Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 13005 

excludes Federal employees operating 

within their professional capacity, it 

was only necessary in the currently 

approved collection to account for the 

time it takes the medical professional 

completing Part II of the form in 

assessing the burden when seeking the 

emergency PRA clearance. However, 

since student volunteers are not Federal 

employees, the time it takes student 

volunteers to complete the entire form 

must be accounted for in the burden 

assessment and requires approval by 

OMB. As a result, the Department of 

Labor is requesting approval for an 

additional 10 respondents, with an 

equal number of responses, and an 

additional 2.5 hours of time burden, for 

respective totals of 160 respondents 

with an equal number of responses and 

44.5 annual burden hours for this form. 

The Department of Labor is also 

proposing to add a new instrument to 

this ICR. DOL is proposing to add the 

form Request for a Religious Exception 

or Delay to the COVID–19 Vaccination 

Requirement. This religious exemption 

form is necessary for DOL to determine 

legal exemptions to the vaccine 

requirement from student volunteers 

under Title VII of the Civil Rights Act 

of 1964. As with the medical exemption 

noted above, the collection of this form 

from Federal employees does not 

require OMB approval. As student 

volunteers are not considered to be 

Federal employees, the Department 

must also account for the burden to 

complete the form to obtain approval 

from OMB in order to collect this 

information from student volunteers. Of 

the estimated 100 student volunteers the 

Department is anticipating this summer, 

DOL is estimating that 10% may request 

a religious accommodation, for a total of 

10 respondents. The Department 

estimates that it will take respondents 

15 minutes to fill out the form. 

Therefore, the Department of Labor is 

requesting approval for 10 respondents, 

with an equal number of responses, and 

2.5 hours of time burden, for this form. 

Accordingly, the total estimated burden 

for this ICR is 270 respondents, with an 

equal number of responses, and 47 

burden hours. 

A Notice Regarding Injunctions 

The vaccination requirement issued 

pursuant to E.O. 14043, is currently the 

subject of a nationwide preliminary 

injunction. While that injunction 

remains in place, DOL will not process 

requests for a medical or religious 

exceptions from the COVID–19 

vaccination requirement pursuant to 

E.O. 14043. DOL will also not request 

the submission of any medical or 

religious information related to a 

request for an exception from the 

vaccination requirement pursuant to 

E.O. 14043 while the injunction remains 

in place. But DOL may nevertheless 

receive information regarding a medical 

exception. That is because, if DOL were 

to receive a request for an exception 

from the COVID–19 vaccination 

requirement pursuant to E.O. 14043 

during the pendency of the injunction, 

DOL will accept the request, hold it in 

abeyance, and notify the volunteer who 

submitted the request that 

implementation and enforcement of the 

COVID–19 vaccination requirement 

pursuant to E.O. 14043 is currently 

enjoined and that an exception therefore 

is not necessary so long as the 

injunction is in place. In other words, 

during the pendency of the injunction, 

any information collection related to 

requests for medical or religious 

exceptions from the COVID–19 

vaccination requirement pursuant to 

E.O. 14043 will not be undertaken to 

implement or enforce the COVID–19 

vaccination requirement. 

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 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–OASAM. 

Type of Review: Revision. 

Title of Collection: Request for a 

Medical or Religious Exception or Delay 

to the COVID–19 Vaccination 

Requirement. 

OMB Control Number: 1225–0092. 

Forms: Request for a Medical 

Exception or Delay to the COVID–19 

Vaccination Requirement; Request for a 

Religious Exception or Delay to the 

COVID–19 Vaccination Requirement. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 270. 

Frequency: Once. 

Total Estimated Number of 

Responses: 270. 

Estimated Average Time per 

Response: Varies. 

Total Estimated Annual Time Burden: 

47 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

(Authority: 44 U.S.C. 3506(c)(2)(A)) 

Dated: March 1, 2022. 

Milton Stewart, 

Deputy Assistant Secretary for Operations. 

[FR Doc. 2022–04864 Filed 3–7–22; 8:45 am] 

BILLING CODE 4510–23–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– 

0010 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2022–0010. 

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
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