Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80943 

crosscut, procedures in accordance with 

30 CFR 75.323 shall be followed. 

(g) Only the 3M TR–830 Battery Pack, 

which meets lithium battery safety 

standard UL 1642 or IEC 62133, in the 

3M Versaflo TR–800 PAPR shall be 

used. Only the CleanSpace EX Power 

Unit, which meets lithium battery safety 

standard UL 1642 or IEC 62133, in the 

CleanSpace EX shall be used. 

(h) If battery packs for the 3M Versaflo 

TR–800 PAPR are provided, all battery 

‘‘change outs’’ shall occur in intake air 

outby the last open crosscut. 

(i) The following maintenance and 

use conditions shall apply to equipment 

containing lithium type batteries: 

(1) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX Power Unit 

shall be disassembled nor modified by 

anyone other than permitted by the 

manufacturer of the equipment. 

(2) The 3M TR–830 Battery Pack shall 

be charged only in an area free of 

combustible material and in intake air 

outby the last open crosscut. The 3M 

TR–830 Battery Pack shall be charged 

only by a manufacturer’s recommended 

battery charger, such as the: 

(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. 

(3) The CleanSpace EX internal 

battery, which is contained within the 

power unit assembly, shall be charged 

in areas located outby the last open 

crosscut in intake air and only the 

manufacturer’s recommended battery 

chargers shall be used, such as the 

CleanSpace EX Battery Charger, Product 

Code PAF–0066. 

(4) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX power unit 

which contains the internal battery, 

shall be exposed to water, allowed to get 

wet or immersed in liquid. This does 

not preclude incidental exposure of the 

3M TR–830 Battery Pack or the 

CleanSpace EX power unit assembly. 

(5) Neither the 3M Versaflo TR–800 

PAPR nor the CleanSpace EX PAPR, 

including the internal battery, shall be 

used, charged or stored in locations 

where the manufacturer’s recommended 

temperature limits are exceeded. 

Neither the 3M Versaflo TR–800 PAPR 

nor the CleanSpace EX PAPR shall be 

placed in direct sunlight nor stored near 

a source of heat. 

(j) Annual retraining shall be given to 

all miners who will be involved with or 

affected by the use of the 3M Versaflo 

TR–800 or CleanSpace EX PAPRs in 

accordance with 30 CFR 48.8. Training 

of new miners on the requirements of 

the PDO granted by MSHA in 

accordance with 30 CFR 48.5, and 

training of experienced miners on the 

requirements of the PDO granted by 

MSHA in accordance with 30 CFR 48.6 

shall be given. The operator shall keep 

a record of such training and provide 

such record to MSHA upon request. 

(k) The miners at Gibson County Coal, 

LLC, Gibson South Mine, are not 

represented by a labor organization and 

there are no representatives of miners at 

the mine. A copy of this petition has 

been posted on the bulletin board at 

Gibson County Coal, LLC, Gibson South 

Mine, on August 30, 2024. 

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. 2024–22922 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 

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– 

0048 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0048. 

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–2024–025–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 

75.500(d), Permissible electric 

equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.500(d) to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

radios used in or inby the last open 

crosscut. 

The petitioner states that: 

(a) Peabody previously filed a petition 

for modification of 30 CFR 75.500(d) on 

July 12, 2023 (Docket Number M–2023– 


khammond on DSKJM1Z7X2PROD with NOTICES
80944 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

021–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 75.500(d) 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 

or inby the last open crosscut will be 

examined by a qualified person as 

defined in 30 CFR part 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 part 75.151 shall continuously 

monitor for methane immediately before 

and during the use of non-permissible 

radios used in or inby the last open 

crosscut. 

(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 outby the last 

open crosscut. 

(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 

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. 2024–22918 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 

Administration (MSHA) by Iron 

Cumberland, 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– 

0030 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0030. 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES