Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 28843 

The petitioner proposes the following 

alternative method: 

(a) Drinking water will be supplied 

via commercially purchased water in 

sealed containers. 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. 

A minimum of 52 liters of water will be 

provided. 

(c) The water will have a maximum 

shelf life of 3.5 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, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2022–10118 Filed 5–10–22; 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 June 10, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2022– 

0023 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2022–0023. 

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, 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–2022–010–M. 

Petitioner: Nevada Gold Mines, LLC, 

1655 Mountain City Highway, Elko, 

Nevada, 89801. 

Mine: Cortez District-Underground 

Mine, MSHA ID No. 26–02573, located 

in Lander 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 eight 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) Seven of the eight refuge chambers 

are MineARC refuge chambers and are 

made out of steel. One refuge chamber 

is built into the rock underground and 

is encased in shotcrete. 

(c) Seven chambers are equipped for 

a maximum capacity of 16 miners each, 

and the remaining one chamber is 

equipped for a maximum capacity of 40 

miners. The total capacity of the eight 

refuge chambers exceeds the normal 

work crew of approximately 75 miners 

underground on any shift. 

(d) 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. 

(e) The waterlines are susceptible to 

damage during an emergency and under 

normal working conditions. The water 

supply could be cut off completely. 

(f) 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. 

(g) Seven of the refuge chambers at 

the mine are portable. Allowing the use 

of refuge chambers that 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: 


jspears on DSK121TN23PROD with NOTICES1
28844 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 

(a) Drinking water will be supplied 

via commercially purchased water in 

sealed containers. 

(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 will 

vary depending on the maximum 

capacity of the refuge chamber. In a 16- 

person refuge chamber, a minimum of 

52 liters of water will be provided. In 

the 40-person refuge chamber, a 

minimum of 128 liters of water will be 

provided. 

(c) The water will have a maximum 

shelf life of 3.5 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, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2022–10117 Filed 5–10–22; 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 of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before June 10, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2022– 

0022 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2022–0022. 

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, 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–C. 

Petitioner: Century Mining, LLC, 200 

Chapel Brook Drive, Bridgeport, West 

Virginia, 26330. 

Mine: Longview Mine, MSHA ID No. 

46–09447 located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 

75.802(c), Protection of high-voltage 

circuits extending underground. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.802(c) to permit the use of visible 

disconnect switches in the resistancegrounded substation at the surface area 

of the underground mine, 

approximately 1,100 feet from a vertical 

bore hole. 

The petitioner states that: 

(a) The mine is currently under 

construction. 

(b) The mine will utilize the room and 

pillar and longwall mining methods to 

extract coal and will employ 

approximately 375 coal miners. 

The petitioner proposes the following 

alternative method: 

(a) Use the solid blade disconnect 

switches (hook switches) to disconnect 

the high voltage circuits entering the 

underground mine. The solid blade 

disconnect switches are located in the 

resistance-grounded substation on the 

surface area of the underground mine— 

approximately 1,100 feet from the 

surface bore hole. 

(b) Use a continuous, fully insulated, 

mine power feeder cable extending from 

the resistance grounded substation, 

down the bore hole, and into the 

underground mine workings. The mine 

power feeder cable is hung on insulated 

hangers and supported on extra high 

strength messenger cable on the surface 

between wooden power poles. The 

continuous nature of this cable 

eliminates additional connections at the 

surface bore hole where there will be 

increased risks of voltage tracking, 

connection failures, and exposure to 

lightning. 

(c) Leave the mine power feeder cable 

connected to lightning arrestors in the 

resistance-grounded substation, even 

when the visible disconnect switches 

(hook switches) in the station are open. 

(d) Install an underground switch 

house in the mine, within 50 feet of the 

underground bore hole where the mine 

power feeder enters the mine. The 

switch house provides the mine 

personnel a load break vacuum circuit 

breaker (VCB), visible disconnect, 

grounding switch, and lock out station 

in-mine. This arrangement eliminates 

the need for a miner to travel to the 

surface to remove power while doing inmine power work. 

(e) The switch house has a high 

voltage VCB with an integral visible 

disconnect and an output grounding 

switch. The visible disconnect is 

interlocked with the VCB to ensure the 

VCB removes the load before the visible 

disconnect is opened. A lockout means 

is provided at the switch house for the 


jspears on DSK121TN23PROD with NOTICES1