Petition for Modification of Application of Existing Mandatory Safety Standards, 97072-97074 [2024-28517]
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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.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
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]
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.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
18:02 Dec 05, 2024
Jkt 265001
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)
Bureau of Prisons, Justice.
Notice.
AGENCY:
ACTION:
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
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.)
SUMMARY:
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
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 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
SUMMARY:
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
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.
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
18:02 Dec 05, 2024
Jkt 265001
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.
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
97073
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
E:\FR\FM\06DEN1.SGM
06DEN1
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
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 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
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:02 Dec 05, 2024
Jkt 265001
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.
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
(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
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 97072-97074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28517]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 97073]]
instructions for submitting comments for MSHA-2024-0089.
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, 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),
[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-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 non-permissible 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 non-permissible 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
[[Page 97074]]
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 Two-Way 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
