Notice2023-14210
Petition for Modification of Application of Existing Mandatory Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2023
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 88 Issue 128 (Thursday, July 6, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Notices]
[Pages 43147-43148]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14210]
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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.
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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 August 7, 2023 .
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0027 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2023-0027.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#d0a0b5a4b9a4b9bfbeb3bfbdbdb5bea4a390b4bfbcfeb7bfa6"><span class="__cf_email__" data-cfemail="2a5a4f5e435e434544494547474f445e596a4e4546044d455c">[email protected]</span></a>
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),
<a href="/cdn-cgi/l/email-protection#c595a0b1acb1acaaabb6a3aab7a8aaa1aca3aca6a4b1acaaab85a1aaa9eba2aab3"><span class="__cf_email__" data-cfemail="86d6e3f2eff2efe9e8f5e0e9f4ebe9e2efe0efe5e7f2efe9e8c6e2e9eaa8e1e9f0">[email protected]</span></a> (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.
[[Page 43148]]
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-2023-001-M.
Petitioner: Bunker Hill Mining Corp., 1 Mine Road, Kellogg, ID
83837.
Mine: Bunker Hill Mine, MSHA ID No. 10-00083, located in Shoshone
County, Idaho.
Regulation Affected: 30 CFR 57.11052(d), Refuge areas.
Modification Request: The petitioner requests a modification of 30
CFR 57.11052(d) to allow the mine to use compressed air cylinders to
supply air inside the refuge chamber in lieu of the use of a compressed
air line and to provide commercially purchased water in sealed bottles
inside the refuge chamber in lieu of a waterline.
The petitioner states that:
(a) The mine is an underground silver, zinc, and lead mine with one
refuge chamber that is purpose built with sealed cinder block walls
integrated into the mine infrastructure.
(b) Mining access is by single, lateral development drifts driven
through waste rock adjacent to the ore body with entry points on
different levels for ore body exploration and development.
(c) There are generally 15 miners working in the mine when
development activities are underway and typically 6 miners working on
the same level as the refuge chamber, one to two times a week, for
approximately 6 hours at each time.
(d) There is no natural or potable water source at the mine readily
available to supply water through a waterline. The storage of
commercially purchased bottled water will ensure that high-quality
water is available to miners in the refuge chamber, without risk of
damage to a waterline.
(e) The mine does not have usable compressed air lines throughout
the mine. Due to insufficient power supply, the mine currently uses
portable diesel compressors to supply compressed air periodically.
However, portable diesel compressors are subject to damage or failure,
so the use of portable diesel compressors to supply constant air
through compressed air lines for refuge chambers is not practical or
safe.
The petitioner proposes the following alternative method:
(a) The refuge chamber shall have drinking water supplied with
commercially purchased water in sealed bottles inside the chamber.
(1) The water provided shall be sufficient for 6 miners for a 96
hour period. Six cases, each consisting of 32, 16.9 fluid ounce bottles
of commercially bottled water shall be maintained in the refuge
chamber.
(2) The bottled water shall be visually inspected monthly.
(3) The bottled water shall be replaced every 2 years or sooner in
the event of damage, usage, or degradation.
(b) There shall be 4 compressed air cylinders, supplied by OXARC,
inc., in the refuge chamber, each providing 322 cubic feet of
compressed air.
(1) Each compressed air cylinder shall provide a minimum of 24
hours of air at a setting of 6 liters per minute or 1.32 cubic feet per
hour per person of air. The total time of sufficient air provided by
the 4 compressed air cylinders shall be at least 96 hours.
(2) The compressed air cylinders shall be inspected monthly during
escapeway inspections to ensure that the cylinders have sufficient air
and are properly maintaining pressure.
(3) Carbon dioxide (CO<INF>2</INF>) scrubbing inside the refuge
chamber shall be administered using ChemBio Enviro curtains (MSHA
approval #07-LPA130002).
(4) There shall be 6 units of curtains in the refuge chamber with
each curtain supplying each miner with 96 hours of CO<INF>2</INF>
scrubbing capability.
(c) All underground personnel shall be trained on the operation of
the air cylinders to release air and water rationing for a 96-hour
period.
The petitioner provided a ventilation and emergency escape map that
shows the refuge chamber location and primary and secondary escapeways,
among other information.
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. 2023-14210 Filed 7-5-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on July 6, 2023.
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