[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72106-72107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23081]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 20, 
2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0052 by any of the following methods:

[[Page 72107]]

    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0052.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    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 in Suite 4E401.
    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), 
[email protected] (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-2023-023-C.
    Petitioner: Peabody Midwest Mining, LLC, CR 725 East, Francisco, 
Indiana 47699.
    Mine: Francisco Underground Pit, MSHA ID No. 12-02295, located in 
Gibson County, Indiana.
    Regulation Affected: 30 CFR 75.507-1(a), (Electrical equipment 
other than power-connection points; outby the last open crosscut; 
return air; permissibility requirements).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.507-1(a) to permit the use of non-permissible battery powered 
portable radios in return air outby the last open crosscut.
    The petitioner states that:
    (a) The petitioner currently uses Motorola and Kenwood permissible 
radios in its underground mine to enable communication between miners 
and management. Communication via these permissible radios facilitates 
movement of equipment, assignment of necessary work, communication with 
the surface control room, and communication in case of emergency 
situations such as injuries.
    (b) Some sections of the mine use two continuous mining machines, 
and the use of radios permits coordination between the two continuous 
mining machines and coordination of the coal hauler, as well as 
communication near working pillars.
    (c) In addition to using the radios, the petitioner uses wired 
communication systems, as well as the communication and tracking 
systems required in the mine's Emergency Response Plan.
    (d) Effective communication is critical to the safety of the miners 
at the mine.
    (e) Motorola and Kenwood have discontinued the manufacture and sale 
of the MSHA approved permissible radios. These radios were the only 
permissible radios available for the underground coal mine industry.
    The petitioner proposes the following alternative method:
    (a) Non-permissible portable radios to be used include:
    (1) Motorola XPR 3300e, XPR 3500e, XPR 7350e, XPR 7380e, and XPR 
580e. HAZ LOC certified by UL standards ANSI/TIA 4950 and CAN/CSA 22.2 
No. 157-92. Classification Rating Division 1, Class I, Groups C, D; 
Class II Group E, F, G; Class III T3C. Tomb = 25 degrees Celsius to 60 
degrees Celsius and Classification Rating Division 2, Class 1, Groups 
A, B, C, D. Intrinsically safe when used with Motorola battery 
PMNN4489A.
    (2) New R7 portable radios. HAZ LOC certified of UL standards ANSI/
TIA 4950 and CAN/CSA 22.2 No. 157-92. Classification Rating Division 1, 
Class I, Groups C, D; Class II Group E, F, G; Class III T3C. Tomb = 25 
degrees Celsius to 60 degrees Celsius and Classification Rating 
Division 2, Class 1, Groups A, B, C, D. Intrinsically safe when used 
with Motorola battery PMN 4810.
    (3) Other testing and diagnostic equipment may be used if approved 
in advance by the District Manager.
    (b) All non-permissible radios used in the return air outby the 
last open crosscut shall be examined by a qualified person as defined 
in 30 CFR 75.153 prior to use to ensure the equipment is being 
maintained in a safe operating condition. The examination results shall 
be recorded in the weekly examination book and made available to MSHA 
and the miners at the mine.
    (c) A qualified person as defined in 30 CFR part 75.151 shall 
continuously monitor for methane immediately before and during the use 
of non-permissible radios in the return air outby the last open 
crosscut.
    (d) Non-permissible radios 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 radios are being used, the radios shall 
be de-energized immediately and withdrawn from the affected area.
    (e) All hand-held methane detectors shall be MSHA approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (f) All radios shall be used in accordance with the safe use 
procedures recommended by the manufacturer.
    (g) Personnel who use non-permissible radios shall be trained to 
recognize the hazards and limitations associated with use of the 
equipment.
    The petitioner asserts that the alternate method proposed will at 
all times 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. 2023-23081 Filed 10-18-23; 8:45 am]
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