72110 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 

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. 

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– 

0049 by any of the following methods: 

1. Federal eRulemaking Portal:

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

instructions for submitting comments 

for MSHA–2023–0049. 

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 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), 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–2023–020–C.

Petitioner: Peabody Gateway North

Mining LLC, 12968 State 13, 

Coulterville, Illinois 62237. 

Mine: Gateway North Mine, MSHA ID 

No. 11–03235, located in Randolph 

County, Illinois. 

Regulation Affected: 30 CFR 75.507– 

1(a), (Electric 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 nonpermissible 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 testing and

diagnostic equipment 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 non-permissible 

electronic equipment is being used, the 

equipment 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 nonpermissible 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 72111 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2023–23073 Filed 10–18–23; 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 Standard 

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 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– 

0051 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2023–0051. 

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 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), 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–2023–022–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 

75.1002(a) (Installation of electrical 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.1002(a) to permit the use of nonpermissible battery powered portable 

radios on the longwall face or within 

150 feet of pillar workings. 

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 

within 150 feet of pillar workings 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 within 150 feet of pillar 

workings. 

(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 non-permissible 

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 nonpermissible radios shall be trained to 


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