Petition for Modification of Application of Existing Mandatory Safety Standard, 72105-72106 [2023-23082]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices (i) explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due, notwithstanding § 201.14(a) of the Commission’s Rules of Practice and Procedure. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3700’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paper1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. VerDate Sep<11>2014 17:48 Oct 18, 2023 Jkt 262001 based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). PLACE: By order of the Commission. Issued: October 13, 2023. Lisa Barton, Secretary to the Commission. AGENCY: BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–23–049] Sunshine Act Meetings United States International Trade Commission. TIME AND DATE: October 24, 2023 at 11 a.m. AGENCY HOLDING THE MEETING: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. Frm 00065 Fmt 4703 Sfmt 4703 Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. No. 731– TA–1593 (Final) (Freight Rail Couplers and Parts Thereof from Mexico). The Commission currently is scheduled to complete and file its determinations and views of the Commission on November 6, 2023. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory Hearings and Information Officer, 202–205–2000. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Earlier notification of this meeting was not possible. By order of the Commission. Issued: October 17, 2023. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2023–23158 Filed 10–17–23; 11:15 am] BILLING CODE 7020–02–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. [FR Doc. 2023–23045 Filed 10–18–23; 8:45 am] PO 00000 72105 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– 0050 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0050. 2. Fax: 202–693–9441. 3. Email: petitioncomments@dol.gov. 4. Regular Mail or Hand Delivery: MSHA, Office of Standards, SUMMARY: E:\FR\FM\19OCN1.SGM 19OCN1 72106 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 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, 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. lotter on DSK11XQN23PROD with NOTICES1 II. Petition for Modification Docket Number: M–2023–021–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 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of 30 CFR 75.500(d) to permit the use of non- VerDate Sep<11>2014 17:48 Oct 18, 2023 Jkt 262001 permissible battery powered portable radios in or inby the last open crosscut. 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 in or inby the last open crosscut shall be examined by a qualified person as defined in 30 CFR 75.153 prior to use PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 in or inby the last open crosscut. (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 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. 2023–23082 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– 0052 by any of the following methods: SUMMARY: E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72105-72106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23082]


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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-
0050 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0050.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards,

[[Page 72106]]

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-2023-021-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 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to permit the use of non-permissible battery powered 
portable radios in or inby the last open crosscut.
    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 in or inby the last open 
crosscut 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 in or inby the last open crosscut.
    (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 
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. 2023-23082 Filed 10-18-23; 8:45 am]
BILLING CODE 4520-43-P

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