Notice2026-00352
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
January 12, 2026
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 Kennecott Utah Copper LLC.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Pages 1205-1206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00352]
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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
Kennecott Utah Copper LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before February 11,
2026.
[[Page 1206]]
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0356 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-2025-0356.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#b7c7d2c3dec3ded8d9d4d8dadad2d9c3c4f7d3d8db99d0d8c1"><span class="__cf_email__" data-cfemail="651500110c110c0a0b060a0808000b111625010a094b020a13">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Ave. NW,
Washington, DC 20210.
Attention: Jessica D. Senk, Acting Director, Office of Standards,
Regulations, and Variances. Individuals may inspect copies of the
petition and comments during normal business hours at the address
listed above. Before visiting MSHA in person, call 202-693-9440 to make
an appointment.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#0f5f6a7b667b6660617c69607d62606b6669666c6e7b6660614f6b606321686079"><span class="__cf_email__" data-cfemail="613104150815080e0f12070e130c0e05080708020015080e0f21050e0d4f060e17">[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.
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-2025-004-M.
Petitioner: Kennecott Utah Copper, LLC, 4700 Daybreak Parkway,
South Jordan, Utah 84095.
Mine: Kennecott Keystone Underground, MSHA ID No. 42-01392, located
in Salt Lake County, Utah.
Regulation Affected: 30 CFR 57.11052, Refuge areas.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 57.11052(d), Refuge areas. Specifically, the
petitioner is applying to allow the use of commercially purchased,
sealed, drinking water in lieu of providing potable water through
waterlines in refuge areas.
The petitioner states that:
(a) The Kennecott Keystone Underground mine is an underground
portal copper mine with 14 refuge chambers located throughout the
underground portion of the mine.
(b) In the refuge areas, drinkable water is supplied via
commercially purchased water in sealed bottles.
(c) The refuge chambers are Mine ARC refuge chambers and are made
of steel. The refuge chambers are equipped for a maximum capacity of
between 4 and 20 miners each. This capacity exceeds the normal work
crew of approximately 65 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
compromised, polluted, or 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, as required
by 30 CFR 57.11052(d). 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 bottles 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) The requirement of 30 CFR 57.11052 can also pose operational
constraints as the 14 refuge chambers are mobile and periodically
relocated to accommodate mining progress. Permanent connections would
hinder operational flexibility and pose logistical challenges. 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) Maintain a minimum of 4.5 liters of potable water per person
via commercially available water in sealed individual portion sized
bottles in each refuge chamber to support the maximum occupancy for at
least 36 hours.
(b) Water shall be stored in a manner that makes the expiration
dates readily visible for inspection.
(c) Kennecott Utah Copper LLC will replace the existing water
supply with fresh water before the expiration date of the water.
(d) All refuge chambers have 36-hour battery back-up power to run
all systems.
(e) The refuge chambers with are equipped with atmospheric
monitoring and air purification systems (manual and digital).
(f) The refuge chambers are equipped with MARCISORB chemical
absorber cartridges to remove the buildup of harmful carbon dioxide
(CO2) and carbon monoxide (CO) from the air inside the refuge chamber.
(g) Conduct monthly inspections, all personnel performing
maintenance on refuges chambers are trained and certified by the
manufacturer to conduct inspection and repairs on the chambers. OEM
required service of the chambers are performed every 4 months.
(h) Provide training to all underground personnel on refuge chamber
use and emergency protocols including instructions for conservation of
water in the refuge chambers.
There are no representatives of miners at Kennecott Utah Copper,
LLC, Kennecott Keystone Underground. A copy of this Petition has been
posted on the bulletin board as of September 4, 2025.
In support of the proposed alternative method, the petitioner has
also submitted specification sheets for the MineSafe MS-CD1-04-ELVP-36
refuge area, specification sheets for the Mine Safe MS-SD2-12-SIV-36
refuge area, the GuardIAN Intelligence Network brochure, and the mine
map for Kennecott Keystone Underground.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection afforded the miners under
the mandatory standard.
Jessica D. Senk,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2026-00352 Filed 1-9-26; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on January 12, 2026.
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