80 FR 57399 - Proposed Extension of Information Collection; Pattern of Violations

DEPARTMENT OF LABOR
Mine Safety and Health Administration

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

Page Range		57399-57400
FR Document		2015-24073

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 Pattern of Violations.

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

[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57399-57400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24073]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0150]


Proposed Extension of Information Collection; Pattern of 
Violations

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 Pattern 
of Violations.

DATES: All comments must be received on or before November 23, 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-2015-0028.
     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 in Suite 4E401 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

    On January 23, 2013, the Mine Safety and Health Administration 
(MSHA) published Pattern of Violations (POV) final rule (78 FR 5056). 
Under the Mine Act, MSHA is required to issue a pattern of violations 
notice to any mine operator that demonstrates a disregard for the 
health and safety of miners through a pattern of significant and 
substantial violations. A significant and substantial violation is one 
that contributes to a safety or health hazard that is reasonably likely 
to result in a reasonably serious injury or illness. The pattern of 
violations provision helps to ensure that mine operators manage health 
and safety conditions at mines and find and fix the root causes of 
significant and substantial violations before they become a hazard to 
miners. The final rule simplified the pattern of violations criteria, 
to improve consistency in applying the criteria, and increase the 
efficiency and effectiveness in issuance of a pattern of violations 
notice, which will result in a closure order for areas of a mine where 
a significant and substantial violation occurs. This collection 
encourages chronic violators to comply with the Mine Act and MSHA's 
safety and health standards. Paragraph 30 CFR 104.2(a)(8) provides that 
MSHA will consider mitigating circumstances in determining whether to 
issue a pattern of violations notice. Among the items MSHA could 
consider is an approved corrective action program to reduce significant 
and substantial violations accompanied by positive results.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Pattern of Violations. 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

[[Page 57400]]

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 http://www.regulations.gov and http://www.reginfo.gov.
    The public may also examine publicly available documents at USDOL-
Mine Safety and Health Administration, 201 12th South, Suite 4E401, 
Arlington, VA 22202-5452. Sign in at the receptionist's desk in Suite 
4E401 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 CONTACT 
section of this notice.

III. Current Actions

    This request for collection of information contains provisions for 
Pattern of Violations. 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: 1219-0150.
    Affected Public: Business or other for-profit.
    Number of Respondents: 100.
    Frequency: On occasion.
    Number of Responses: 100.
    Annual Burden Hours: 13,600 hours.
    Annual Respondent or Recordkeeper Cost: $10,000.
    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.

Sheila McConnell,
Certifying Officer.
[FR Doc. 2015-24073 Filed 9-22-15; 8:45 am]
 BILLING CODE 4510-43-P

Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices 57399

other forms of information technology, DEPARTMENT OF LABOR published Pattern of Violations (POV)
e.g., permitting electronic submission of final rule (78 FR 5056). Under the Mine
responses. Mine Safety and Health Administration Act, MSHA is required to issue a pattern
The information collection request [OMB Control No. 1219–0150] of violations notice to any mine operator
will be available on http:// that demonstrates a disregard for the
www.regulations.gov. MSHA cautions Proposed Extension of Information health and safety of miners through a
the commenter against providing any Collection; Pattern of Violations pattern of significant and substantial
information in the submission that violations. A significant and substantial
AGENCY: Mine Safety and Health violation is one that contributes to a
should not be publicly disclosed. Full Administration, Labor.
comments, including personal safety or health hazard that is
ACTION: Request for public comments. reasonably likely to result in a
information provided, will be made
available on www.regulations.gov and reasonably serious injury or illness. The
SUMMARY: The Department of Labor, as pattern of violations provision helps to
www.reginfo.gov. part of its continuing effort to reduce ensure that mine operators manage
The public may also examine publicly paperwork and respondent burden, health and safety conditions at mines
available documents at USDOL-Mine conducts a pre-clearance consultation and find and fix the root causes of
Safety and Health Administration, 201 program to provide the general public significant and substantial violations
12th South, Suite 4E401, Arlington, VA and Federal agencies with an before they become a hazard to miners.
22202–5452. Sign in at the receptionist’s opportunity to comment on proposed The final rule simplified the pattern of
desk on the 4th floor via the East collections of information in accordance violations criteria, to improve
elevator. with the Paperwork Reduction Act of consistency in applying the criteria, and
Questions about the information 1995, 44 U.S.C. 3506(c)(2)(A). This increase the efficiency and effectiveness
collection requirements may be directed program helps to assure that requested in issuance of a pattern of violations
to the person listed in the FOR FURTHER data can be provided in the desired notice, which will result in a closure
INFORMATION section of this notice. format, reporting burden (time and order for areas of a mine where a
financial resources) is minimized, significant and substantial violation
III. Current Actions collection instruments are clearly occurs. This collection encourages
understood, and the impact of collection chronic violators to comply with the
This request for collection of requirements on respondents can be
information contains provisions for Mine Act and MSHA’s safety and health
properly assessed. Currently, the Mine standards. Paragraph 30 CFR 104.2(a)(8)
Mine Rescue Teams; Arrangements for Safety and Health Administration
Emergency Medical Assistance; and provides that MSHA will consider
(MSHA) is soliciting comments on the mitigating circumstances in determining
Arrangements for Transportation of information collection for Pattern of
Injured Persons. MSHA has updated the whether to issue a pattern of violations
Violations. notice. Among the items MSHA could
data with respect to the number of
respondents, responses, burden hours, DATES: All comments must be received consider is an approved corrective
and burden costs supporting this on or before November 23, 2015. action program to reduce significant and
information collection request. ADDRESSES: Comments concerning the substantial violations accompanied by
information collection requirements of positive results.
Type of Review: Extension, without
change, of a currently approved this notice may be sent by any of the II. Desired Focus of Comments
collection. methods listed below.
MSHA is soliciting comments
• Federal E-Rulemaking Portal:
Agency: Mine Safety and Health concerning the proposed information
http://www.regulations.gov. Follow the
Administration. collection related to Pattern of
on-line instructions for submitting
OMB Number: 1219–0078. Violations. MSHA is particularly
comments for docket number MSHA–
interested in comments that:
2015–0028.
Affected Public: Business or other for- • Evaluate whether the collection of
profit. • Regular Mail: Send comments to
information is necessary for the proper
USDOL–MSHA, Office of Standards,
Number of Respondents: 215. performance of the functions of the
Regulations, and Variances, 201 12th
Frequency: On occasion. agency, including whether the
Street South, Suite 4E401, Arlington,
information has practical utility;
Number of Responses: 20,041. VA 22202–5452. • Evaluate the accuracy of MSHA’s
• Hand Delivery: USDOL—Mine estimate of the burden of the collection
Annual Burden Hours: 10,109 hours.
Safety and Health Administration, 201 of information, including the validity of
Annual Respondent or Recordkeeper 12th Street South, Suite 4E401,
Cost: $309,067. the methodology and assumptions used;
Arlington, VA 22202–5452. Sign in at • Suggest methods to enhance the
MSHA Forms: MSHA Form 5000–3, the receptionist’s desk in Suite 4E401 quality, utility, and clarity of the
Certificate of Physical Qualification for on the 4th floor via the East elevator. information to be collected; and
Mine Rescue Work. FOR FURTHER INFORMATION CONTACT: • Minimize the burden of the
Comments submitted in response to Sheila McConnell, Acting Director, collection of information on those who
this notice will be summarized and Office of Standards, Regulations, and are to respond, including through the
included in the request for Office of Variances, MSHA, at use of appropriate automated,
mstockstill on DSK4VPTVN1PROD with NOTICES

Management and Budget approval of the MSHA.information.collections@dol.gov electronic, mechanical, or other
information collection request; they will (email); 202–693–9440 (voice); or 202– technological collection techniques or
also become a matter of public record. 693–9441 (facsimile). other forms of information technology,
SUPPLEMENTARY INFORMATION: e.g., permitting electronic submission of
Sheila McConnell, responses.
Certifying Officer. I. Background The information collection request
[FR Doc. 2015–24075 Filed 9–22–15; 8:45 am] On January 23, 2013, the Mine Safety will be available on http://
BILLING CODE 4510–43–P and Health Administration (MSHA) www.regulations.gov. MSHA cautions

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57400 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

the commenter against providing any paperwork and respondent burden, The adverse health effects from
information in the submission that conducts a pre-clearance consultation exposure to gamma radiation can vary
should not be publicly disclosed. Full program to provide the general public depending upon the type of cell affected
comments, including personal and Federal agencies with an and the extent of damage.
information provided, will be made opportunity to comment on proposed Under Section 103(c) of the Federal
available on http://www.regulations.gov collections of information in accordance Mine Safety and Health Act of 1977
and http://www.reginfo.gov. with the Paperwork Reduction Act of (Mine Act), the Mine Safety and Health
The public may also examine publicly 1995, 44 U.S.C. 3506(c)(2)(A). This Administration (MSHA) is required to
available documents at USDOL-Mine program helps to assure that requested ‘‘* * * issue regulations requiring
Safety and Health Administration, 201 data can be provided in the desired operators to maintain accurate records
12th South, Suite 4E401, Arlington, VA format, reporting burden (time and of employee exposures to potentially
22202–5452. Sign in at the receptionist’s financial resources) is minimized, toxic materials or harmful physical
desk in Suite 4E401 on the 4th floor via collection instruments are clearly agents which are required to be
the East elevator. understood, and the impact of collection monitored or measured under any
Questions about the information requirements on respondents can be applicable mandatory health or safety
collection requirements may be directed properly assessed. Currently, the Mine standard promulgated under this Act.’’
to the person listed in the FOR FURTHER Safety and Health Administration In addition, 30 CFR 57.5047(a) requires
INFORMATION CONTACT section of this (MSHA) is soliciting comments on the that gamma radiation surveys be
notice. information collection for Gamma conducted annually in all underground
Radiation Surveys. mines where radioactive ores are mined.
III. Current Actions
DATES: All comments must be received 30 CFR 57.5047(c) requires that gamma
This request for collection of on or before November 23, 2015. radiation dosimeters be provided for all
information contains provisions for persons exposed to average gamma
ADDRESSES: Comments concerning the
Pattern of Violations. MSHA has radiation measurements in excess of 2.0
information collection requirements of
updated the data with respect to the milliroentgens per hour in the working
this notice may be sent by any of the
number of respondents, responses, place. This paragraph also requires the
methods listed below.
burden hours, and burden costs • Federal E-RulemakingPortal: http:// operator keep records of cumulative
supporting this information collection www.regulations.gov. Follow the on-line individual gamma radiation exposures.
request. instructions for submitting comments
Type of Review: Extension, without II. Desired Focus of Comments
for docket number MSHA–2015–0033.
change, of a currently approved • Regular Mail: Send comments to MSHA is soliciting comments
collection. USDOL–MSHA, Office of Standards, concerning the proposed information
Agency: Mine Safety and Health Regulations, and Variances, 201 12th collection related to Gamma Radiation
Administration. Street South, Suite 4E401, Arlington, VA Surveys. MSHA is particularly
OMB Number: 1219–0150. interested in comments that:
22202–5452.
Affected Public: Business or other for-
• Hand Delivery: USDOL-Mine Safety • Evaluate whether the collection of
profit. information is necessary for the proper
and Health Administration, 201 12th
Number of Respondents: 100. performance of the functions of the
Frequency: On occasion. Street South, Suite 4E401, Arlington, VA
22202–5452. Sign in at the receptionist’s agency, including whether the
Number of Responses: 100. information has practical utility;
Annual Burden Hours: 13,600 hours. desk on the 4th floor via the East
elevator. • Evaluate the accuracy of MSHA’s
Annual Respondent or Recordkeeper estimate of the burden of the collection
Cost: $10,000. FOR FURTHER INFORMATION CONTACT: of information, including the validity of
Comments submitted in response to Sheila McConnell, Acting Director, the methodology and assumptions used;
this notice will be summarized and Office of Standards, Regulations, and • Suggest methods to enhance the
included in the request for Office of Variances, MSHA, at quality, utility, and clarity of the
Management and Budget approval of the MSHA.information.collections@dol.gov information to be collected; and
information collection request; they will (email); 202–693–9440 (voice); or 202– • Minimize the burden of the
also become a matter of public record. 693–9441 (facsimile). collection of information on those who
Sheila McConnell, SUPPLEMENTARY INFORMATION: are to respond, including through the
Certifying Officer. use of appropriate automated,
I. Background
electronic, mechanical, or other
[FR Doc. 2015–24073 Filed 9–22–15; 8:45 am] Gamma radiation occurs where technological collection techniques or
BILLING CODE 4510–43–P radioactive materials are present. It has other forms of information technology,
been associated with lung cancer and e.g., permitting electronic submission of
other debilitating occupational diseases. responses.
DEPARTMENT OF LABOR Natural sources include rocks, soils, and The information collection request
Mine Safety and Health Administration ground water. Gamma radiation hazards will be available on http://
may be found near radiation sources at www.regulations.gov. MSHA cautions
[OMB Control No. 1219–0039] surface operations using X-ray the commenter against providing any
machines, weightometers, nuclear and information in the submission that
Proposed Extension of Information
mstockstill on DSK4VPTVN1PROD with NOTICES

diffraction units. Nuclear gauges should not be publicly disclosed. Full
Collection; Gamma Radiation Surveys mounted outside tanks, pipes, bins, comments, including personal
AGENCY: Mine Safety and Health hoppers or other types of vessels; information provided, will be made
Administration, Labor. gamma rays are used to sense the level available on www.regulations.gov and
ACTION: Request for public comments. and density of liquids, slurries or solids. www.reginfo.gov.
Gamma rays penetrate the body and can The public may also examine publicly
SUMMARY: The Department of Labor, as kill or damage cells in their path that available documents at USDOL-Mine
part of its continuing effort to reduce can affect many of the body’s organs. Safety and Health Administration, 201

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Document Created: 2015-12-15 09:44:41
Document Modified: 2015-12-15 09:44:41

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		Request for public comments.
Dates		All comments must be received on or before November 23, 2015.
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).
FR Citation		80 FR 57399

80 FR 57399 - Proposed Extension of Information Collection; Pattern of Violations

DEPARTMENT OF LABORMine Safety and Health Administration

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

DEPARTMENT OF LABOR
Mine Safety and Health Administration