Notice2023-23078
Petition for Modification of Application of Existing Mandatory Safety Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 19, 2023
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72107-72108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23078]
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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.
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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
[[Page 72108]]
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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2023-0050.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#1a6a7f6e736e737574797577777f746e695a7e7576347d756c"><span class="__cf_email__" data-cfemail="c9b9acbda0bda0a6a7aaa6a4a4aca7bdba89ada6a5e7aea6bf">[email protected]</span></a>.
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),
<a href="/cdn-cgi/l/email-protection#520237263b263b3d3c21343d203f3d363b343b3133263b3d3c12363d3e7c353d24"><span class="__cf_email__" data-cfemail="712114051805181e1f02171e031c1e15181718121005181e1f31151e1d5f161e07">[email protected]</span></a> (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 Gateway North Mining LLC, 12968 State 13,
Coulterville, Illinois 62237.
Mine: Gateway North Mine, MSHA ID No. 11-03235, located in Randolph
County, Illinois.
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 testing and diagnostic equipment 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 electronic equipment is
being used, the equipment 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. 2023-23078 Filed 10-18-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on October 19, 2023.
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