97072 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and should 

refer to United States of America v. BCP 

Ingredients, Inc. Civ. No. 3:24–cv–5094 

(W.D. Mo.), D.J. Ref. No. 90–5–2–1– 

12805. All comments must be submitted 

no later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

If you require assistance accessing the 

consent decree, you may request 

assistance by email or mail to the 

addresses provided above for submitting 

comments. 

Kathryn C. Macdonald, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2024–28710 Filed 12–5–24; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act and Formerly Utilized Sites 

Remedial Action Program 

On December 2, 2024, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the Eastern District of Missouri 

in the lawsuit entitled United States v. 

Cotter Corporation (N.S.L.) and Norfolk 

Southern Railway Company, Civil 

Action No. 24–cv–1593. 

The United States filed this lawsuit 

under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) and the Formerly Utilized 

Sites Remedial Action Program 

(FUSRAP) for response costs incurred, 

and to be incurred, by the United States 

Army Corps of Engineers (the Corps) 

and Department of Defense for their 

removing contamination from uranium 

ore or residue processing materials at 

certain portions of the North St. Louis 

County Superfund Site in Missouri. 

Under the proposed Consent Decree, 

Cotter Corporation, Norfolk Southern 

Railway Company, and the United 

States will pay a combined total of 

nearly $164,000,000 in past and future 

response costs for costs associated with 

the above activities. In return, the 

proposed Consent Decree provides 

Cotter, Norfolk Southern, and the 

United States with a covenant not to sue 

or take administrative action under 

section 107(a) of CERCLA for any costs 

associated with the above activities at 

the North St. Louis County Site, as well 

as contribution protection under section 

113(f)(2) of CERCLA. 

The publication of this notice opens 

a period for public comment on the 

proposed Consent Decree. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and should 

refer to United States v. Cotter 

Corporation (N.S.L.) and Norfolk 

Southern Railway Company, D.J. Ref. 

No. 90–11–2–08259/3. All comments 

must be submitted no later than thirty 

(30) days after the publication date of 

this notice. Comments may be 

submitted either by email or by mail: 

To submit 

comments: Send them to: 

By e-mail ...... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the proposed Consent Decree may be 

examined and downloaded at this 

Justice Department website: https://

www.justice.gov/enrd/consent-decrees. 

If you require assistance accessing the 

proposed Consent Decree, you may 

request assistance by email or by mail 

to the addresses provided above for 

submitting comments. 

Kathryn C. Macdonald, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2024–28520 Filed 12–5–24; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

Annual Determination of Average Cost 

of Incarceration Fee (COIF) 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Notice. 

SUMMARY: Pursuant to regulations, the 

Bureau of Prisons publishes the Fiscal 

Year (FY) 2023 Cost of Incarceration Fee 

(COIF) for Federal inmates. 

DATES: December 6, 2024. 

ADDRESSES: Office of General Counsel, 

Federal Bureau of Prisons, 320 First 

Street NW, Washington, DC 20534. 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Crooks III, Assistant General 

Counsel/Rules Administrator, Federal 

Bureau of Prisons, at the address above 

or at (202) 353–4885. 

SUPPLEMENTARY INFORMATION: Title 28 of 

the Code of Federal Regulations, part 

505, allows for assessment of a fee to 

cover the average cost of incarceration 

for Federal inmates. We calculate the 

cost of incarceration fee (COIF) by 

dividing the number representing the 

Bureau of Prisons (Bureau) facilities’ 

monetary obligation (excluding 

activation costs) by the number of 

inmate-days incurred for the fiscal year, 

and then by multiplying the quotient by 

the number of days in the fiscal year. 

Based on FY 2023 data, the average 

annual COIF for a Federal inmate 

housed in a Bureau or non-Bureau 

facility in FY 2023 was $44,090 

($120.80 per day). The average annual 

COIF for a Federal inmate housed in a 

Residential Reentry Center for FY 2023 

was $41,437 ($113.53 per day). (Please 

note: There were 365 days in FY 2023.) 

James Wills, 

Assistant Director/General Counsel, Federal 

Bureau of Prisons. 

[FR Doc. 2024–28743 Filed 12–5–24; 8:45 am] 

BILLING CODE 4410–05–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– 

0089 by any of the following methods: 

1. Federal eRulemaking Portal: 

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


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices 97073 

instructions for submitting comments 

for MSHA–2024–0089. 

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–2024–063–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 

75.500(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– 

024–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 75.500(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 (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 

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 


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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