Petition for Modification of Application of Existing Mandatory Safety Standards, 80958-80960 [2024-22930]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80958-80960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22930]


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

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 
Northern Star (Pogo), LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 4, 2024.

[[Page 80959]]


ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0047 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0047.
    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, 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, 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-2024-002-M.
    Petitioner: Northern Star (Pogo), LLC, 3204 International Street, 
Fairbanks, AK 99702.
    Mine: Pogo Mine, MSHA ID No. 50-01642, located in Southeast 
Fairbanks, Alaska.
    Regulation Affected: 30 CFR 57.11052, Refuge areas.
    Modification Request: The petitioner requests a modification of 30 
CFR 57.11052 to allow the use of sealed, purified drinking water in 
lieu of providing potable water through waterlines in refuge areas.
    The petitioner states that:
    (a) Pogo Mine is an underground portal gold mine that began 
producing in 2005 and has permitting to continue mining through 2030.
    (b) Pogo Mine currently has 14 refuge chambers and 10 entrapment 
chambers located throughout the underground portion of the mine. In 
these purpose-built refuge chambers, drinkable water has always been 
supplied via commercially purchased water in sealed bottles. Fire 
suppression is provided with fire extinguishers on the exterior and 
fire blankets on the interior.
    (c) Each refuge chamber cut out is provided with a waterline. 
However, due to the configuration and condition of the waterlines and 
the quality of the water source, the water flowing through these lines 
is not potable. Installing waterlines that provide potable drinking 
water to each refuge chamber is not feasible due to the lack of 
essential infrastructure. Given the non-potable nature of the water and 
the potential for waterline damage, there is no guarantee that potable 
drinking water can be provided via the waterlines, as could be 
interpreted by 30 CFR57.11052(d). Application of the standard could 
adversely impact the safety of miners using the refuge if they were to 
rely on the waterlines that run throughout the mine to the refuge 
chambers. The alternative method of storing sealed, purified water 
inside each refuge chamber provides certainty that miners will have 
sanitary drinking water available to them, regardless of the current 
condition of the water supply or the nature of any emergency that might 
occur in the future.
    (d) All refuge and entrapment chambers at Pogo Mine are portable. 
By allowing the use of refuge and entrapment chambers that are not 
connected to waterlines, the mine will have greater flexibility in the 
locating of the chambers. This will allow the chambers to continue to 
be located near where miners are working, and to be relocated more 
quickly to working areas where needed. Additionally, when damage or 
corrosion occur in the waterline connections it has forced the mine to 
pull refuge chambers from service due to water damage internally. This 
reduces the number of available assets in the event of an emergency.
    (e) All refuge and entrapment chambers meet all criteria for safe 
areas of refuge to include steel (non-combustible) construction 
throughout, large enough to accommodate readily the normal number of 
persons in that area of the mine, constructed so they are gas tight 
with positive pressure to expel potential harmful gasses, and provided 
with compressed air lines and suitable hand tools for getting chambers 
in service. Water and stopping materials are not needed for miners to 
be protected during an emergency if they were to seek refuge per the 
manufacturer's recommendations for use.
    (f) The manufacturer cautions use of water as potential fire 
suppression internally. This should be avoided to prevent damage and 
compromise of air scrubbing units. Standard firefighting practices also 
caution that use of water for firefighting in a sealed enclosed space 
would create more hazards from steam production and arcing of 
electronics used, potentially injuring miners and making the units less 
safe.
    (g) The petitioner proposes that the Proposed Decision and Order 
(PDO) granted by MSHA apply to all existing refuge chambers and to 
future refuge chambers and locations.
    (h) The alternative method in the petition will always guarantee no 
less than the same measure of protection afforded to the miners by the 
standard.
    The petitioner proposes the following alternative method:
    (a) The 14 portable refuge chambers in use at Pogo Mine are 
MineARC, Bost, and DEA refuge chambers and are made of steel. Each of 
these portable refuge chambers is equipped for a capacity of 8 to 20 
miners depending on which unit is in the area. The combined capacity of 
the refuge chambers far exceeds the normal maximum work crew of 
approximately 100 miners underground on any given day during any shift.
    (b) Drinking water shall continue to be supplied via commercially 
purchased water in sealed individual portions in each refuge chamber. 
The water is currently supplied by the case and packaged into 16.9 
fluid ounce (500 milliliter) portions with 24 to 30 individual portions 
per case.
    (c) The refuge chambers at the Pogo Mine are equipped to provide a 
minimum of 1.18 gallons (4.5 liters) per person that the chambers are 
rated to hold.
    (d) The condition and quantity of water is confirmed by inspection, 
on a regular basis.

[[Page 80960]]

    (e) Written instructions for conservation of water shall be 
provided with the refuge chamber supplies.
    (f) All miners affected shall receive training in the operation of 
the refuge chambers and shall receive refresher training annually.
    (g) The refuge chambers shall be inspected regularly, with 
quarterly inspections and servicing from manufacturer approved 
representatives. These inspections and servicing shall continue to be 
documented and provided to the Mine Manager or their designee.
    (h)

                  Table 1--Refuge Chambers at Pogo Mine
                            [Current status]
------------------------------------------------------------------------
                                                        Number capacity
        Refuge chamber               Manufacturer          in persons
------------------------------------------------------------------------
MRC 1.........................  DEA..................                 16
MCR 2.........................  DEA..................                 16
MCR 3.........................  DEA..................                  8
MCR 4.........................  DEA..................                 12
MCR 5.........................  Bost.................                 20
MCR 6.........................  Bost.................                 20
MCR 7.........................  Bost.................                 20
MCR 8.........................  MineArc..............                 16
MCR 9.........................  MineArc..............                 16
MCR 10........................  MineArc..............                  8
MCR 11........................  MineArc..............                  8
MCR 18........................  MineArc..............                  8
MCR 19........................  MineArc..............                  8
MCR 24........................  Bost.................                 20
------------------------------------------------------------------------


                Table 2--Entrapment Chambers at Pogo Mine
                            [Current status]
------------------------------------------------------------------------
                                                        Number capacity
      Entrapment chamber             Manufacturer          in persons
------------------------------------------------------------------------
MCR 12........................  MineArc..............                  6
MCR 13........................  MineArc..............                  6
MCR 14........................  MineArc..............                  6
MCR 15........................  MineArc..............                  6
MCR 16........................  MineArc..............                  6
MCR 17........................  MineArc..............                  6
MCR 20........................  MineArc..............                  4
MCR 21........................  MineArc..............                  4
MCR 22........................  MineArc..............                  4
MCR 23........................  MineArc..............                  4
------------------------------------------------------------------------

    (i) Portable refuge chambers have a capacity from 8 to 20 persons 
with 4 that have a 20-person capacity. Additionally, portable 
entrapment chambers have a capacity of 4 to 6 persons and are utilized 
per Northern Star (Pogo), LLC, standards to provide safe refuge for 
persons potentially working behind heavy equipment who may be entrapped 
in an emergency with heavy equipment in their path of travel preventing 
safe evacuation. All chambers are equipped with gas monitoring 
equipment, packaged drinking water, oxygen bottles, backup compressed 
air, toilet, radio, phone, air conditioning, back up battery power, 
fire blankets, fire extinguishers, and food rations.
    (j) The MineARC refuge chambers are equipped with and pre-packaged 
MARCISORB chemical absorber cartridges to remove the buildup of harmful 
carbon dioxide (CO2) and carbon monoxide (CO) from the air 
inside the refuge chamber. The DEA refuge chambers have been 
retrofitted with a MineARC electrical scrubbing system and pre-packaged 
MARCISORB chemical absorber cartridges as well. Bost refuge chambers 
have an electrical scrubbing system utilizing soda lime 
(Dr[auml]gersorb) to remove the buildup of CO2 and gold-
based oxidation catalyst (PremioxTM) to remove CO from the 
air inside the refuge chamber.
    (k) Northern Star (Pogo), LLC, has reviewed this petition with the 
miner's representatives on June 15, 2024, who concur with and support 
all statements made with this petition. Miners at Pogo Mine are not 
represented by any labor organization.
    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. 2024-22930 Filed 10-3-24; 8:45 am]
 BILLING CODE 4520-43-P