air filter prior to 

reaching the motor, the PAPR user shall 

conduct regular examinations of the 

filter and perform periodic testing for 

proper operation of the ‘‘high filter load 

alarm’’ on the 3M Versaflo TR–800 and 

the ‘‘blocked filter’’ alarm on the 

CleanSpace EX. Examination entries 

may be expunged after one year. 

(d) All 3M Versaflo TR–800 and 

CleanSpace EX PAPRs to be used 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 who will be operating the 

equipment prior to taking the 

equipment underground to ensure the 

equipment is being used according to 

the original equipment manufacturer’s 

recommendations and maintained in a 

safe operating condition. 

(e) The examination for the 3M 

Versaflo TR–800 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; and 

(6) For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

(f) The CleanSpace EX does not have 

an accessible/removable battery. The 

battery and motor/blower assembly are 

both contained within the sealed four 

power pack assembly and cannot be 

removed, reinserted, or fastened. The 

pre-use examination is limited to 

inspecting the equipment for 

indications of physical damage. 

(g) Mountaineer II Mine shall ensure 

that all 3M Versaflo TR–800 and 

CleanSpace EX PAPRs are serviced 

according to the manufacturer’s 

recommendations. Dates of service shall 

be recorded in the equipment’s logbook 

and shall include a description of the 

work performed. 

(h) The 3M Versaflo TR–800 and 

CleanSpace EX PAPRs that will be used 

in the return air outby the last open 

crosscut, or in areas where methane may 

enter the air current, shall not be put 

into service until MSHA has initially 

inspected the equipment and 

determined that it is following all the 

terms and conditions of the PDO 

granted by MSHA. 

(i) Prior to energizing the 3M Versaflo 

TR–800 or the CleanSpace EX in the 

return air outby the last open crosscut, 

methane tests shall be made in 

accordance with 30 CFR 75.323(a). 

(j) All hand-held methane detectors 

shall be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined by 30 

CFR 75.320. All methane detectors shall 

provide visual and audible warnings 

when methane is detected at or above 

1.0 percent. 

(k) A qualified person as defined in 30 

CFR 75.151 shall continuously monitor 

for methane immediately before and 

during the use of the 3M Versaflo TR– 

800 or CleanSpace EX in the return air 

outby the last open crosscut or in areas 

where methane may enter the air 

current. 

(l) Neither the 3M Versaflo TR–800 

nor the CleanSpace EX shall be used if 

methane is detected in concentrations at 

or above 1.0 percent. When 1.0 percent 

or more of methane is detected while 

the 3M Versaflo TR–800 or CleanSpace 

EX is being used, the equipment shall be 

deenergized immediately and the 

equipment withdrawn outby the last 

open crosscut. 

(m) Mountaineer II Mine shall use 

only the 3M TR–830 Battery Pack, 

which meets lithium battery safety 

standard UL 1642 or IEC 62133 in the 

3M Versaflo TR–800. The petitioner 

shall use only the CleanSpace EX Power 

5 Unit which meets lithium battery 

safety standard UL 1642 or IEC 62133 in 

the CleanSpace EX. 

(n) The battery packs shall be 

‘‘changed out’’ in intake air outby the 


ddrumheller on DSK120RN23PROD with NOTICES1
106598 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

last open crosscut. Before each shift 

when the 3M Versaflo TR–800 or 

CleanSpace EX is to be used, all 

batteries and power units for the 

equipment shall be charged sufficiently 

so that they are not expected to be 

replaced on that shift. 

(o) The following maintenance and 

use conditions shall apply to equipment 

containing lithium-type batteries: 

(1) Always correctly use and maintain 

the lithium-ion battery packs. Neither 

the 3M TR–830 Battery Pack nor the 

CleanSpace EX Power Unit may be 

disassembled or modified by anyone 

other than persons permitted by the 

manufacturer of the equipment. 

(2) The 3M TR–830 Battery Pack shall 

only be charged in an area free of 

combustible material, readily 

monitored, and located on the surface of 

the mine. The 3M TR–830 Battery Pack 

is to be charged by either: 

(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. 

(iii) The CleanSpace EX Power Unit is 

to be charged only by the CleanSpace 

Battery Charger EX, Product Code PAF– 

0066. 

(iv) The batteries shall not be allowed 

to get wet. This does not preclude 

incidental exposure of sealed battery 

packs. 

(v) The batteries shall not be used, 

charged, or stored in locations where 

the manufacturer’s recommended 

temperature limits are exceeded. The 

batteries shall not be placed in direct 

sunlight or used or stored near a source 

of heat. 

(p) Personnel engaged in the use of 

the 3M Versaflo TR–800 and 

CleanSpace EX PAPRs shall be properly 

trained to recognize the hazards and 

limitations associated with the use of 

the equipment in areas where methane 

could be present. Additionally, 

personnel shall be trained regarding 

proper procedures for donning SelfContained Self Rescuers (SCSRs) during 

a mine emergency while wearing the 3M 

Versaflo TR–800 or CleanSpace EX. The 

mine operator shall submit proposed 

revisions to update the Mine Emergency 

Evacuation and Firefighting Program of 

Instruction under 30 CFR 75.1502 to 

address this issue. 

(q) Within 60 days after the PDO 

granted by MSHA becomes final, 

Mountaineer II Mine 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 CleanSpace 

EX. 

(r) All personnel who will be involved 

with or affected by the use of the 3M 

Versaflo TR–800 or CleanSpace EX 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 can be used in 

return air outby the last open crosscut. 

The operator shall keep a record of such 

training and provide such record to 

MSHA upon request. 

(s) Mountaineer II Mine 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 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) Mountaineer II Mine 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 Mingo Logan Coal, LLC, 

Mountaineer II Mine. A copy of this 

petition has been posted on the bulletin 

board as of November 11, 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. 2024–30943 Filed 12–27–24; 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 Harrison 

County Coal Resources, Inc. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 29, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0118 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0118. 

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, 4th Floor West, Arlington, 

Virginia 22202–5452. 

Attention: S. Aromie Noe, Director, 

Office of Standards, Regulations, and 

Variances. Persons delivering 

documents are required to check in at 

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: 


ddrumheller on DSK120RN23PROD with NOTICES1