13006 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 

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–2022–002–M. 

Petitioner: Nevada Gold Mines, LLC, 

1655 Mountain City Highway, Elko, 

Nevada 89801. 

Mine: Exodus Mine, MSHA ID No. 

26–02661, 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 11 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 11 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. 2022–04865 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 

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– 

0012 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2022–0012. 

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.] 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 13007 

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–2022–004–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 

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 

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 

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: 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.] 


lotter on DSK11XQN23PROD with NOTICES1