80_FR_42686 80 FR 42549 - Proposed Extension of Information Collection; Petitions for Modification of Mandatory Safety Standards

80 FR 42549 - Proposed Extension of Information Collection; Petitions for Modification of Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42549-42550
FR Document2015-17541

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A). This program helps to assure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Petitions for Modification of Mandatory Safety Standards.

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015) 
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42549-42550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17541]


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

DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0065]


Proposed Extension of Information Collection; Petitions for 
Modification of Mandatory Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed collections of information 
in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 
3506(c)(2)(A). This program helps to assure that requested data can be 
provided in the desired format, reporting burden (time and financial 
resources) is minimized, collection instruments are clearly understood, 
and the impact of collection requirements on respondents can be 
properly assessed. Currently, the Mine Safety and Health Administration 
(MSHA) is soliciting comments on the information collection for 
Petitions for Modification of Mandatory Safety Standards.

DATES: All comments must be received on or before September 15, 2015.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below.
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2015-0016.
     Regular Mail: Send comments to USDOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452.
     Hand Delivery: USDOL-Mine Safety and Health 
Administration, 201 12th Street South, Suite 4E401, Arlington, VA 
22202-5452. Sign in at the receptionist's desk on the 4th floor via the 
East elevator.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); 202-693-9440 (voice); or 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. Section 811(c), provides that a mine operator or 
a representative of miners may petition the Secretary of Labor 
(Secretary) to modify the application of a mandatory safety standard. A 
petition for modification may be granted if the Secretary determines 
(1) that an alternative method of achieving the results of the standard 
exists and that it will guarantee, at all times, no less than the same 
measure of protection for the miners affected as that afforded by the 
standard, or (2) that the application of

[[Page 42550]]

the standard will result in a diminution of safety to the miners 
affected.
    Under 30 CFR 44.9, mine operators must post a copy of each petition 
for modification concerning the mine on the mine's bulletin board and 
maintain the posting until a ruling on the petition becomes final. This 
applies only to mines for which there is no representative of miners.
    Under 30 CFR 44.10, detailed guidance for filing a petition for 
modification is provided for the operator of the affected mine or any 
representative of the miners at that mine. The petition must be in 
writing, filed with the Director, Office of Standards, Regulations and 
Variances, and a copy of the petition served by the filing party (the 
mine operator or representative of miners) on the other party.
    Under 30 CFR 44.11(a), the petition for modification must contain 
the petitioner's name and address; the mailing address and mine 
identification number of the mine or mines affected; the mandatory 
safety standard to which the petition is directed; a concise statement 
of the modification requested and whether the petitioner (1) proposes 
to establish an alternate method in lieu of the mandatory safety 
standard, or (2) alleges that application of the standard will result 
in diminution of safety to the miners affected, or (3) requests relief 
based on both grounds; a detailed statement of the facts that show the 
grounds upon which a modification is claimed or warranted; and, if the 
petitioner is a mine operator, the identity of any representative of 
miners at the affected mine.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Petitions for Modification of Mandatory Safety 
Standards. MSHA is particularly interested in comments that:
     Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information has practical utility;
     Evaluate the accuracy of MSHA's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
     Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The information collection request will be available on http://www.regulations.gov. MSHA cautions the commenter against providing any 
information in the submission that should not be publicly disclosed. 
Full comments, including personal information provided, will be made 
available on www.regulations.gov and www.reginfo.gov.
    The public may also examine publicly available documents at USDOL-
Mine Safety and Health Administration, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on 
the 4th floor via the East elevator.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION section of 
this notice.

III. Current Actions

    This request for collection of information contains provisions for 
Petitions for Modification of Mandatory Safety Standards. MSHA has 
updated the data with respect to the number of respondents, responses, 
burden hours, and burden costs supporting this information collection 
request.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0065.
    Affected Public: Business or other for-profit.
    Number of Respondents: 68.
    Frequency: On occasion.
    Number of Responses: 68.
    Annual Burden Hours: 2,720 hours.
    Annual Respondent or Recordkeeper Cost: $24,916.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: July 13, 2015.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2015-17541 Filed 7-16-15; 8:45 am]
 BILLING CODE 4510-43-P

Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42549 to be operated underground with only remaining area between the mine seal conducts a pre-clearance consultation rear wheel brakes. The petitioner states and the surface with the most program to provide the general public that: impervious and noncombustible and Federal agencies with an (1) The diesel grader will be limited material available. Entry No. 1 will be opportunity to comment on proposed to a maximum speed of 10 miles per equipped with a ‘‘wet’’ seal that will collections of information in accordance hour by physically blocking the higher extrude from the block seal outward to with the Paperwork Reduction Act of gear ratios that provide for speeds the edge of the Pocahontas No. 9 Seam 1995, 44 U.S.C. 3506(c)(2)(A). This exceeding 10 miles per hour. mine bench and entries Nos. 2, 3, 4 and program helps to assure that requested (2) The miners that operate the grader 5 will be constructed as ‘‘dry’’ seals. data can be provided in the desired will be trained to recognize the gear Although the possibility of impounding format, reporting burden (time and blocking device and its proper water in the mine void is unlikely financial resources) is minimized, application and requirements. because the refuse area will be up-dip collection instruments are clearly (3) The miners that operate the grader of the abandoned mine and above the understood, and the impact of collection will be trained to drop the grader blade Pocahontas No. 3 Seam, a wet seal will requirements on respondents can be in emergencies to provide additional be used as a preventive measure. properly assessed. Currently, the Mine stopping capability. (2) To minimize the possibility of Safety and Health Administration (4) Limiting the grader to low speeds, ignition and burning, in addition to (MSHA) is soliciting comments on the coupled with the availability of the placing the most impervious and information collection for Petitions for grader blade for stopping in noncombustible material within limits Modification of Mandatory Safety emergencies, will provide the of the concrete seals and the surface, the Standards. appropriate stopping ability. The rear most impervious and noncombustible DATES: All comments must be received wheel brakes will be maintained in material will be used to encapsulate the on or before September 15, 2015. proper working condition at all times. exposed coal seam along the existing highwall with a minimum of 4 feet of ADDRESSES: Comments concerning the (5) The Getman diesel grader will information collection requirements of meet all other applicable requirements cover. (3) Once the coal seam and mine this notice may be sent by any of the of the Federal Mine Safety and Health methods listed below. Act of 1977 and MSHA’s regulations. entries are sealed and encapsulated, the placement of dry, screened refuse • Federal E-Rulemaking Portal: (6) This petition is limited to the http://www.regulations.gov. Follow the Getman diesel grader serial number material from the underlying XMV Mine No. 42—Pocahontas No. 6 Seam mine on-line instructions for submitting 6732. comments for docket number MSHA– (7) Within 60 days after this petition will be used to backfill and eliminate the existing highwall. 2015–0016. becomes final, the petitioner will submit • Regular Mail: Send comments to proposed revisions for their approved The petitioner asserts that as indicated in the information and USDOL–MSHA, Office of Standards, 30 CFR part 48 training plan to the Regulations, and Variances, 201 12th District Manager. These revisions will designs provided, the encapsulation of the entire coal seam, the location of the Street South, Suite 4E401, Arlington, specify initial and refresher training VA 22202–5452. proposed refuse area up-dip of the consistent with the terms and underground mine void, and the • Hand Delivery: USDOL-Mine Safety conditions stated in the petition. and Health Administration, 201 12th absence of any groundwater discharge, Docket Number: M–2015–014–C. the proposed plan limits the potential Street South, Suite 4E401, Arlington, Petitioner: XMV, Inc., 640 Clover Dew for burning of the coal seam or VA 22202–5452. Sign in at the Dairy Road, Princeton, West Virginia impounding water within the mine void receptionist’s desk on the 4th floor via 24740. and will provide no less than the same the East elevator. Mine: Mine No. 40, MSHA I.D. No. measure of protection or greater than FOR FURTHER INFORMATION CONTACT: 46–09298, located in McDowell County, that afforded by the standard. Sheila McConnell, Acting Director, West Virginia. Office of Standards, Regulations, and Regulation Affected: 30 CFR 77.214(a) Dated: July 13, 2015. Variances, MSHA, at (Refuse piles; general). Sheila McConnell, MSHA.information.collections@dol.gov Modification Request: The petitioner Acting Director, Office of Standards, (email); 202–693–9440 (voice); or 202– requests a modification of the existing Regulations, and Variances. 693–9441 (facsimile). standard to permit, upon abandonment [FR Doc. 2015–17540 Filed 7–16–15; 8:45 am] SUPPLEMENTARY INFORMATION: of the XMV Mine No. 40, completion of BILLING CODE 4510–43–P the following as an alternative method I. Background to the standard: Section 101(c) of the Federal Mine (1) The Army Corps of Engineers has DEPARTMENT OF LABOR Safety and Health Act of 1977 (Mine documented that the existing Act), 30 U.S.C. Section 811(c), provides Mine Safety and Health Administration groundwater table is only present below that a mine operator or a representative the proposed Pocahontas No. 9 Seam [OMB Control No. 1219–0065] of miners may petition the Secretary of mine portals at the level of the Labor (Secretary) to modify the Pocahontas No. 3 Seam mine void. This Proposed Extension of Information application of a mandatory safety is due to extensive mining of the Collection; Petitions for Modification of standard. A petition for modification Pocahontas No. 3 Seam, which has Mandatory Safety Standards may be granted if the Secretary srobinson on DSK5SPTVN1PROD with NOTICES fractured the overlying strata. The AGENCY: Mine Safety and Health determines (1) that an alternative Pocahontas No. 3 Seam is ± 300 feet Administration, Labor. method of achieving the results of the below the Pocahontas No. 9 Seam. ACTION: Request for public comments. standard exists and that it will Based upon the site-specific data guarantee, at all times, no less than the provided, the petitioner proposes to seal SUMMARY: The Department of Labor, as same measure of protection for the the five up-dip mine entries with a part of its continuing effort to reduce miners affected as that afforded by the concrete block seal and fill the paperwork and respondent burden, standard, or (2) that the application of VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1

42550 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices the standard will result in a diminution other forms of information technology, NATIONAL ARCHIVES AND RECORDS of safety to the miners affected. e.g., permitting electronic submission of ADMINISTRATION Under 30 CFR 44.9, mine operators responses. must post a copy of each petition for [NARA–2015–053] The information collection request modification concerning the mine on will be available on http:// Records Schedules; Availability and the mine’s bulletin board and maintain www.regulations.gov. MSHA cautions Request for Comments the posting until a ruling on the petition becomes final. This applies only to the commenter against providing any AGENCY: National Archives and Records mines for which there is no information in the submission that Administration (NARA). representative of miners. should not be publicly disclosed. Full ACTION: Notice of availability of Under 30 CFR 44.10, detailed comments, including personal proposed records schedules; request for guidance for filing a petition for information provided, will be made comments. modification is provided for the available on www.regulations.gov and operator of the affected mine or any www.reginfo.gov. SUMMARY: The National Archives and representative of the miners at that The public may also examine publicly Records Administration (NARA) mine. The petition must be in writing, available documents at USDOL-Mine publishes notice at least once monthly filed with the Director, Office of Safety and Health Administration, 201 of certain Federal agency requests for Standards, Regulations and Variances, 12th Street South, Suite 4E401, records disposition authority (records and a copy of the petition served by the schedules). Once approved by NARA, Arlington, VA 22202–5452. Sign in at filing party (the mine operator or records schedules provide mandatory the receptionist’s desk on the 4th floor representative of miners) on the other instructions on what happens to records via the East elevator. party. when no longer needed for current Under 30 CFR 44.11(a), the petition Questions about the information Government business. They authorize for modification must contain the collection requirements may be directed agencies to preserve records of petitioner’s name and address; the to the person listed in the FOR FURTHER continuing value in the National mailing address and mine identification INFORMATION section of this notice. Archives of the United States and to number of the mine or mines affected; destroy, after a specified period, records the mandatory safety standard to which III. Current Actions lacking administrative, legal, research, the petition is directed; a concise This request for collection of or other value. NARA publishes notice statement of the modification requested information contains provisions for for records schedules in which agencies and whether the petitioner (1) proposes Petitions for Modification of Mandatory propose to destroy records not to establish an alternate method in lieu previously authorized for disposal or Safety Standards. MSHA has updated of the mandatory safety standard, or (2) reduce the retention period of records the data with respect to the number of alleges that application of the standard already authorized for disposal. NARA respondents, responses, burden hours, will result in diminution of safety to the invites public comments on such miners affected, or (3) requests relief and burden costs supporting this records schedules, as required by 44 based on both grounds; a detailed information collection request. U.S.C. 3303a(a). statement of the facts that show the Type of Review: Extension, without DATES: NARA must receive requests for grounds upon which a modification is change, of a currently approved copies in writing by August 17, 2015. claimed or warranted; and, if the collection. Once NARA completes appraisal of the petitioner is a mine operator, the Agency: Mine Safety and Health records, we will send you a copy of the identity of any representative of miners Administration. schedule you requested. We usually at the affected mine. prepare appraisal memoranda that OMB Number: 1219–0065. II. Desired Focus of Comments contain additional information Affected Public: Business or other for- concerning the records covered by a MSHA is soliciting comments profit. proposed schedule. You may also concerning the proposed information request these. If you do, we will also collection related to Petitions for Number of Respondents: 68. provide them once we have completed Modification of Mandatory Safety Frequency: On occasion. the appraisal. You have 30 days after we Standards. MSHA is particularly Number of Responses: 68. send these requested documents in interested in comments that: which to submit comments. • Evaluate whether the collection of Annual Burden Hours: 2,720 hours. information is necessary for the proper Annual Respondent or Recordkeeper ADDRESSES: You may request a copy of performance of the functions of the Cost: $24,916. any records schedule identified in this agency, including whether the notice by contacting Records Comments submitted in response to Management Services (ACNR) using one information has practical utility; this notice will be summarized and • Evaluate the accuracy of MSHA’s of the following means: included in the request for Office of Mail: NARA (ACNR); 8601 Adelphi estimate of the burden of the collection Management and Budget approval of the Road; College Park, MD 20740–6001. of information, including the validity of the methodology and assumptions used; information collection request; they will Email: request.schedule@nara.gov. • Suggest methods to enhance the also become a matter of public record. FAX: 301–837–3698. quality, utility, and clarity of the You must cite the control number, srobinson on DSK5SPTVN1PROD with NOTICES Dated: July 13, 2015. information to be collected; and which appears in parentheses after the Sheila McConnell, • Minimize the burden of the name of the agency which submitted the Certifying Officer. schedule, and a mailing address. If you collection of information on those who [FR Doc. 2015–17541 Filed 7–16–15; 8:45 am] would like an appraisal report, please are to respond, including through the use of appropriate automated, BILLING CODE 4510–43–P include that in your request. electronic, mechanical, or other FOR FURTHER INFORMATION CONTACT: technological collection techniques or Margaret Hawkins, Director, by mail at VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1


Document Created: 2018-02-23 09:20:59
Document Modified: 2018-02-23 09:20:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comments.
DatesAll comments must be received on or before September 15, 2015.
ContactSheila McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693-9441 (facsimile).
FR Citation80 FR 42549 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR