18820 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 

‘‘Defendants’’) are civilly liable for 

violations of regulations promulgated 

under RCRA Subchapter IX governing 

underground storage tanks. The 

complaint alleges that Defendants failed 

to comply with RCRA regulations as 

administered by the EPA for 

underground storage tanks at 13 

facilities owned and/or operated by 

Defendants in New York and New 

Jersey. 

The alleged violations include the 

failure to: Install and use spill 

prevention equipment; use overfill 

prevention equipment; provide release 

detection for USTs; provide release 

detection for pressurized piping; test 

automatic line leak detectors; report 

suspected releases; perform release 

detection for USTs that were 

temporarily closed but still contained 

more than three feet of petroleum 

products; maintain and timely provide 

records of release detection monitoring; 

timely respond to requests for 

information issued by EPA and 

maintain financial responsibility and 

evidence of financial responsibility. 

Under the Proposed Consent 

Judgment, Defendants shall ensure and 

maintain compliance with RCRA UST 

regulations at 29 facilities that they own 

and/or operate in New York and New 

Jersey. Defendants will pay a civil 

penalty of $250,000. The Proposed 

Consent Judgment will resolve all RCRA 

claims alleged in this action by the 

United States against Defendants. 

The publication of this notice opens 

a period for public comment on the 

Proposed Consent Judgment should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, Environmental 

Enforcement Section, and should refer 

to United States v. Genesis Petroleum, 

Inc., et al., D.J. Ref. No. 90–7–1–11202. 

All comments must be submitted no 

later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the Consent Judgment may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

Consent Judgment upon written request 

and payment of reproduction costs. 

Please mail your request and payment 

to: Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611. 

Please enclose a check or money order 

for $9.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2022–06791 Filed 3–30–22; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Affordable 

Care Act Internal Claims and Appeals 

and External Review Procedures for 

ERISA Plans 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Employee 

Benefits Security Administration 

(EBSA)-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 May 2, 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 

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: 

Mara Blumenthal by telephone at 202– 

693–8538, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Affordable Care Act, Congress added 

Public Health Service Act (the PHS Act) 

section 2719, which provides rules 

relating to internal claims and appeals 

and external review processes. The 

Departments of Labor (DOL), Health and 

Human Services (HHS), and the 

Treasury (collectively, the Departments) 

issued final implementing regulations 

on November 18, 2015 (80 FR 72191). 

With respect to internal claims and 

appeals processes for group health 

coverage, PHS Act section 2719 and 

paragraph (b)(2)(i) of the interim final 

regulations provide that group health 

plans and health insurance issuers 

offering group health insurance 

coverage must comply with the internal 

claims and appeals processes set forth 

in 29 CFR 2560.503–1 (the DOL claims 

procedure regulation) and update such 

processes in accordance with standards 

established by the Secretary of Labor in 

paragraph (b)(2)(ii) of the regulations. 

The No Surprises Act of 2020 extended 

the balance billing protections related to 

external reviews to grandfathered plans. 

This collection of information request 

includes the information collection and 

third-party notice and disclosure 

requirements that a plan must satisfy 

under the statutes and regulations. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

November 9, 2021 (86 FR 62206). 

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–EBSA. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18821 

Title of Collection: Affordable Care 

Act Internal Claims and Appeals and 

External Review Procedures for ERISA 

Plans. 

OMB Control Number: 1210–0144. 

Affected Public: Private Sector— 

Businesses or other for-profits and notfor-profit institutions. 

Total Estimated Number of 

Respondents: 2,007,298. 

Total Estimated Number of 

Responses: 390,574. 

Total Estimated Annual Time Burden: 

19,047 hours. 

Total Estimated Annual Other Costs 

Burden: $602,026. 

(Authority: 44 U.S.C. 3507(a)(1)(D)) 

Dated: March 25, 2022. 

Mara Blumenthal, 

Senior PRA Analyst. 

[FR Doc. 2022–06810 Filed 3–30–22; 8:45 am] 

BILLING CODE 4510–29–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 May 2, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2022– 

0016 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2022–0016. 

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–2022–007–M. 

Petitioner: Nevada Gold Mines, LLC, 

1655 Mountain City Highway, Elko, 

Nevada 89801. 

Mine: Twin Underground Mine, 

MSHA ID No. 26–02693, 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 portal 

gold mine with five 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 five refuge chambers are equipped 

for a maximum capacity of 16 miners. 

This capacity exceeds the normal work 

crew of approximately 20 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 five 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 36 hours. 

The total amount of water provided in 

each refuge chamber will be nine cases 

of water with 6.25 liters of water/case. 

(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. 


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