Petition for Modification of Application of Existing Mandatory Safety Standards, 13007-13008 [2022-04862]

Download as PDF Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 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. SUPPLEMENTARY INFORMATION: 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. 3. 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–2022–004–M. Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Highway, Elko, Nevada, 89801. Mine: Leeville Mine, MSHA ID No. 26–02512, located in Eureka County, Nevada. Regulation Affected: 30 CFR 57.11052(d) Refuge areas. Modification Request: The petitioner requests a modification of 30 CFR 57.11052(d) to permit the use of sealed purified drinking water in lieu of providing potable water through waterlines in the existing refuge chambers and future refuge chambers and locations. The petitioner states that: (a) The mine is an underground portal gold mine with 21 refuge chambers located throughout the underground portion of the mine. In the refuge areas, drinkable water is supplied via commercially purchased water in sealed pouches. (b) The refuge chambers are MineARC refuge chambers and are made of steel. The refuge chambers are equipped for a maximum capacity of between 6 and 16 miners each. This capacity exceeds the normal work crew of approximately 125 miners underground on any shift. (c) Each refuge chamber is provided with a waterline. The water flowing through these lines is not potable due to the configuration of the waterlines and the water source. Installing waterlines to VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 provide potable drinking water to each refuge chamber is not feasible due to the lack of essential infrastructure. (d) The waterlines are susceptible to damage during an emergency and under normal working conditions. The water supply could be cut off completely. (e) In an emergency, there can be no guarantee of potable drinking water via the waterline for miners using the refuge area. Application of the standard could adversely impact the safety of the affected miners if they were to rely on waterlines running from the portal to the refuge chambers, as these lines are subject to interruption and are inherently less safe than sanitary sealed water pouches located inside the refuge chambers. Sealed water stored inside each refuge chamber ensures that affected miners will have sanitary drinking water available to them in an emergency. (f) The 21 refuge chambers at the mine are portable. Allowing the use of refuge chambers which do not have to be connected to waterlines provides greater flexibility in the location of the refuge chambers. Refuge chambers can be located in direct relation to where miners are working and relocated quickly to working areas as needed for the protection of miners. The petitioner proposes the following alternative method: (a) Drinking water will be supplied via commercially purchased water in sealed individual portion-sized pouches in each refuge chamber. The water is supplied by the case and packaged into 4.225 fluid ounce/125 milliliter portions with 100 individual portion sizes per case. (b) At a minimum, the refuge chamber will be supplied with 2.25 quarts of water per day per person for 4 days. The total amount of water provided will vary depending on the maximum capacity of the refuge chamber. In a 6-man refuge chamber, a minimum of five cases of water will be provided. In a 16-man refuge chamber, a minimum of 12 cases of water will be provided. (c) The water will have a maximum shelf life of 5 years. The operator will replace the existing water supply with fresh water before the water’s expiration date. The condition and quantity of water will be confirmed by inspection on no less than a monthly basis. (d) Written instructions for conservation of water will be provided with the refuge chamber supplies. (e) All miners affected will receive training in the operation of the refuge chamber and will receive refresher training annually. (f) The refuge chamber will be inspected monthly and documented by PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 13007 the Mine Manager or the Manager’s designee. The petitioner asserts that the alternative 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, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2022–04861 Filed 3–7–22; 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 a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petitions must be received by MSHA’s Office of Standards, Regulations, and Variances on or before April 7, 2022. ADDRESSES: You may submit comments identified by Docket No. MSHA–2022– 0011 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2022–0011. 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, Acting 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.] SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1 13008 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 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. SUPPLEMENTARY INFORMATION: 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. 3. 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–2022–003–M. Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Highway, Elko, Nevada, 89801. Mine: Pete Bajo Mine, MSHA ID No. 26–02689, located in Eureka County, Nevada. Regulation Affected: 30 CFR 57.11052(d) Refuge areas. Modification Request: The petitioner requests a modification of 30 CFR 57.11052(d) to permit the use of sealed purified drinking water in lieu of providing potable water through waterlines in the existing refuge chambers and future refuge chambers and locations. The petitioner states that: (a) The mine is an underground portal gold mine with seven refuge chambers located throughout the underground portion of the mine. In the refuge areas, drinkable water is supplied via commercially purchased water in sealed pouches. (b) The refuge chambers are MineARC refuge chambers and are made of steel. The refuge chambers are equipped for a maximum capacity of between 6 and 16 miners each. This capacity exceeds the normal work crew of approximately 32 miners underground on any shift. (c) Each refuge chamber is provided with a waterline. The water flowing through these lines is not potable due to the configuration of the waterlines and the water source. Installing waterlines to VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 provide potable drinking water to each refuge chamber is not feasible due to the lack of essential infrastructure. (d) The waterlines are susceptible to damage during an emergency and under normal working conditions. The water supply could be cut off completely. (e) In an emergency, there can be no guarantee of potable drinking water via the waterline for miners using the refuge area. Application of the standard could adversely impact the safety of the affected miners if they were to rely on waterlines running from the portal to the refuge chambers, as these lines are subject to interruption and are inherently less safe than sanitary sealed water pouches located inside the refuge chambers. Sealed water stored inside each refuge chamber ensures that affected miners will have sanitary drinking water available to them in an emergency. (f) The seven refuge chambers at the mine are portable. Allowing the use of refuge chambers which do not have to be connected to waterlines provides greater flexibility in the location of the refuge chambers. Refuge chambers can be located in direct relation to where miners are working and relocated quickly to working areas as needed for the protection of miners. The petitioner proposes the following alternative method: (a) Drinking water will be supplied via commercially purchased water in sealed individual portion-sized pouches in each refuge chamber. The water is supplied by the case and packaged into 4.227 fluid ounce/125 milliliter portions with 50 individual portion sizes per case. (b) At a minimum, the refuge chamber will be supplied with 2.25 quarts of water per day per person for 4 days. The total amount of water provided will vary depending on the maximum capacity of the refuge chamber. In a 6-man refuge chamber, a minimum of nine cases of water will be provided. In a 16-man refuge chamber, a minimum of 24 cases of water will be provided. (c) The water will have a maximum shelf life of 5 years. The operator will replace the existing water supply with fresh water before the water’s expiration date. The condition and quantity of water will be confirmed by inspection on no less than a monthly basis. (d) Written instructions for conservation of water will be provided with the refuge chamber supplies. (e) All miners affected will receive training in the operation of the refuge chamber and will receive refresher training annually. (f) The refuge chamber will be inspected monthly and documented by PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 the Mine Manager or the Manager’s designee. The petitioner asserts that the alternative 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, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2022–04862 Filed 3–7–22; 8:45 am] BILLING CODE 4520–43–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 22–017] Notice of Intent To Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License National Aeronautics and Space Administration. ACTION: Notice of intent to grant exclusive, co-exclusive or partially exclusive patent license. AGENCY: NASA hereby gives notice of its intent to grant an exclusive, coexclusive or partially exclusive patent license to practice the inventions described and claimed in the patents and/or patent applications listed in SUPPLEMENTARY INFORMATION below. DATES: The prospective exclusive, coexclusive or partially exclusive license may be granted unless NASA receives written objections including evidence and argument, no later than March 23, 2022 that establish that the grant of the license would not be consistent with the requirements regarding the licensing of federally owned inventions as set forth in the Bayh-Dole Act and implementing regulations. Competing applications completed and received by NASA no later than March 23, 2022 will also be treated as objections to the grant of the contemplated exclusive, co-exclusive or partially exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act. Objections and Further Information: Written objections relating to the prospective license or requests for further information may be submitted to Agency Counsel for Intellectual Property, NASA Headquarters at Email: hq-patentoffice@mail.nasa.gov. Questions may be directed to Phone: (202) 358–3437. SUPPLEMENTARY INFORMATION: NASA intends to grant an exclusive, coSUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 13007-13008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04862]


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

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 a petition for modification submitted 
to the Mine Safety and Health Administration (MSHA) by the party listed 
below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before April 7, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0011 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0011.
    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, Acting 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.]

[[Page 13008]]


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.
    3. 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-2022-003-M.
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Highway, 
Elko, Nevada, 89801.
    Mine: Pete Bajo Mine, MSHA ID No. 26-02689, located in Eureka 
County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) Refuge areas.
    Modification Request: The petitioner requests a modification of 30 
CFR 57.11052(d) to permit the use of sealed purified drinking water in 
lieu of providing potable water through waterlines in the existing 
refuge chambers and future refuge chambers and locations.
    The petitioner states that:
    (a) The mine is an underground portal gold mine with seven refuge 
chambers located throughout the underground portion of the mine. In the 
refuge areas, drinkable water is supplied via commercially purchased 
water in sealed pouches.
    (b) The refuge chambers are MineARC refuge chambers and are made of 
steel. The refuge chambers are equipped for a maximum capacity of 
between 6 and 16 miners each. This capacity exceeds the normal work 
crew of approximately 32 miners underground on any shift.
    (c) Each refuge chamber is provided with a waterline. The water 
flowing through these lines is not potable due to the configuration of 
the waterlines and the water source. Installing waterlines to provide 
potable drinking water to each refuge chamber is not feasible due to 
the lack of essential infrastructure.
    (d) The waterlines are susceptible to damage during an emergency 
and under normal working conditions. The water supply could be cut off 
completely.
    (e) In an emergency, there can be no guarantee of potable drinking 
water via the waterline for miners using the refuge area. Application 
of the standard could adversely impact the safety of the affected 
miners if they were to rely on waterlines running from the portal to 
the refuge chambers, as these lines are subject to interruption and are 
inherently less safe than sanitary sealed water pouches located inside 
the refuge chambers. Sealed water stored inside each refuge chamber 
ensures that affected miners will have sanitary drinking water 
available to them in an emergency.
    (f) The seven refuge chambers at the mine are portable. Allowing 
the use of refuge chambers which do not have to be connected to 
waterlines provides greater flexibility in the location of the refuge 
chambers. Refuge chambers can be located in direct relation to where 
miners are working and relocated quickly to working areas as needed for 
the protection of miners.
    The petitioner proposes the following alternative method:
    (a) Drinking water will be supplied via commercially purchased 
water in sealed individual portion-sized pouches in each refuge 
chamber. The water is supplied by the case and packaged into 4.227 
fluid ounce/125 milliliter portions with 50 individual portion sizes 
per case.
    (b) At a minimum, the refuge chamber will be supplied with 2.25 
quarts of water per day per person for 4 days. The total amount of 
water provided will vary depending on the maximum capacity of the 
refuge chamber. In a 6-man refuge chamber, a minimum of nine cases of 
water will be provided. In a 16-man refuge chamber, a minimum of 24 
cases of water will be provided.
    (c) The water will have a maximum shelf life of 5 years. The 
operator will replace the existing water supply with fresh water before 
the water's expiration date. The condition and quantity of water will 
be confirmed by inspection on no less than a monthly basis.
    (d) Written instructions for conservation of water will be provided 
with the refuge chamber supplies.
    (e) All miners affected will receive training in the operation of 
the refuge chamber and will receive refresher training annually.
    (f) The refuge chamber will be inspected monthly and documented by 
the Mine Manager or the Manager's designee.
    The petitioner asserts that the alternative 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,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-04862 Filed 3-7-22; 8:45 am]
BILLING CODE 4520-43-P

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