Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14297 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Acting Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 2022–05269 Filed 3–11–22; 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 13, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2022– 

0015 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2022–0015. 

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.] 

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–2022–006–M. 

Petitioner: Nevada Gold Mines, LLC, 

1655 Mountain City Highway, Elko, 

Nevada, 89801. 

Mine: Turquoise Ridge Mine, MSHA 

ID No. 26–02286, located in Humboldt 

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 shaft 

gold mine with 15 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. 

Thirteen refuge chambers are equipped 

for a maximum capacity of 12 miners, 

and two refuge chambers are equipped 

for a maximum capacity of four miners. 

This capacity exceeds the normal work 

crew of approximately 155 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 15 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 4-man refuge 

chamber, a minimum of six cases of 

water will be provided. In a 12-man 

refuge chamber, a minimum of 17 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. 


jspears on DSK121TN23PROD with NOTICES1
14298 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 

1 In authorizing a partial distribution under 

Section 801(b)(3)(C), the Judges must conclude that 

no claimant entitled to receive the requested funds 

has stated a reasonable objection to the partial 

distribution and all such claimants must (1) agree 

to the partial distribution, (2) sign an agreement 

obligating them to return any excess amounts to the 

extent necessary to comply with the final 

determination on the distribution of the fees under 

section 801(b)(3)(B); file the agreement with the 

Judges; and agree that such funds are available for 

distribution. 17 U.S.C. 801(b)(3)(C). 

2Participants self-identifying as Allocation Phase 

Parties are: Commercial Television Claimants; 

Settling Devotional Claimants; Joint Sports 

Claimants; Music Claimants comprising American 

Society of Composers, Authors and Publishers, 

Broadcast Music, Inc., and SESAC Performing 

Rights, LLC; and Program Suppliers. 

3Under section 801(b)(3)(A), the Judges may 

authorize distribution of funds deposited under 17 

U.S.C. 119, to the extent the Judges find that the 

distribution is not subject to controversy. 

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. 2022–05268 Filed 3–11–22; 8:45 am] 

BILLING CODE 4520–43–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 16–CRB–0010–SD (2014–17)] 

Distribution of 2015–17 Satellite 

Royalty Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice requesting comments. 

SUMMARY: The Copyright Royalty Judges 

announce partial settlement of 

controversies and request comments on 

a motion for partial distribution of 

satellite television retransmission 

royalties for royalty years 2015–17. 

DATES: Comments are due on or before 

April 13, 2022. 

ADDRESSES: Interested claimants must 

submit timely comments using eCRB, 

the Copyright Royalty Board’s online 

electronic filing application, at https:// 

app.crb.gov. 

Instructions: All submissions must 

include a reference to the CRB and 

docket number 16–CRB–0010–SD 

(2014–17). All submissions will be 

posted without change to eCRB at 

https://app.crb.gov including any 

personal information provided. 

Docket: For access to the docket to 

read submitted background documents 

or comments, go to eCRB, the Copyright 

Royalty Board’s online electronic filing 

and case management system, at https:// 

app.crb.gov and search for docket No. 

16–CRB–0010–SD (2014–17). 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Specialist, 

(202) 707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Each year 

satellite television providers must 

submit royalty payments to the Register 

of Copyrights as required by the 

statutory license set forth in section 119 

of the Copyright Act for the 

retransmission to satellite service 

subscribers of over-the-air television 

broadcast signals. See 17 U.S.C. 119(b). 

The Copyright Royalty Judges (Judges) 

oversee distribution of royalties to 

copyright owners whose works were 

included in a qualifying retransmission 

and who timely filed a claim for 

royalties. 

Allocation of the royalties collected 

occurs in one of two ways. In the first 

instance, the Judges may authorize 

distribution in accordance with a 

negotiated settlement among all 

claiming parties. See id. at 119(b)(5)(B), 

(C). If all claimants do not reach 

agreement with respect to the royalties, 

the Judges must conduct a proceeding to 

determine the distribution of any 

royalties that remain in controversy. Id. 

at 119(b)(5)(B). Alternatively, the Judges 

may, on motion of claimants and on 

notice to all interested parties, authorize 

a partial distribution of royalties, 

reserving on deposit sufficient funds to 

resolve identified disputes. Id.; 17 

U.S.C. 801(b)(3)(C).1

On September 15, 2021, the Judges 

received a Joint Notice of Final 

Allocation Phase Settlement and Motion 

for Further Distribution of 2015–17 

Satellite Royalties (Notice and Motion). 

The parties to the Notice and Motion are 

all participants self-identifying as 

‘‘Allocation Phase Parties’’ in the 2014– 

17 satellite royalty distribution 

proceeding.2 The Allocation Phase 

Parties seek distribution of the funds in 

question under 17 U.S.C. 801(b)(3)(A).3

The Allocation Phase Parties represent 

that there are no remaining 

controversies regarding allocation of the 

2015–17 satellite royalty funds among 

the self-identified categories of 

claimants. 

The moving parties concede, 

however, the existence of controversies 

within most of the claimant categories, 

viz., claims asserted by Multigroup 

Claimants to funds otherwise allocable 

to Program Suppliers, Joint Sports 

Claimants, and Devotional Claimants, 

and claims asserted by Global Music 

Rights LLC to funds allocable to the 

Music Claimants category. Accordingly, 

the Allocation Phase Parties request that 

the Judges reserve 5% of the 2015–17 

Satellite Funds currently being held by 

the Copyright Office to address 

unresolved Distribution Phase 

controversies and distribute the 

remaining 95% of those to the 

Allocation Phase Parties pursuant to 17 

U.S.C. 801(b)(3)(A). Notice and Motion 

at 1–2. The parties do not seek final 

distribution with respect to any of the 

allocation categories in which there are 

no allocation or distribution phase 

controversies. 

While the Judges cannot make the 

necessary finding to authorize the 

requested distribution under section 

801(b)(3)(A), they will consider whether 

the requested distribution is warranted 

under section 801(b)(3)(C). The Judges 

hereby solicit comments on the 

requested distribution to determine 

whether any claimant entitled to receive 

such royalty fees has a reasonable 

objection to the partial distribution and 

whether all claimants entitled to receive 

such fees is willing to agree to the 

stipulations for such distribution under 

section 801(b)(3)(C) (i)–(iv). The Notice 

and Motion is available for review in 

eCRB, the CRB electronic filing site, at 

https://app.crb.gov. 

Dated: March 8, 2022. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2022–05270 Filed 3–11–22; 8:45 am] 

BILLING CODE 1410–72–P 

NATIONAL ENDOWMENT FOR THE 

ARTS 

Privacy Act of 1974; System of 

Records 

AGENCY: National Endowment for the 

Arts. 

ACTION: Notice of a new System of 

Records. 

SUMMARY: The National Endowment for 

the Arts (Endowment or NEA) is 

publishing a notice of its Reasonable 

Accommodations system. The system is 

used to collect and maintain medical 

and religious documentation used to 

determine reasonable accommodations 

for NEA staff. 

DATES: This system of records will go 

into effect without further notice April 

13, 2022 unless otherwise revised 

pursuant to comments received. 

ADDRESSES: Chief Information Officer; 

National Endowment for the Arts, 400 

7th Street SW, Washington, DC 20506; 

telephone at (202) 682–5706 or by 

electronic mail at tunnessenj@arts.gov. 


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