[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67073-67074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24179]


-----------------------------------------------------------------------

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 December 7, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
054 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-054.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    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,

[[Page 67074]]

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), 
[email protected] (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-2022-012-M.
    Petitioner: Nyrstar Tennessee Mines--Gordonsville, LLC, 120 Zinc 
Mine Circle, Gordonsville, Tennessee, 38563.
    Mine: Middle Tennessee Mine, MSHA ID No. 40-00864, located in Smith 
County, Tennessee.
    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 the refuge chamber's internal air 
supply, versus the use of a compressed air line, to provide air for the 
underground refuge chamber.
    The petitioner states that:
    (a) The application of 30 CFR 57.11052(d) requiring the use of a 
compressed air line would be unsafe under the conditions present at the 
mine.
    (b) The mine is an underground zinc mine utilizing both random room 
and pillar mining and longitudinal long-hole stoping. In both methods, 
a single development drift is driven through waste rock adjacent to the 
ore body. When this drift reaches planned elevations, level accesses 
are developed to provide entry points to the ore body for exploration 
and later ore production. Once the level development and exploration 
are completed at a planned elevation, the ore is extracted either 
perpendicular (random room and pillar mining) or parallel to the strike 
of the ore (longitudinal stoping).
    (c) The mine has been in operation since 1968, and the petitioner 
has operated the Mine since 2009. During the second quarter of 2022, 
the mine typically had 25 stopes associated with production, and 
approximately 15 main development drifts in which exploration and 
development were occurring. The precise number of stopes and drifts may 
vary slightly from one month to the next.
    (d) There are 22 to 33 miners working in the mine.
    (e) There are five active refuge chambers located throughout the 
mine. The locations are subject to change depending on the mining 
direction.
    (f) Each refuge chamber is a self-contained chamber with its own 
sources for electrical power, breathable air, water, food, and a 
lavatory. Designed to physically shield miners following an underground 
emergency, each refuge chamber can provide electrical power and 
breathable air to eight occupants for a minimum of 48 hours.
    (g) The refuge chambers are compliant with the following parameters 
of 30 CFR part 7 Subpart L:
    (1) Breathable air provided via compressed oxygen or compressed 
air;
    (2) Oxygen supply rate at 1.32 cubic feet per hour per person;
    (3) Compressed air supply rate at 12.5 cubic feet per minute per 
person.
    (h) In addition to medical grade oxygen cylinders and compressed 
air cylinders, each refuge chamber has been supplied with a compressed 
air line with an Ingersoll-Rand 80 gallon electric compressor outside 
of the chamber for more than 15 years.
    (i) A monitoring/diversion system will be installed to prevent any 
compressed air from entering the 29 South Refuge Chamber in case the 
compressed air carbon monoxide level reaches or exceeds 10 parts per 
million (PPM). The other refuge chambers do not require the 
installation of this diversion system. If the petition is granted, the 
diversion system will not be used.
    (j) Underground operations take place in a dynamic environment. 
Exploration and development areas are dominated by self-propelled 
mobile equipment and blasting activities.
    (k) The refuge chambers must be relocated from time to time. The 
connection of air lines must be considered when positioning the refuge 
chambers
    (l) Damage to the refuge chamber puts miners at risk as it may not 
function as intended. Each time a refuge chamber is relocated, there is 
a potential that it will be damaged. Similarly, if a compressed air 
line needs to be run and connected at each new location, there is a 
chance that the line or the connections will be damaged. Potential 
damage to the refuge chamber, the external air line, and the compressor 
increases each time a chamber and the components are moved, 
disconnected, rerouted, reconnected, and tested. The risk of damaging 
the lines and connectors is eliminated by relying on the refuge 
chamber's medical grade oxygen cylinders.
    (m) Oxygen discharged from damaged or leaking air lines could fuel 
a potential fire, making the compressed air lines more of a potential 
hazard than a source of breathable air. Removing compressed air lines 
removes this hazard.
    (n) The air compressors are vulnerable to power failure and damage. 
However, the compressed medical oxygen cylinders and compressed air 
cylinders are secured within the refuge chamber and are not subject to 
damage or power failure. The medical grade oxygen cylinders will at all 
times guarantee miners no less than the same measure of protection 
afforded by the standard with no diminution of safety to miners.
    The petitioner proposes the following alternative method:
    (a) Using the self-contained refuge chamber's internal air supply 
that provides a minimum of a 48-hour internal air supply for up to 8 
miners.
    (b) Securing medical grade oxygen cylinders and compressed air 
cylinders within the refuge chamber so they are not subject to damage 
or power failure.
    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. 2022-24179 Filed 11-4-22; 8:45 am]
BILLING CODE 4520-43-P