80 FR 57395 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Underground Retorts

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range		57395-57396
FR Document		2015-24180

The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Underground Retorts,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)

[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57395-57396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24180]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Underground Retorts

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Mine Safety 
and Health Administration (MSHA) sponsored information collection 
request (ICR) titled, ``Underground Retorts,'' to the Office of 
Management and Budget (OMB) for review and approval for continued use, 
without change, in accordance with the Paperwork Reduction Act of 1995 
(PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before October 23, 2015.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201507-1219-002 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or by email at [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
MSHA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or by email 
at [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).


SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Underground Retorts information collection. Regulations 30 CFR 
57.22401 sets forth the safety requirements for using a retort to 
extract oil from shale in an underground metal or nonmetal I-A and I-B 
mine that operates in a combustible ore and either liberates methane or 
has the potential to liberate methane based on the history of the mine 
or the geological area in which the mine is located. This presently 
applies only to underground oil shale mines. The standard requires 
that, prior to ignition of an underground retort, the mine operator 
must submit a written ignition operation plan to the

[[Page 57396]]

appropriate MSHA District Manager. The plan must contain site-specific 
safeguards and safety procedures for any underground area of the mine 
that is affected by the retort. Federal Mine Safety and Health Act of 
1977 sections 101(a) and 103(h) authorize this information collection. 
See 30 U.S.C. 811(a); 813(h).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1219-0096.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on September 30. 2015. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on May 28, 2015 (80 FR 30494).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1219-0096. 
The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     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.
    Agency: DOL-MSHA.
    Title of Collection: Underground Retorts.
    OMB Control Number: 1219-0096.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 1.
    Total Estimated Number of Responses: 1.
    Total Estimated Annual Time Burden: 160 hours.
    Total Estimated Annual Other Costs Burden: $0.

    Dated: September 17, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-24180 Filed 9-22-15; 8:45 am]
 BILLING CODE 4520-43-P

Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices 57395

the authority must be established by an 31, 2017, thus rendering a remand to change, in accordance with the
act of the principal.’’ Id. (citing FDIC v. establish jurisdiction unnecessary. Paperwork Reduction Act of 1995
Oaklawn Apartments, 959 F.2d 170, 175 Having reviewed the Board’s Emergency (PRA), 44 U.S.C. 3501 et seq. Public
(10th Cir. 1992) (emphasis added)). Suspension Order, I adopt the ALJ’s comments on the ICR are invited.
With respect to Brown’s, even finding that the pharmacy does not have DATES: The OMB will consider all
assuming that the attorney it served authority to dispense controlled written comments that agency receives
with the Show Cause Order was in an substances in Alabama, the State in on or before October 23, 2015.
attorney-client relationship with the which it is registered with DEA, and ADDRESSES: A copy of this ICR with
pharmacy, the Government has that therefore, it no longer meets the applicable supporting documentation;
produced no evidence establishing that statutory definition of a practitioner. See
including a description of the likely
Brown’s authorized the attorney to 21 U.S.C. 802(21) (‘‘The term
respondents, proposed frequency of
accept service of the Order on its behalf. ‘practitioner’ means a . . . pharmacy
response, and estimated total burden
See David M. Lewis, 78 FR 36591, 36591 . . . licensed, registered, or otherwise
(2013) (holding service on attorney was may be obtained free of charge from the
permitted, by . . . the jurisdiction in
improper where only evidence offered RegInfo.gov Web site at http://
which [it] practices . . . to . . .
by Government was that ‘‘the attorney www.reginfo.gov/public/do/
dispense . . . a controlled substance in
requested to take possession of the PRAViewICR?ref_nbr=201507-1219-002
the course of professional practice[.]’’).
Order’’) (citing Focus Media, 387 F.3d at (this link will only become active on the
See also 21 U.S.C. 823(f). Accordingly,
1084)). Accordingly, I find that the day following publication of this notice)
I will order that Respondent Bolling
Government did not accomplish service or by contacting Michel Smyth by
Discount Pharmacy’s registration be
on Brown’s. telephone at 202–693–4129, TTY 202–
revoked and that any pending
Even if I concluded otherwise, under 693–8064, (these are not toll-free
application to renew or modify its
the Agency’s regulations, a hearing numbers) or by email at DOL_PRA_
registration be denied. See 21 U.S.C.
request must be submitted by the PUBLIC@dol.gov.
824(a)(3); see also R.D. at 4 n.10
applicant/registrant to vest jurisdiction Submit comments about this request
(collecting cases).
over the matter in the Office of by mail or courier to the Office of
Administrative Law Judges. See 21 CFR Order Information and Regulatory Affairs,
1301.42 (‘‘If requested by a person Pursuant to the authority vested in me Attn: OMB Desk Officer for DOL–
entitled to a hearing, the Administrator by 21 U.S.C. 824(a) and 28 CFR 0.100(b), MSHA, Office of Management and
shall hold a hearing for the purpose of I order that DEA Certificate of Budget, Room 10235, 725 17th Street
receiving factual evidence regarding the Registration AB9375456 issued to NW., Washington, DC 20503; by Fax:
issues involved in the denial, revocation Bolling Apothecary be, and it hereby is, 202–395–5806 (this is not a toll-free
or suspension of any registration.’’); id. revoked. I further order that any number); or by email: OIRA_
§ 1301.43(a) (‘‘Any person entitled to a application of Bolling Apothecary to submission@omb.eop.gov. Commenters
hearing . . . and desiring a hearing renew or modify its registration be, and are encouraged, but not required, to
shall, within 30 days after the date of it hereby is, denied. This Order is send a courtesy copy of any comments
receipt of the order to show cause . . . effective immediately.3 by mail or courier to the U.S.
file with the Administrator a written Department of Labor-OASAM, Office of
Dated: September 15, 2015.
request for a hearing in the form the Chief Information Officer, Attn:
Chuck Rosenberg, Departmental Information Compliance
prescribed . . . .’’); id. § 1301.43(d) (‘‘If
any person entitled to a hearing . . . Acting Administrator. Management Program, Room N1301,
fails to file a request for a hearing . . . [FR Doc. 2015–24126 Filed 9–22–15; 8:45 am] 200 Constitution Avenue NW.,
such person shall be deemed to have BILLING CODE 4410–09–P Washington, DC 20210; or by email:
waived the opportunity for a hearing DOL_PRA_PUBLIC@dol.gov.
. . . unless such person shows good FOR FURTHER INFORMATION CONTACT:
cause for such failure.’’). Because in DEPARTMENT OF LABOR Michel Smyth by telephone at 202–693–
contrast to Bolling, Brown’s never filed 4129, TTY 202–693–8064, (these are not
a hearing request, the ALJ had no Office of the Secretary toll-free numbers) or by email at DOL_
authority to offer ‘‘the Government the PRA_PUBLIC@dol.gov.
Agency Information Collection
option of providing evidence and
Activities; Submission for OMB Authority: 44 U.S.C. 3507(a)(1)(D).
arguments regarding the issue of . . .
whether Brown’s lacks state authority to Review; Comment Request; SUPPLEMENTARY INFORMATION: This ICR
handle controlled substances,’’ R.D. 2, at Underground Retorts seeks to extend PRA authority for the
n.2; and he had no authority to rule on ACTION: Notice. Underground Retorts information
the issue.2 collection. Regulations 30 CFR 57.22401
As for Bolling Discount Apothecary, SUMMARY: The Department of Labor sets forth the safety requirements for
its owner attached a copy of its (DOL) is submitting the Mine Safety and using a retort to extract oil from shale
registration with his Request for Health Administration (MSHA) in an underground metal or nonmetal I–
Hearing, which shows that his sponsored information collection A and I–B mine that operates in a
registration does not expire until July request (ICR) titled, ‘‘Underground combustible ore and either liberates
Retorts,’’ to the Office of Management methane or has the potential to liberate
mstockstill on DSK4VPTVN1PROD with NOTICES

2 According to the Show Cause Order, Brown’s
and Budget (OMB) for review and methane based on the history of the
registration was due to expire on July 31, 2015, and approval for continued use, without mine or the geological area in which the
the registration records of the Agency, of which I
take Official Notice, see 5 U.S.C. 556(e), show that mine is located. This presently applies
Brown’s allowed its registration to expire on July 3 For the same reasons that led the Board to order only to underground oil shale mines.
31, 2015 (before the ALJ forwarded the record) and the emergency suspension of Respondent’s The standard requires that, prior to
has not filed a renewal application. See Patel, 80 pharmacy license (i.e., the extensive allegations that
FR at 28,694 n.3. In any event, because the it was diverting controlled substances), I find that
ignition of an underground retort, the
Government did not serve Brown’s, the matter of its the public interest necessitates that this Order be mine operator must submit a written
registration is not before me. effective immediately. 21 CFR 1316.67. ignition operation plan to the

VerDate Sep<11>2014 18:00 Sep 22, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1

57396 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

appropriate MSHA District Manager. • Minimize the burden of the ADDRESSES: Comments concerning the
The plan must contain site-specific collection of information on those who information collection requirements of
safeguards and safety procedures for any are to respond, including through the this notice may be sent by any of the
underground area of the mine that is use of appropriate automated, methods listed below.
affected by the retort. Federal Mine electronic, mechanical, or other • Federal E-Rulemaking Portal:
Safety and Health Act of 1977 sections technological collection techniques or http://www.regulations.gov. Follow the
101(a) and 103(h) authorize this other forms of information technology, on-line instructions for submitting
information collection. See 30 U.S.C. e.g., permitting electronic submission of comments for docket number MSHA–
811(a); 813(h). responses. 2015–0018.
This information collection is subject Agency: DOL–MSHA. • Regular Mail: Send comments to
to the PRA. A Federal agency generally Title of Collection: Underground USDOL–MSHA, Office of Standards,
cannot conduct or sponsor a collection Retorts. Regulations, and Variances, 201 12th
of information, and the public is OMB Control Number: 1219–0096. Street South, Suite 4E401, Arlington,
generally not required to respond to an Affected Public: Private Sector— VA 22202–5452.
information collection, unless it is businesses or other for-profits. • Hand Delivery: USDOL-Mine Safety
approved by the OMB under the PRA Total Estimated Number of and Health Administration, 201 12th
and displays a currently valid OMB Respondents: 1. Street South, Suite 4E401, Arlington,
Control Number. In addition, Total Estimated Number of
VA 22202–5452. Sign in at the
notwithstanding any other provisions of Responses: 1.
Total Estimated Annual Time Burden: receptionist’s desk on the 4th floor via
law, no person shall generally be subject the East elevator.
to penalty for failing to comply with a 160 hours.
Total Estimated Annual Other Costs FOR FURTHER INFORMATION CONTACT:
collection of information that does not
Burden: $0. Sheila McConnell, Acting Director,
display a valid Control Number. See 5
Office of Standards, Regulations, and
CFR 1320.5(a) and 1320.6. The DOL Dated: September 17, 2015.
Variances, MSHA, at
obtains OMB approval for this Michel Smyth,
MSHA.information.collections@dol.gov
information collection under Control Departmental Clearance Officer. (email); 202–693–9440 (voice); or 202–
Number 1219–0096. [FR Doc. 2015–24180 Filed 9–22–15; 8:45 am]
OMB authorization for an ICR cannot 693–9441 (facsimile).
BILLING CODE 4520–43–P
be for more than three (3) years without SUPPLEMENTARY INFORMATION:
renewal, and the current approval for I. Background
this collection is scheduled to expire on DEPARTMENT OF LABOR
September 30. 2015. The DOL seeks to Potentially gassy (explosive)
extend PRA authorization for this Mine Safety and Health Administration conditions in underground metal and
information collection for three (3) more nonmetal mines are largely controlled
[OMB Control No. 1219–0030] by the main mine fans. When
years, without any change to existing
requirements. The DOL notes that accumulations of explosive gases, such
Proposed Extension of Information
existing information collection as methane, are not swept from the mine
Collection; Main Fan Operation and
requirements submitted to the OMB by the main fans, they may reasonably
Inspection (I–A, II–A, III, and V–A
receive a month-to-month extension be expected to contact an ignition
Mines)
while they undergo review. For source. The results of such contacts are
additional substantive information AGENCY: Mine Safety and Health usually disastrous, and multiple
about this ICR, see the related notice Administration, Labor. fatalities may be reasonably expected to
published in the Federal Register on ACTION: Request for public comments. occur. 30 CFR 57.22204, which only
May 28, 2015 (80 FR 30494). applies to metal and nonmetal
Interested parties are encouraged to SUMMARY: The Department of Labor, as underground mines that are categorized
send comments to the OMB, Office of part of its continuing effort to reduce as gassy, requires main fans to have
Information and Regulatory Affairs at paperwork and respondent burden, pressure-recording systems. This
the address shown in the ADDRESSES conducts a pre-clearance consultation standard also requires main fans to be
section within thirty (30) days of program to provide the general public inspected daily while operating if
publication of this notice in the Federal and Federal agencies with an persons are underground and
Register. In order to help ensure opportunity to comment on proposed certification made of such inspections
appropriate consideration, comments collections of information in accordance by signature and date. Certifications and
should mention OMB Control Number with the Paperwork Reduction Act of pressure recordings are to be retained
1219–0096. The OMB is particularly 1995, 44 U.S.C. 3506(c)(2)(A). This for one year and made available to
interested in comments that: program helps to assure that requested authorized representatives of the
• Evaluate whether the proposed data can be provided in the desired Secretary. This information collection
collection of information is necessary format, reporting burden (time and addresses the recordkeeping associated
for the proper performance of the financial resources) is minimized, with 30 CFR 57.22204.
functions of the agency, including collection instruments are clearly
understood, and the impact of collection II. Desired Focus of Comments
whether the information will have
practical utility; requirements on respondents can be MSHA is soliciting comments
• Evaluate the accuracy of the properly assessed. Currently, the Mine
mstockstill on DSK4VPTVN1PROD with NOTICES

concerning the proposed information
agency’s estimate of the burden of the Safety and Health Administration collection related to Main Fan
proposed collection of information, (MSHA) is soliciting comments on the Operation and Inspection (I–A, II–A, III,
including the validity of the information collection for Main Fan and V–A Mines). MSHA is particularly
methodology and assumptions used; Operation and Inspection (I–A, II–A, III, interested in comments that:
• Enhance the quality, utility, and and V–A Mines). • Evaluate whether the collection of
clarity of the information to be DATES: All comments must be received information is necessary for the proper
collected; and on or before November 23, 2015. performance of the functions of the

VerDate Sep<11>2014 18:00 Sep 22, 2015 Jkt 235001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1

Document Created: 2015-12-15 09:45:35
Document Modified: 2015-12-15 09:45:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		The OMB will consider all written comments that agency receives on or before October 23, 2015.
Contact		Michel Smyth by telephone at 202-693- 4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]
FR Citation		80 FR 57395

80 FR 57395 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Underground Retorts

DEPARTMENT OF LABOROffice of the Secretary

Federal Register Volume 80, Issue 184 (September 23, 2015)

DEPARTMENT OF LABOR
Office of the Secretary