Petition for Modification of Application of Existing Mandatory Safety Standard, 72111-72112 [2023-23075]

Download as PDF Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices measure of protection afforded the miners under the mandatory standard. and disposition of petitions for modification. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. 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. [FR Doc. 2023–23073 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 Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: 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– 0051 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0051. 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 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, lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:48 Oct 18, 2023 Jkt 262001 II. Petition for Modification Docket Number: M–2023–022–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 75.1002(a) (Installation of electrical equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of 30 CFR 75.1002(a) to permit the use of nonpermissible battery powered portable radios on the longwall face or within 150 feet of pillar workings. 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. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 72111 (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 within 150 feet of pillar workings 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 within 150 feet of pillar workings. (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 E:\FR\FM\19OCN1.SGM 19OCN1 72112 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 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. 2023–23075 Filed 10–18–23; 8:45 am] BILLING CODE 4520–43–P MILLENNIUM CHALLENGE CORPORATION [MCC FR 23–08] (Authority: Federal Advisory Committee Act, 5 U.S.C. App.) Notice of Open Meeting Dated: October 16, 2023. Gina Porto Spiro, Acting Vice President, General Counsel, and Corporate Secretary. Millennium Challenge Corporation. ACTION: Notice. AGENCY: In accordance with the requirements of the Federal Advisory Committee Act, the Millennium Challenge Corporation (MCC) Economic Advisory Council was established as a discretionary advisory committee on October 5, 2018. Its charter was most recently renewed on September 30, 2022. The MCC Economic Advisory Council serves MCC solely in an advisory capacity and provides advice and guidance to MCC economists, evaluators, leadership of the Department of Policy and Evaluation and senior MCC leadership regarding relevant trends in development economics, applied economic and evaluation methods, and poverty analytics, as well as modeling, measuring, and evaluating development interventions. In doing so, the MCC Economic Advisory Council helps sharpen MCC’s analytical methods and capacity in support of the agency’s economic development goals. It also serves as a sounding board and reference group for assessing and advising on strategic policy innovations and methodological directions in MCC. DATES: Friday, November 3, 2023, from 10 a.m.–12:30 p.m. ET. ADDRESSES: The meeting will be held in a hybrid format, both in-person at 1099 14th Street NW, Suite 700, Washington, DC 20005, and via WebEx. FOR FURTHER INFORMATION CONTACT: Mesbah Motamed, 202.521.7874, MCCEACouncil@mcc.gov or visit www.mcc.gov/about/org-unit/economicadvisory-council. SUPPLEMENTARY INFORMATION: Agenda: During this meeting of the MCC Economic Advisory Council, members will receive an overview of lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:48 Oct 18, 2023 MCC’s work and the context and function of the MCC Economic Advisory Council within MCC’s mission. The MCC Economic Advisory Council will also discuss issues related to MCC’s core functions, including a focus on MCC’s climate-related analytics and investments. Public Participation: The meeting will be open to the public. Members of the public may file written statements before or after the meeting. If you plan to participate, please submit your name and affiliation no later than Friday, October 27, 2023, to MCCEACouncil@ mcc.gov to receive instructions on how to attend. Jkt 262001 [FR Doc. 2023–23109 Filed 10–18–23; 8:45 am] BILLING CODE 9211–03–P NATIONAL SCIENCE FOUNDATION Advisory Committee for STEM Education; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Foundation (NSF) announces the following meeting: Name and Committee Code: Advisory Committee for STEM Education (EDU) (#1119) (Hybrid Meeting). Date and Time: November 15, 2023; 9:30 a.m.–5:30 p.m. (EST); November 16, 2023, 9:30 a.m.–2:00 p.m. (EST). Place: National Science Foundation, 2415 Eisenhower Avenue, Room 3450, Alexandria, VA 22314. Hybrid participation is for members and speakers only. Public participants may attend the meeting virtually, using https://nsf.zoomgov.com/webinar/ register/WN_ wP2IYrRAQMGMHxWh5v8Mfg. All visitors must register at least 48 hours prior to the meeting. The final agenda for the meeting will be posted to: https://www.nsf.gov/edu/advisory.jsp. Type of Meeting: Open. Contact Person: Keaven Stevenson, Directorate Administrative Coordinator, Room C 11044, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314. Contact Information: (703) 292–8663/kstevens@ nsf.gov. Summary of Minutes: Minutes and meeting materials will be available on the EDU Advisory Committee website at https://www.nsf.gov/edu/advisory.jsp or PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 can be obtained from Dr. Lee Zia, National Science Foundation, 2415 Eisenhower Avenue, Room C 11000, Alexandria, VA 22314; Telephone: (703) 292–8600; email: ehr_ac@nsf.gov. Purpose of Meeting: To provide advice with respect to the Foundation’s science, technology, engineering, and mathematics (STEM) education programming. Agenda Theme: A Time To Reflect, a Time To Progress Wednesday, November 15, 2023, 9:30 a.m.–5:30 p.m. (EST) • Opening • Session 1: A Year in Review by EDU’s Assistant Director • Session 2: Broadening Participation in STEM in the Context of the New Legal Landscape • Session 3: Reflecting Upon DEIA & NSF • Session 4: Reflecting Upon STEM Education Priorities • Session 5: Committee of Visitors for the Division on Research and Learning Thursday, November 16, 2023, 9:30 a.m.–2:00 p.m. (EST) • Opening • Session 6: Further Reflection Upon Session 2 • Session 7: CEOSE Reflections: Making Visible the Invisible • Preparation for Meeting with Director and Chief Operating Officer • Meet with the Director and Chief Operating Officer • Closing Session Dated: October 13, 2023. Crystal Robinson, Committee Management Officer. [FR Doc. 2023–23033 Filed 10–18–23; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2023–0145] Draft Interim Staff Guidance: Radiological Survey and Dose Modeling of the Subsurface To Support License Termination Nuclear Regulatory Commission. ACTION: Draft guidance; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft Interim Staff Guidance (ISG), DUWP–ISG–02, SUMMARY: E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72111-72112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23075]


-----------------------------------------------------------------------

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-
0051 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0051.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    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 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), 
[email protected] (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-2023-022-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 75.1002(a) (Installation of electrical 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1002(a) to permit the use of non-permissible battery powered 
portable radios on the longwall face or within 150 feet of pillar 
workings.
    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 within 150 feet of pillar 
workings 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 within 150 feet of pillar workings.
    (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 non-permissible radios shall be trained to

[[Page 72112]]

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. 2023-23075 Filed 10-18-23; 8:45 am]
BILLING CODE 4520-43-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.