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)

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, 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.

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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