Petition for Modification of Application of Existing Mandatory Safety Standards, 32068-32069 [2021-12607]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Notices]
[Pages 32068-32069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12607]


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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.

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SUMMARY: This notice includes the 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 July 16, 2021.

ADDRESSES: You may submit your comments including the docket number of 
the petition by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452,
    Attention: Jessica D. Senk, 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.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected], (email), or 202-693-9441 (facsimile). [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-2021-001-M.
    Petitioner: Haile Gold Mine, Inc., 7980 Haile Gold Mine Rd., 
Kershaw, SC (ZIP 29067).
    Mine: Haile Gold Mine, MSHA ID No. 38-00600, located in Lancaster 
County, South Carolina.
    Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 49.2(c), to permit an alternative method of 
compliance with the standard with respect to the requirement for a 
minimum of one year underground mine rescue experience for all members 
of an underground rescue team.
    The petitioner states that:
    (a) Haile Gold Mine is a small and remote mine, with no underground 
mine rescue coverage located in the State of South Carolina.
    (b) The closest underground mine rescue stations that could provide 
mine rescue coverage are located in Luttrell, Tennessee, and Ellijay, 
Georgia. These are 275 miles and 341 miles away, respectively, by 
ground travel.
    (c) Pursuant to 30 CFR 49.2(f), except where alternative compliance 
is permitted under 30 CFR 49.3 or 30 CFR 49.4, no mine served by a mine 
rescue team shall be located more than two hours ground travel time 
from the mine rescue station with which the rescue team is associated.
    (d) The Haile Gold Mine currently employs approximately 536 miners 
and produces approximately 100,000 tons per day. The mine operates open 
pit and will commence underground mining in

[[Page 32069]]

2021 with two production shifts per day, operating seven days per week.
    (e) The Haile Gold Mine proposes to provide the required mine 
rescue coverage during the expanded underground development with 12 
fully trained employees. The underground development team will be 
comprised of current surface mine rescue, safety, and underground 
department employees, not all of whom will meet the required one year 
of underground rescue experience.
    The petitioner proposes the following alternative method:
    (a) Prior to initiation of underground development, each 
underground mine rescue team member will receive the following training 
from a fully qualified MSHA Underground Mine Rescue instructor:
    1. 40 hours of 30 CFR. part 48 Underground Mining Safety Training;
    2. Successful completion of physical/medical fitness exam in 
compliance with 30 CFR 49.7;
    3. 20 hours of initial underground mine rescue training on the use, 
care, and maintenance of a BG-4 positive pressure closed circuit 
breathing apparatus;
    4. First Aid and CPR certification; and
    5. All other training required in 30 CFR part 49.
    (b) A mine rescue station will be established on site compliant 
with 30 CFR 49.5.
    (c) As the underground mine develops, additional surface mine 
rescue personnel onsite will receive the following training from a 
fully qualified MSHA Underground Mine Rescue instructor:
    1. Successful completion of physical/medical fitness exam in 
compliance with 30 CFR 49.7;
    2. 40 hours of 30 CFR part 48 Underground Mining Safety Training;
    3. 20 hours of initial underground mine rescue training on the use, 
care, and maintenance on a BG-4 positive pressure closed circuit 
breathing apparatus; and;
    4. All other training required in 30 CFR part 49.
    (d). All underground rescue team members will attend monthly 
training following 30 CFR part 49 requirements after completion of 
their initial 20 hours of training.
    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.

Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-12607 Filed 6-15-21; 8:45 am]
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