80960 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

(e) Written instructions for 

conservation of water shall be provided 

with the refuge chamber supplies. 

(f) All miners affected shall receive 

training in the operation of the refuge 

chambers and shall receive refresher 

training annually. 

(g) The refuge chambers shall be 

inspected regularly, with quarterly 

inspections and servicing from 

manufacturer approved representatives. 

These inspections and servicing shall 

continue to be documented and 

provided to the Mine Manager or their 

designee. 

(h) 

TABLE 1—REFUGE CHAMBERS AT POGO MINE

[Current status] 

Refuge chamber Manufacturer Number capacity 

in persons 

MRC 1 ...................................................................................... DEA ......................................................................................... 16 

MCR 2 ...................................................................................... DEA ......................................................................................... 16 

MCR 3 ...................................................................................... DEA ......................................................................................... 8 

MCR 4 ...................................................................................... DEA ......................................................................................... 12 

MCR 5 ...................................................................................... Bost ......................................................................................... 20 

MCR 6 ...................................................................................... Bost ......................................................................................... 20 

MCR 7 ...................................................................................... Bost ......................................................................................... 20 

MCR 8 ...................................................................................... MineArc ................................................................................... 16 

MCR 9 ...................................................................................... MineArc ................................................................................... 16 

MCR 10 .................................................................................... MineArc ................................................................................... 8 

MCR 11 .................................................................................... MineArc ................................................................................... 8 

MCR 18 .................................................................................... MineArc ................................................................................... 8 

MCR 19 .................................................................................... MineArc ................................................................................... 8 

MCR 24 .................................................................................... Bost ......................................................................................... 20 

TABLE 2—ENTRAPMENT CHAMBERS AT POGO MINE

[Current status] 

Entrapment chamber Manufacturer Number capacity 

in persons 

MCR 12 .................................................................................... MineArc ................................................................................... 6 

MCR 13 .................................................................................... MineArc ................................................................................... 6 

MCR 14 .................................................................................... MineArc ................................................................................... 6 

MCR 15 .................................................................................... MineArc ................................................................................... 6 

MCR 16 .................................................................................... MineArc ................................................................................... 6 

MCR 17 .................................................................................... MineArc ................................................................................... 6 

MCR 20 .................................................................................... MineArc ................................................................................... 4 

MCR 21 .................................................................................... MineArc ................................................................................... 4 

MCR 22 .................................................................................... MineArc ................................................................................... 4 

MCR 23 .................................................................................... MineArc ................................................................................... 4 

(i) Portable refuge chambers have a 

capacity from 8 to 20 persons with 4 

that have a 20-person capacity. 

Additionally, portable entrapment 

chambers have a capacity of 4 to 6 

persons and are utilized per Northern 

Star (Pogo), LLC, standards to provide 

safe refuge for persons potentially 

working behind heavy equipment who 

may be entrapped in an emergency with 

heavy equipment in their path of travel 

preventing safe evacuation. All 

chambers are equipped with gas 

monitoring equipment, packaged 

drinking water, oxygen bottles, backup 

compressed air, toilet, radio, phone, air 

conditioning, back up battery power, 

fire blankets, fire extinguishers, and 

food rations. 

(j) The MineARC refuge chambers are 

equipped with and pre-packaged 

MARCISORB chemical absorber 

cartridges to remove the buildup of 

harmful carbon dioxide (CO2) and 

carbon monoxide (CO) from the air 

inside the refuge chamber. The DEA 

refuge chambers have been retrofitted 

with a MineARC electrical scrubbing 

system and pre-packaged MARCISORB 

chemical absorber cartridges as well. 

Bost refuge chambers have an electrical 

scrubbing system utilizing soda lime 

(Dra ̈gersorb) to remove the buildup of 

CO2 and gold-based oxidation catalyst 

(PremioxTM) to remove CO from the air 

inside the refuge chamber. 

(k) Northern Star (Pogo), LLC, has 

reviewed this petition with the miner’s 

representatives on June 15, 2024, who 

concur with and support all statements 

made with this petition. Miners at Pogo 

Mine are not represented by any labor 

organization. 

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. 2024–22930 Filed 10–3–24; 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 


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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80961 

Administration (MSHA) by Peabody 

Gateway North Mining LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before November 4, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0049 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0049. 

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, 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, 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–2024–026–C. 

Petitioner: Peabody Gateway North 

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), Permissible electric equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.507–1(a) to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

radios used in the return airways. 

The petitioner states that: 

(a) Peabody previously filed a petition 

for modification of 30 CFR 75.507–1(a) 

on July 12, 2023 (Docket Number M– 

2023–020–C), but the Proposed Decision 

and Order (PDO) was denied by MSHA 

on June 4, 2024. 

(b) Peabody currently uses Motorola 

and Kenwood permissible radios in its 

underground mine to communicate 

between miners. Such communication 

facilitates movement of equipment, 

assignment of necessary work as well as 

communication with the surface control 

room. 

(c) The mines also use wired 

communication systems and the 

communication and tracking systems 

required in the mine’s Emergency 

Response Plan. Such communication 

facilitates efficiency and safety. It occurs 

along the face areas and in other areas 

covered by this standard. It facilitates 

communication in case of emergencies 

such as injuries both on the section and 

to the surface. 

(d) Motorola and Kenwood have 

discontinued the manufacture and sale 

of MSHA-approved permissible radios. 

Such radios were the only permissible 

radios available for the underground 

coal mine industry. The notices 

indicated that for a period of time the 

radios were sold out of stock but that 

ceased as indicated in the notes. 

Peabody is not aware of any other radio 

which is economically feasible. 

(e) Peabody seeks modification of 30 

CFR 75.507–1(a) as it applies to use of 

low voltage battery-powered nonpermissible radios. It intends to use the 

following equipment: 

(1) Motorola R–7 Portable Two-Way 

Radio. Other safe portable radios may 

subsequently be used if approved in 

advance by the MSHA District Manager. 

(f) Peabody mines utilize the 

continuous miner method of mining. 

Some sections utilize two continuous 

miners and use of the radios permits 

coordination of the coal haulers and 

between the two continuous miners as 

well as communication near pillar and 

sealed area workings. 

(g) Effective communication is critical 

to the safety of the miners at the mine. 

It reduces the potential for collisions 

and pedestrian accidents and facilitates 

communication in an emergency. 

(h) The alternative method proposed 

in the petition will at all times 

guarantee no less than the same measure 

of protection afforded by the standard. 

The petitioner proposes the following 

alternative method: 

(a) Non-permissible intrinsically safe 

radios to be used include the Motorola 

R7 Portable Two-Way Radio. 

(b) All such radios shall be rated IP 66 

or higher. 

(c) All non-permissible radios used in 

the return airways will 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. These 

examinations results shall be recorded 

in the weekly examination book and 

will be made available to MSHA and the 

miners at the mine. 

(d) A qualified person as defined in 

30 CFR 75.151 shall continuously 

monitor for methane immediately before 

and during the use of non-permissible 

radios used in the return airways. 

(e) Non-permissible radios shall not 

be used if methane is detected in 

concentrations at or above one percent. 

When one percent or more methane is 

detected while the non-permissible 

radios are being used, the radios shall be 

de-energized immediately by turning 

them off and withdrawn from the area. 

(f) All hand-held methane detectors 

shall be MSHA approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. Each miner using a radio 

shall be trained in the use of handheld 

methane details. 

(g) All radios shall be used in 

accordance with the safe use procedures 

recommended by the manufacturer. 

(h) Personnel who use nonpermissible radios shall be properly 

trained to recognize the hazards and 

limitations associated with use of the 

equipment. 

(i) The radio battery is designed to last 

more than the length of a shift. The 

radio shall not be charged underground 

and shall be charged on the surface in 

accordance with the procedure for other 

battery-operated devices such as 

methane detectors. 

(j) 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, 

at all the mines for which the PDO 


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80962 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

granted by MSHA applies, for a period 

of not less than 60 consecutive days and 

a copy shall be made available to all 

miners’ representatives. 

(k) The proposed radios will be 

available for inspection and testing 

during MSHA’s investigation. As other 

radios are acquired, if the petition is 

granted, such radios shall be made 

available for MSHA inspection. The 

radios shall be made available for 

MSHA testing during the investigation. 

(l) The Motorola radio is rated IP 66 

and IP 68. It is powered by a lithium 

cell. Two such radios have been 

purchased by Peabody and are available 

at Gateway North for examination and 

testing by MSHA. Peabody has not, 

itself, tested such radios because it is 

presumed that MSHA will intend to 

conduct tests at the mine and would be 

unlikely to accept Peabody’s results. 

(m) The miners at Gateway North 

Mine are not currently represented by a 

labor organization and this petition is 

posted at the mine. 

In support of the proposed alternative 

method, the petitioner has also 

submitted manufacturer product 

specification sheets for MSHA-approved 

permissible radios indicating they are 

no longer available and manufacturer 

product specification sheets for the 

proposed Motorola R–7 Portable TwoWay Radio. 

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. 2024–22931 Filed 10–3–24; 8:45 am] 

BILLING CODE 4520–43–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 24–09] 

Notice of Entering Into a Compact With 

the Republic of Sierra Leone 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice. 

SUMMARY: In accordance with the 

provisions of the Millennium Challenge 

Act of 2003, as amended, the 

Millennium Challenge Corporation 

(MCC) is publishing a summary of the 

Millennium Challenge Compact 

(Compact) between the United States of 

America and the Republic of Sierra 

Leone. Representatives of the United 

States of America and the Republic of 

Sierra Leone executed the Compact on 

September 27, 2024. The complete text 

of the Compact has been posted at: 

https://www.mcc.gov/resources/doc/ 

compact-sierra-leone/. 

(Authority: 22 U.S.C. 7709 (b)(3)) 

Dated: September 30, 2024. 

Peter E. Jaffe, 

Vice President, General Counsel, and 

Corporate Secretary. 

Summary of Sierra Leone Compact 

Overview of MCC Sierra Leone 

Compact 

The Millennium Challenge 

Corporation (MCC), on behalf of the 

United States of America, has signed a 

five-year Compact with the Republic of 

Sierra Leone aimed at reducing poverty 

through economic growth. MCC funding 

of $480,669,000, together with a 

voluntary contribution of $14,200,000 

from the Government of Sierra Leone, 

will support economic growth in Sierra 

Leone through investments in the 

energy sector to address the constraints 

of insufficient availability of affordable 

and reliable electricity. The Compact 

will address these constraints through 

three projects: (1) the Transmission 

Backbone Project; (2) the Distribution 

and Access Project; and (3) the Power 

Sector Reform Project. 

Background and Context 

Sierra Leone’s economy suffers from a 

power sector that cannot serve its 

existing customer base or keep up with 

future business and household demand. 

This is due to limited and high-cost 

supply, low capacity and poor 

reliability of the transmission and 

distribution networks, and the 

ineffectiveness of sector policies and 

institutions. These bottlenecks 

negatively impact current customers, 

most of whom are in the capital city, 

and prevent Sierra Leone from 

expanding electricity service to the 70% 

of the population without electricity. As 

the economy grows and the grid 

expands, load forecasts suggest demand 

will more than double by the end of the 

compact term. 

Meeting this demand will require 

large investments in foundational 

infrastructure and institutional 

capabilities. The need to simultaneously 

address multiple sector constraints, 

combined with the long lead times 

required to plan, finance, and construct 

large scale infrastructure, poses a major 

coordination challenge for public and 

private investment in the sector. This 

coordination challenge is magnified by 

the lack of capacity at sector institutions 

to reassess, update, and execute against 

sector planning documents—as well as 

sector wide issues with transparency 

and governance. As a result, much 

needed public and private investment is 

all too often delayed, withdrawn, or 

exceedingly costly due to the risks and 

uncertainties involved. 

Given this sector context, the 

Compact strengthens the foundations of 

a reliable electricity sector through 

investments in transmission and 

distribution infrastructure, development 

of a strong enabling environment for 

independent power producers, and 

substantial capacity building support for 

the utilities and key sector institutions. 

Project Summaries 

The compact program consists of 

three projects: 

(1) The Transmission Backbone 

Project ($226,702,000) will expand 

Sierra Leone’s transmission network to 

increase network coverage, increase the 

throughput capacity needed to evacuate 

increasing electricity supply, and 

increase reliability of service. With less 

than 500 miles of transmission lines 

currently in Sierra Leone, the country’s 

extremely limited grid means most 

citizens do not have access to power. 

This project connects a high-voltage 

West African Power Pool transmission 

line to the capital city. The project also 

builds and operationalizes a main and 

back up transmission dispatch center 

critical for network reliability and 

integration into the regional power 

marketplace. Technical assistance 

supports critical capacity development 

for the transmission utility in 

transmission operations and 

maintenance. 

(2) The Distribution and Access 

Project ($123,634,000) is designed to 

increase reliability of the grid, improve 

the financial viability of the distribution 

utility, and make strategic investments 

in connecting new customers to the grid 

and regularizing existing connections. 

This project refurbishes critical 

components of the distribution network 

in the capital city where 80% of power 

is consumed in Sierra Leone and 

reduces both technical and commercial 

losses through the provision of new 

meters and organizational change. 

Access investments include distribution 

line and substation expansion as well as 

direct connections to select end users, 

driven by socioeconomic data and 

planned transmission expansion. In 

addition, this project will involve the 

construction and operationalization of a 

main and a back-up distribution 

dispatch center to improve the 

Electricity Distribution and Supply 

Authority’s operations and maintenance 

performance. 


khammond on DSKJM1Z7X2PROD with NOTICES