Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 72105 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

(i) explain how the articles potentially 

subject to the requested remedial orders 

are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due, notwithstanding § 201.14(a) 

of the Commission’s Rules of Practice 

and Procedure. No other submissions 

will be accepted, unless requested by 

the Commission. Any submissions and 

replies filed in response to this Notice 

are limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3700’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) by the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: October 13, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–23045 Filed 10–18–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–23–049] 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: October 24, 2023 at 11 

a.m. 

PLACE: Room 101, 500 E Street SW, 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Commission vote on Inv. No. 731– 

TA–1593 (Final) (Freight Rail Couplers 

and Parts Thereof from Mexico). The 

Commission currently is scheduled to 

complete and file its determinations and 

views of the Commission on November 

6, 2023. 

5. Outstanding action jackets: none. 

CONTACT PERSON FOR MORE INFORMATION: 

Sharon Bellamy, Supervisory Hearings 

and Information Officer, 202–205–2000. 

The Commission is holding the 

meeting under the Government in the 

Sunshine Act, 5 U.S.C. 552(b). In 

accordance with Commission policy, 

subject matter listed above, not disposed 

of at the scheduled meeting, may be 

carried over to the agenda of the 

following meeting. Earlier notification 

of this meeting was not possible. 

By order of the Commission. 

Issued: October 17, 2023. 

Sharon Bellamy, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2023–23158 Filed 10–17–23; 11:15 am] 

BILLING CODE 7020–02–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– 

0050 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2023–0050. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 


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72106 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 

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–2023–021–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 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.500(d) to permit the use of nonpermissible battery powered portable 

radios in or inby 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 

or inby 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 or inby 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 

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 

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. 2023–23082 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– 

0052 by any of the following methods: 


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