96692 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Notices 

requirements of the PDO granted by 

MSHA in accordance with 30 CFR 48.6 

shall be given. The operator shall keep 

a record of such training and provide 

such record to MSHA upon request. 

(k) The miners at Kanawha Eagle 

Mining, LLC, Winchester Peerless 

Rachel Mine are not represented by a 

labor organization and there are no 

representatives of miners at the mine. A 

copy of this petition has been posted on 

the bulletin board at Kanawha Eagle 

Mining, LLC, Winchester Peerless 

Rachel Mine, on November 5, 2024. 

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. 2024–28421 Filed 12–4–24; 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 Standard 

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 South32 

Hermosa Inc. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 6, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0088 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0088. 

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, 4th Floor West, 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. 

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–2024–003–M. 

Petitioner: South32 Hermosa, Inc., 749 

Harshaw Rd., Patagonia, AZ 85624. 

Mine: Hermosa Mine, MSHA ID No. 

02–03398, located in Santa Cruz 

County, Arizona. 

Regulation Affected: 30 CFR 

57.11052(d) (Refuge areas). 

Modification Request: The petitioner 

is seeking a modification for 30 CFR 

57.11052(d), Refuge areas. Specifically, 

the petitioner is seeking the use of 

compressed air in lieu of compressed 

airlines and bottled water in lieu of 

waterlines. 

The petitioner states that: 

(a) South32 Hermosa Inc. (Mine ID 

No. 02–03398) is a green field project 

located in Santa Cruz County, Arizona. 

The mine will be an underground open 

stoping mining method, and the ore 

zones will be accessed through both a 

surface decline and a 25 feet diameter 

vertical shaft. The mine plans to operate 

24 hours per day, 7 days per week with 

plans to employ between 400 and 500 

miners across 4 rotations working on 4- 

to 10-person crews. The mine is located 

approximately 10 miles southeast of 

Patagonia, Arizona. 

(b) South32 Hermosa Inc. requests 

approval to use portable MineARC 

Refuge Chambers with occupancies of 4, 

8, 12, 16 and 20 miners. As the 

MineARC Refuge Chamber is equipped 

with a minimum of 72-hours of onboard 

breathable air supply and 2.25 quarts of 

water per person per day as required by 

30 CFR 75.1507(d)(1), South32 Hermosa 

Inc. seeks relief from having to provide 

an external compressed air and 

waterline as required by 30 CFR 

57.11052(d). 

(c) In support of the Petition, South32 

Hermosa Inc. ensures that the proposed 

alternative is as safe as 30 CFR 

57.11052(d) by the following means: 

(1) The reliability of the refuge is 

enhanced by making it self-contained as 

the source of water and air would not 

be dependent on the installation of 

external airlines or waterlines that 

would be susceptible to rock fall, fire, or 

mechanical damage in an emergency. 

(2) Waterlines in the mine would not 

be potable and therefore not drinkable. 

Supplying onboard water ensures refuge 

occupants do not succumb to 

dehydration. 

(3) The compressor feeding the 

compressed air lines shall be located on 

the surface, which is more than 2,500 

vertical feet to the refuge. Over this 

distance there is substantial pressure 

loss making it difficult to provide 12.5 

cubic feet per minute (cfm) of breathable 

air for each person as required by 30 

CFR 7.506(c). Supplying onboard 

breathable air for a minimum of 72 

hours guarantees oxygen and carbon 

dioxide levels remain within requisite 

limits respectively. 

(4) The portable refuge chambers are 

designed to be moved regularly to be as 

close as possible to the miners’ work 

locations. This ensures that miners have 

quicker access to a refuge chamber in 

the event of an emergency. 

(5) Internal/external gas monitoring 

ensures occupants can maintain 

breathable air inside of the refuge and 

monitor the conditions outside in case 

of a need to exit the refuge. 

(6) A split-system air conditioning 

system ensures that the internal 

apparent temperature remains below 

95 °F regardless of the mine 

temperature. 

(7) An airlock significantly reduces 

the risk of carbon monoxide entering the 

refuge and ensures mine rescue crews 

do not need to barricade into a 

potentially unknown atmosphere. 

(8) A carbon monoxide scrubbing 

system removes any carbon monoxide 

brought inside during the entry process 

from the occupants. 

(9) Permitting the use of compressed 

oxygen and carbon dioxide scrubbing 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Notices 96693 

and onboard water improves the 

portability of the refuge area, allowing 

the flexibility of installing refuge areas 

near the working areas in the mine. 

(10) Locating portable refuges 

throughout the mine where they can be 

reached within 2,500 ft exceeds 30 CFR 

57.11050(b). 

(d) The mine is not yet in operation 

and there are currently no MineARC 

refuge chambers onsite. If MSHA needs 

to view a refuge chamber as a part of its 

PFM investigation, one can be made 

available to view at MineARC Systems’ 

facility in Dallas, Texas. 

(e) The Petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

The petitioner proposes the following 

alternative method: 

(a) Refuge areas shall be: 

(1) Of fire-resistant construction, 

preferably in untimbered areas of the 

mine; 

(2) Large enough to accommodate 

readily the normal number of persons in 

the particular area of the mine; 

(3) Constructed so they can be made 

gastight; and 

(4) Provided with compressed air 

lines, waterlines, suitable hand tools, 

and stopping materials. 

(b) The MineARC Refuge Chambers 

shall provide the same measure of 

protection afforded to miners by the 

standard by including the following 

features: 

(1) A flame-resistant exterior steel 

structure. 

(2) An entry door with double locking 

handles and seals on all four sides. 

(3) An airlock with a supply of high 

pressure compressed air cylinders 

(Grade D) capable of providing 2 x 

volumetric flushes per entry. 

(4) One-way pressure relief valves to 

limit the internal pressure to less than 

400 pascals (Pa). 

(5) A supply of 1.32 cubic feet of 

compressed oxygen (aviator’s) per hour 

per person for the rated duration of 

refuge as required by 30 CFR 

7.506(d)(2). 

(6) A primary and backup flowmeter 

for regulating the flow of oxygen inside 

the refuge. 

(7) Pre-packaged carbon dioxide 

removal chemicals capable of removing 

carbon dioxide at the rate of 1.08 cubic 

feet per person per hour for the 

maximum rated occupancy and 

duration as required by 30 CFR 

7.508(a)(2)(ii). 

(8) Pre-packaged chemical for the 

removal of carbon monoxide for the 

rated duration. 

(9) Internal atmosphere monitoring for 

apparent temperature, oxygen, carbon 

dioxide, and carbon monoxide. 

(10) External gas monitoring for 

oxygen and carbon monoxide. 

(11) Drinking water supply of 2.25 

quarts per person per day for the rated 

duration as required by 30 CFR 

75.1507(d)(1). 

(12) Emergency food rations supply of 

2,000 calories per person per day for the 

rated duration as required by 30 CFR 

75.1507(d)(1). 

(13) A split system air conditioning 

system to maintain the internal 

temperature below an internal 95 °F 

Apparent Temperature as required by 30 

CFR 7.504(b). 

(14) A 20-pound multipurpose dry 

chemical fire extinguisher. 

(15) A first aid kit that complies with 

MSHA Standard 30 CFR 75.1713–7. 

(16) Repair materials and tools in case 

there is any damage during use. 

(17) A means of communication with 

the surface (e.g., radio, phone). 

(18) An uninterruptible power supply 

(UPS) battery backup system designed 

for the rated duration. 

(19) A 5-gallon chemical toilet for 

human waste. 

(20) Written operating instructions for 

activating the refuge in an emergency. 

(c) Each refuge shall be examined 

regularly per the manufacturer’s 

instructions. This includes the below 

intervals. 

(1) Weekly Inspection: 

(i) Confirm entry door tamper proof 

seal is in place. 

(ii) Ensure external status lights are 

correct. 

(iii) Check for damage and walkaround exterior. 

(iv) Check expiration dates of 

consumables (decal viewable from 

outside of refuge via portal window). 

(2) Bi-Annual Inspection: 

(i) Replace one way pressure relief 

valves. 

(ii) Confirm operation of all life 

support systems. 

(iii) Check pressures for all 

compressed air and oxygen cylinders. 

(iv) Confirm quantities and 

expirations of all consumables. 

(v) Load test batteries. 

(vi) Calibrate gas monitors. 

(vii) Service air conditioning system. 

(viii) Test communication system(s). 

(d) Every miner at Hermosa shall be 

trained on the use and operation of the 

refuge chamber at least bi-annually. 

This shall include the following: 

(1) Watching the manufacturer’s 

operator training video. 

(2) Instructions on when to deploy the 

refuge chamber. 

(3) Being aware that interior carbon 

dioxide levels shall maintain less than 

1 percent. 

(4) Being aware that the interior 

oxygen levels shall remain between 18.5 

percent and 23 percent. 

(5) Hazards associated with 

compressed oxygen systems. 

(6) Where to locate items such as first 

aid, repair materials, and 

communications inside the refuge. 

(e) MineARC Refuge chambers, with 

capacities ranging in size from 4 to 20 

miners and a rated duration of 72 hours, 

shall be utilized. Each refuge shall be 

conspicuously labelled with ‘REFUGE’ 

and the maximum designated number of 

miners on the front wall. 

(f) The MineARC models shall be 

selected dependent on number of mine 

workers in each area of the underground 

mine. Refuge chambers shall be 

strategically located underground 

considering the higher of the below 

criteria: 

(1) The amount of personnel 

underground at any one time 

considering additional capacity for 

visitors, geologists, engineers, and 

management, etc. 

(2) A maximum travel distance of 

2,500 ft to any refuge chamber. 

(g) Prior to locating a portable refuge 

chamber the location shall be examined 

for the following: 

(1) Located a safe distance away from 

any hazardous areas that are potentially 

explosive or a fire source such as: 

(i) Explosive magazines or storage 

containers. 

(ii) Electrical transformers. 

(iii) Fuel storage facilities. 

(iv) Blasting operations. 

(v) Vehicle parking bays. 

(2) Located in competent ground (the 

surrounding area examined for faults, 

fractures, and dykes). 

(3) Located where water cannot 

accumulate. 

(4) Located in a position that does not 

expose the refuge chamber to vehicle or 

machinery damage. 

(5) Posted with directional signs and/ 

or a green light leading to the refuge 

location. 

(6) Before being placed back into 

service, the refuge shall be examined for 

any damage. 

(h) The introduction of any new piece 

of equipment shall be evaluated in 

terms of the mine’s emergency response 

plan and safety of the miners. 

(i) Permanently built refuge chambers 

shall be on the main intake haulages. 

These permanent refuges shall include 

all of the same features as the portables 

except for using bulkhead walls to seal 

a dead-end heading in lieu of an exterior 

steel structure. 

(j) Applicable revisions or appropriate 

changes to the MSHA 30 CFR part 48 

training plan regarding the conditions in 


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96694 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Notices 

the Proposed Decision and Order 

granted by MSHA shall be submitted to 

the MSHA District Manager for revision 

and approval prior to implementation of 

the training plan by South32 Hermosa. 

(k) The Petitioner asserts that this 

Petition for Modification of Application 

of Mandatory Standard has been posted 

on the mine bulletin board at the 

Hermosa Mine as of October 17, 2024, 

and there are no representatives of 

miners at this operation. 

In support of the proposed alternative 

method, the Petitioner has also 

submitted: a schematic diagram of a 

typical MineARC refuge chamber, a 

table of MineARC refuge chamber 

models, a table of fire hazards in the 

mine, a mine map showing locations of 

initial refuges, a MineARC refuge 

chamber layout drawing example, 

MineARC refuge chamber operating 

procedures, and a MineARC refuge 

chamber brochure. 

The Petitioner asserts that the 

alternate 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, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–28422 Filed 12–4–24; 8:45 am] 

BILLING CODE 4520–43–P 

NATIONAL SCIENCE FOUNDATION 

Agency Information Collection 

Activities: Comment Request; 

Antarctic Emergency Response Plan 

and Environmental Protection 

Information 

AGENCY: National Science Foundation. 

ACTION: Notice. 

SUMMARY: The National Science 

Foundation (NSF) is announcing plans 

to renew this collection. In accordance 

with the requirements of the Paperwork 

Reduction Act of 1995, we are providing 

opportunity for public comment on this 

action. After obtaining and considering 

public comment, NSF will prepare the 

submission requesting Office of 

Management and Budget (OMB) 

clearance of this collection for no longer 

than 3 years. 

DATES: Written comments on this notice 

must be received by February 3, 2025 to 

be assured consideration. Comments 

received after that date will be 

considered to the extent practicable. 

Send comments to address below. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne H. Plimpton, Reports Clearance 

Officer, National Science Foundation, 

2415 Eisenhower Avenue, Suite 

W18200, Alexandria, Virginia 22314; 

telephone (703) 292–7556; or send email 

to splimpto@nsf.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339, which is accessible 24 

hours a day, 7 days a week, 365 days a 

year (including Federal holidays). 

SUPPLEMENTARY INFORMATION: 

Title of Collection: Antarctic 

emergency response plan and 

environmental protection information. 

OMB Approval Number: 3145–0180. 

Current Expiration Date of Approval: 

April 30, 2025. 

Abstract: NSF, pursuant to the 

Antarctic Conservation Act of 1978 (16 

U.S.C. 2401 et seq.) (‘‘ACA’’) regulates 

certain non-governmental activities in 

Antarctica. The ACA was amended in 

1996 by the Antarctic Science, Tourism, 

and Conservation Act. On August 13, 

2001, NSF published a final rule in the 

Federal Register (66 FR 42451) 

implementing certain of these statutory 

amendments. The rule requires nongovernmental Antarctic expeditions 

using non-U.S. flagged vessels to ensure 

that the vessel owner has an emergency 

response plan. The rule also requires 

persons organizing a non-governmental 

expedition to provide expedition 

members with information on their 

environmental protection obligations 

under the Antarctic Conservation Act. 

Expected Respondents. Respondents 

may include non-profit organizations 

and small and large businesses. The 

majority of respondents are anticipated 

to be U.S. tour operators, currently 

estimated to number twenty-one. 

Burden on the Public. The Foundation 

estimates that a one-time paperwork and 

recordkeeping burden of 40 hours or 

less, at a cost of $500 to $1400 per 

respondent, will result from the 

emergency response plan requirement 

contained in the rule. Presently, all 

respondents have been providing 

expedition members with a copy of the 

Guidance for Visitors to the Antarctic 

(prepared and adopted at the Eighteenth 

Antarctic Treaty Consultative Meeting 

as Recommendation XVIII–1). Because 

this Antarctic Treaty System document 

satisfies the environmental protection 

information requirements of the rule, no 

additional burden shall result from the 

environmental information 

requirements in the proposed rule. 

Dated: December 2, 2024. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2024–28443 Filed 12–4–24; 8:45 am] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Agency Information Collection 

Activities: Comment Request; Survey 

of Doctorate Recipients 

AGENCY: National Center for Science and 

Engineering Statistics, National Science 

Foundation. 

ACTION: Notice. 

SUMMARY: The National Center for 

Science and Engineering Statistics 

(NCSES) within the National Science 

Foundation (NSF) is announcing plans 

to request renewal of the Survey of 

Doctorate Recipients (SDR)(OMB 

Control Number 3145–0020). In 

accordance with the requirements of the 

Paperwork Reduction Act of 1995, 

NCSES is providing opportunity for 

public comment on this action. After 

obtaining and considering public 

comment, NCSES will prepare the 

submission requesting that OMB 

approve clearance of this collection for 

three years. 

DATES: Written comments on this notice 

must be received by February 3, 2025 to 

be assured of consideration. Comments 

received after that date will be 

considered to the extent practicable. 

Send comments to the address below. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne H. Plimpton, Reports Clearance 

Officer, National Science Foundation, 

2415 Eisenhower Avenue, Suite E6300, 

Alexandria, Virginia 22314; telephone 

(703) 292–7556; or send email to 

splimpto@nsf.gov. Individuals who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339 between 8:00 a.m. and 

8:00 p.m., Eastern Time, Monday 

through Friday. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: 2025 Survey of 

Doctorate Recipients. 

OMB Control Number: 3145–0020. 

Expiration Date of Current Approval: 

July 31, 2026. 

Type of Request: Intent to seek 

approval to extend an information 

collection for three years. 

Abstract: Established within the NSF 

by the America COMPETES 

Reauthorization Act of 2010 section 505, 

codified in the National Science 

Foundation Act of 1950, as amended, 

the National Center for Science and 

Engineering Statistics (NCSES) serves as 

a central federal clearinghouse for the 

collection, interpretation, analysis, and 

dissemination of objective data on 

science, engineering, technology, and 

research and development for use by 

practitioners, researchers, policymakers, 

and the public. 


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