Petition for Modification of Application of Existing Mandatory Safety Standards, 67073-67074 [2022-24179]
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Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–ETA.
Title of Collection: Post Enrollment
Data Collection for Job Corps
Participants.
OMB Control Number: 1205–0426.
Affected Public: Individuals or
households; private sector—businesses
or other for-profits and not-for-profit
institutions.
Total Estimated Number of
Respondents: 49,200.
Total Estimated Number of
Responses: 93,400.
Total Estimated Annual Time Burden:
21,538 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Dated: October 31, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022–24177 Filed 11–4–22; 8:45 am]
BILLING CODE 4510–FT–P
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Emergency Mine Evacuation
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Mine Safety
and Health Administration (MSHA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before December 7, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
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SUMMARY:
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the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Nora Hernandez by telephone at 202–
693–8633, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: MSHA
requires each operator of an
underground coal mine to submit a
Mine Emergency Evacuation and
Firefighting Program of Instruction to
the MSHA District Manager for
approval. Upon approval by the MSHA
District Manager, the operator uses the
approved instruction program to
implement programs for training miners
to respond appropriately to mine
emergencies. MSHA uses the plans to
ensure that the operator’s program will
provide the required training and drills
to all miners. MSHA requires the
operators to certify the training and
drills for each miner at the completion
of each quarterly drill, annual
expectations training, or other training,
and that a copy be provided to the
miner upon request. These certifications
are used by MSHA, operators, and
miners as evidence that the required
training has been completed. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
June 17, 2022 (87 FR 36538).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
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67073
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–MSHA.
Title of Collection: Emergency Mine
Evacuation.
OMB Control Number: 1219–0141.
Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 155.
Total Estimated Number of
Responses: 867,338.
Total Estimated Annual Time Burden:
372,761 hours.
Total Estimated Annual Other Costs
Burden: $62,186.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Nora Hernandez,
Departmental Clearance Officer.
[FR Doc. 2022–24178 Filed 11–4–22; 8:45 am]
BILLING CODE 4510–43–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 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 December 7, 2022.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2022–
054 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2022–054.
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, 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,
SUMMARY:
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67074
Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices
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.
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II. Petition for Modification
Docket Number: M–2022–012–M.
Petitioner: Nyrstar Tennessee Mines—
Gordonsville, LLC, 120 Zinc Mine
Circle, Gordonsville, Tennessee, 38563.
Mine: Middle Tennessee Mine, MSHA
ID No. 40–00864, located in Smith
County, Tennessee.
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 the
refuge chamber’s internal air supply,
versus the use of a compressed air line,
to provide air for the underground
refuge chamber.
The petitioner states that:
(a) The application of 30 CFR
57.11052(d) requiring the use of a
compressed air line would be unsafe
under the conditions present at the
mine.
(b) The mine is an underground zinc
mine utilizing both random room and
pillar mining and longitudinal long-hole
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16:45 Nov 04, 2022
Jkt 259001
stoping. In both methods, a single
development drift is driven through
waste rock adjacent to the ore body.
When this drift reaches planned
elevations, level accesses are developed
to provide entry points to the ore body
for exploration and later ore production.
Once the level development and
exploration are completed at a planned
elevation, the ore is extracted either
perpendicular (random room and pillar
mining) or parallel to the strike of the
ore (longitudinal stoping).
(c) The mine has been in operation
since 1968, and the petitioner has
operated the Mine since 2009. During
the second quarter of 2022, the mine
typically had 25 stopes associated with
production, and approximately 15 main
development drifts in which exploration
and development were occurring. The
precise number of stopes and drifts may
vary slightly from one month to the
next.
(d) There are 22 to 33 miners working
in the mine.
(e) There are five active refuge
chambers located throughout the mine.
The locations are subject to change
depending on the mining direction.
(f) Each refuge chamber is a selfcontained chamber with its own sources
for electrical power, breathable air,
water, food, and a lavatory. Designed to
physically shield miners following an
underground emergency, each refuge
chamber can provide electrical power
and breathable air to eight occupants for
a minimum of 48 hours.
(g) The refuge chambers are compliant
with the following parameters of 30 CFR
part 7 Subpart L:
(1) Breathable air provided via
compressed oxygen or compressed air;
(2) Oxygen supply rate at 1.32 cubic
feet per hour per person;
(3) Compressed air supply rate at 12.5
cubic feet per minute per person.
(h) In addition to medical grade
oxygen cylinders and compressed air
cylinders, each refuge chamber has been
supplied with a compressed air line
with an Ingersoll-Rand 80 gallon electric
compressor outside of the chamber for
more than 15 years.
(i) A monitoring/diversion system
will be installed to prevent any
compressed air from entering the 29
South Refuge Chamber in case the
compressed air carbon monoxide level
reaches or exceeds 10 parts per million
(PPM). The other refuge chambers do
not require the installation of this
diversion system. If the petition is
granted, the diversion system will not
be used.
(j) Underground operations take place
in a dynamic environment. Exploration
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Fmt 4703
Sfmt 4703
and development areas are dominated
by self-propelled mobile equipment and
blasting activities.
(k) The refuge chambers must be
relocated from time to time. The
connection of air lines must be
considered when positioning the refuge
chambers
(l) Damage to the refuge chamber puts
miners at risk as it may not function as
intended. Each time a refuge chamber is
relocated, there is a potential that it will
be damaged. Similarly, if a compressed
air line needs to be run and connected
at each new location, there is a chance
that the line or the connections will be
damaged. Potential damage to the refuge
chamber, the external air line, and the
compressor increases each time a
chamber and the components are
moved, disconnected, rerouted,
reconnected, and tested. The risk of
damaging the lines and connectors is
eliminated by relying on the refuge
chamber’s medical grade oxygen
cylinders.
(m) Oxygen discharged from damaged
or leaking air lines could fuel a potential
fire, making the compressed air lines
more of a potential hazard than a source
of breathable air. Removing compressed
air lines removes this hazard.
(n) The air compressors are vulnerable
to power failure and damage. However,
the compressed medical oxygen
cylinders and compressed air cylinders
are secured within the refuge chamber
and are not subject to damage or power
failure. The medical grade oxygen
cylinders will at all times guarantee
miners no less than the same measure
of protection afforded by the standard
with no diminution of safety to miners.
The petitioner proposes the following
alternative method:
(a) Using the self-contained refuge
chamber’s internal air supply that
provides a minimum of a 48-hour
internal air supply for up to 8 miners.
(b) Securing medical grade oxygen
cylinders and compressed air cylinders
within the refuge chamber so they are
not subject to damage or power failure.
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,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2022–24179 Filed 11–4–22; 8:45 am]
BILLING CODE 4520–43–P
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[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67073-67074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24179]
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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.
-----------------------------------------------------------------------
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 December 7, 2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
054 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2022-054.
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, 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,
[[Page 67074]]
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-2022-012-M.
Petitioner: Nyrstar Tennessee Mines--Gordonsville, LLC, 120 Zinc
Mine Circle, Gordonsville, Tennessee, 38563.
Mine: Middle Tennessee Mine, MSHA ID No. 40-00864, located in Smith
County, Tennessee.
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 the refuge chamber's internal air
supply, versus the use of a compressed air line, to provide air for the
underground refuge chamber.
The petitioner states that:
(a) The application of 30 CFR 57.11052(d) requiring the use of a
compressed air line would be unsafe under the conditions present at the
mine.
(b) The mine is an underground zinc mine utilizing both random room
and pillar mining and longitudinal long-hole stoping. In both methods,
a single development drift is driven through waste rock adjacent to the
ore body. When this drift reaches planned elevations, level accesses
are developed to provide entry points to the ore body for exploration
and later ore production. Once the level development and exploration
are completed at a planned elevation, the ore is extracted either
perpendicular (random room and pillar mining) or parallel to the strike
of the ore (longitudinal stoping).
(c) The mine has been in operation since 1968, and the petitioner
has operated the Mine since 2009. During the second quarter of 2022,
the mine typically had 25 stopes associated with production, and
approximately 15 main development drifts in which exploration and
development were occurring. The precise number of stopes and drifts may
vary slightly from one month to the next.
(d) There are 22 to 33 miners working in the mine.
(e) There are five active refuge chambers located throughout the
mine. The locations are subject to change depending on the mining
direction.
(f) Each refuge chamber is a self-contained chamber with its own
sources for electrical power, breathable air, water, food, and a
lavatory. Designed to physically shield miners following an underground
emergency, each refuge chamber can provide electrical power and
breathable air to eight occupants for a minimum of 48 hours.
(g) The refuge chambers are compliant with the following parameters
of 30 CFR part 7 Subpart L:
(1) Breathable air provided via compressed oxygen or compressed
air;
(2) Oxygen supply rate at 1.32 cubic feet per hour per person;
(3) Compressed air supply rate at 12.5 cubic feet per minute per
person.
(h) In addition to medical grade oxygen cylinders and compressed
air cylinders, each refuge chamber has been supplied with a compressed
air line with an Ingersoll-Rand 80 gallon electric compressor outside
of the chamber for more than 15 years.
(i) A monitoring/diversion system will be installed to prevent any
compressed air from entering the 29 South Refuge Chamber in case the
compressed air carbon monoxide level reaches or exceeds 10 parts per
million (PPM). The other refuge chambers do not require the
installation of this diversion system. If the petition is granted, the
diversion system will not be used.
(j) Underground operations take place in a dynamic environment.
Exploration and development areas are dominated by self-propelled
mobile equipment and blasting activities.
(k) The refuge chambers must be relocated from time to time. The
connection of air lines must be considered when positioning the refuge
chambers
(l) Damage to the refuge chamber puts miners at risk as it may not
function as intended. Each time a refuge chamber is relocated, there is
a potential that it will be damaged. Similarly, if a compressed air
line needs to be run and connected at each new location, there is a
chance that the line or the connections will be damaged. Potential
damage to the refuge chamber, the external air line, and the compressor
increases each time a chamber and the components are moved,
disconnected, rerouted, reconnected, and tested. The risk of damaging
the lines and connectors is eliminated by relying on the refuge
chamber's medical grade oxygen cylinders.
(m) Oxygen discharged from damaged or leaking air lines could fuel
a potential fire, making the compressed air lines more of a potential
hazard than a source of breathable air. Removing compressed air lines
removes this hazard.
(n) The air compressors are vulnerable to power failure and damage.
However, the compressed medical oxygen cylinders and compressed air
cylinders are secured within the refuge chamber and are not subject to
damage or power failure. The medical grade oxygen cylinders will at all
times guarantee miners no less than the same measure of protection
afforded by the standard with no diminution of safety to miners.
The petitioner proposes the following alternative method:
(a) Using the self-contained refuge chamber's internal air supply
that provides a minimum of a 48-hour internal air supply for up to 8
miners.
(b) Securing medical grade oxygen cylinders and compressed air
cylinders within the refuge chamber so they are not subject to damage
or power failure.
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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-24179 Filed 11-4-22; 8:45 am]
BILLING CODE 4520-43-P
