97074 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices 

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. 

(m) The miners at Francisco 

Underground Pit 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. 2024–28517 Filed 12–5–24; 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 

Midwest Mining, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 6, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0091 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0091. 

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, 4th Floor West, 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. 

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–2024–065–C. 

Petitioner: Peabody Midwest Mining 

LLC, CR 725 East, Francisco, Indiana 

47699. 62237. 

Mine: Francisco Underground Pit, 

MSHA ID No. 12–02295, located in 

Gibson County, Indiana. 

Regulation Affected: 30 CFR 

75.1002(a), Permissible electric 

equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.1002(a) to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

radios within 150 feet of pillar workings 

or longwall faces. 

The petitioner states that: 

(a) Peabody previously filed a petition 

for modification of 30 CFR 75.1002(a) 

on July 12, 2023 (Docket Number M– 

2023–022–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 (see 

Exhibits 1 and 2) 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 75.1002(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 (see Exhibits 3 and 4). Other 

intrinsically 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. 

(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 

R–7 Portable Two-Way Radio (HAZ LOC 

certified by UL standards ANSI/TIA 

4950). 

(b) All such radios shall be rated IP 66 

or higher. 

(c) All non-permissible radios shall be 

examined by a qualified person as 

defined in 30 CFR 75.153 prior to use 

to ensure the equipment is being 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices 97075 

maintained in a safe operating 

condition. These examinations results 

shall be recorded in the weekly 

examination book and shall 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. 

(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 detectors. 

(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 shall 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. 

(m) The miners at Francisco 

Underground Pit 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. 2024–28518 Filed 12–5–24; 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 

Midwest Mining, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 6, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0090 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0090. 

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, 4th Floor West, 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. 

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–2024–064–C. 

Petitioner: Peabody Midwest Mining 

LLC, CR 725 East, Francisco, Indiana 

47699. 62237. 

Mine: Francisco Underground Pit, 

MSHA ID No. 12–02295, located in 

Gibson County, Indiana. 

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– 

2023–023–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 


lotter on DSK11XQN23PROD with NOTICES1