81_FR_10709 81 FR 10669 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Pattern of Violations

81 FR 10669 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Pattern of Violations

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range10669-10670
FR Document2016-04480

On February 29, 2016, the Department of Labor (DOL) will submit the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Pattern of Violations,'' 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 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10669-10670]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04480]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Pattern of Violations

ACTION: Notice.

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

SUMMARY: On February 29, 2016, the Department of Labor (DOL) will 
submit the Mine Safety and Health Administration (MSHA) sponsored 
information collection request (ICR) titled, ``Pattern of Violations,'' 
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 March 31, 2016.

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=201508-1219-003 (this link will only become active 
on March 1, 2016) 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

[[Page 10670]]

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: 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 Pattern of Violations information collection. The Federal Mine 
Safety and Health Act of 1977 (Mine Act), as amended, places the 
ultimate responsibility on mine operators for ensuring the safety and 
health of miners. The legislative history of the Mine Act emphasizes 
that Congress included the pattern of violations (POV) provision for 
mine operators who demonstrated a disregard for the safety and health 
of miners through a recurring pattern of significant and substantial 
violations. The MSHA was to use the POV provision in situations where 
other enforcement actions had been ineffective at bringing the mines 
into compliance with safety and health standards. Regulations 30 CFR 
104.2(a)(8) provides that the MSHA will consider mitigating 
circumstances in determining whether to issue a POV Notice. Among the 
items the MSHA could consider is an approved corrective action program 
to reduce significant and substantial violations accompanied by 
positive results. Mine Act 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 1219-0150.
    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 February 29, 2016. 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 September 23, 2015 (80 FR 
57399).
    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 1219-0150. 
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: Pattern of Violations.
    OMB Control Number: 1219-0150.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 100.
    Total Estimated Number of Responses: 100.
    Total Estimated Annual Time Burden: 13,600 hours.
    Total Estimated Annual Other Costs Burden: $10,000.

    Dated: February 24, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-04480 Filed 2-29-16; 8:45 am]
BILLING CODE 4510-43-P



                                                                                   Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices                                                  10669

                                                    respondents, proposed frequency of                      Control Number. In addition,                            Total Estimated Number of
                                                    response, and estimated total burden                    notwithstanding any other provisions of               Responses: 8,284,730.
                                                    may be obtained free of charge from the                 law, no person shall generally be subject               Total Estimated Annual Time Burden:
                                                    RegInfo.gov Web site at http://                         to penalty for failing to comply with a               1,243,686 hours.
                                                    www.reginfo.gov/public/do/                              collection of information that does not                 Total Estimated Annual Other Costs
                                                    PRAViewICR?ref_nbr=201511-1218-002                      display a valid Control Number. See 5                 Burden: $66,942,938.
                                                    (this link will only become active on the               CFR 1320.5(a) and 1320.6. The DOL                       Dated: February 23, 2016.
                                                    day following publication of this notice)               obtains OMB approval for this                         Michel Smyth,
                                                    or by contacting Michel Smyth by                        information collection under Control                  Departmental Clearance Officer.
                                                    telephone at 202–693–4129, TTY 202–                     Number 1218–0189.                                     [FR Doc. 2016–04396 Filed 2–29–16; 8:45 am]
                                                    693–8064, (these are not toll-free                        OMB authorization for an ICR cannot
                                                                                                                                                                  BILLING CODE 4510–26–P
                                                    numbers) or by email at DOL_PRA_                        be for more than three (3) years without
                                                    PUBLIC@dol.gov.                                         renewal, and the current approval for
                                                       Submit comments about this request                   this collection is scheduled to expire on             DEPARTMENT OF LABOR
                                                    by mail or courier to the Office of                     February 29, 2016. The DOL seeks to
                                                    Information and Regulatory Affairs,                     extend PRA authorization for this                     Office of the Secretary
                                                    Attn: OMB Desk Officer for DOL–OSHA,                    information collection for three (3) more
                                                    Office of Management and Budget,                        years, without any change to existing                 Agency Information Collection
                                                    Room 10235, 725 17th Street NW.,                        requirements. The DOL notes that                      Activities; Submission for OMB
                                                    Washington, DC 20503; by Fax: 202–                      existing information collection                       Review; Comment Request; Pattern of
                                                    395–5806 (this is not a toll-free                       requirements submitted to the OMB                     Violations
                                                    number); or by email: OIRA_                             receive a month-to-month extension
                                                    submission@omb.eop.gov. Commenters                      while they undergo review. For                        ACTION:   Notice.
                                                    are encouraged, but not required, to                    additional substantive information                    SUMMARY:    On February 29, 2016, the
                                                    send a courtesy copy of any comments                    about this ICR, see the related notice                Department of Labor (DOL) will submit
                                                    by mail or courier to the U.S.                          published in the Federal Register on                  the Mine Safety and Health
                                                    Department of Labor-OASAM, Office of                    September 22, 2016 (80 FR 57231).                     Administration (MSHA) sponsored
                                                    the Chief Information Officer, Attn:                      Interested parties are encouraged to                information collection request (ICR)
                                                    Departmental Information Compliance                     send comments to the OMB, Office of                   titled, ‘‘Pattern of Violations,’’ to the
                                                    Management Program, Room N1301,                         Information and Regulatory Affairs at                 Office of Management and Budget
                                                    200 Constitution Avenue NW.,                            the address shown in the ADDRESSES                    (OMB) for review and approval for
                                                    Washington, DC 20210; or by email:                      section within thirty (30) days of                    continued use, without change, in
                                                    DOL_PRA_PUBLIC@dol.gov.                                 publication of this notice in the Federal             accordance with the Paperwork
                                                    FOR FURTHER INFORMATION CONTACT:                        Register. In order to help ensure                     Reduction Act of 1995 (PRA), 44 U.S.C.
                                                    Michel Smyth by telephone at 202–693–                   appropriate consideration, comments                   3501 et seq. Public comments on the
                                                    4129, TTY 202–693–8064, (these are not                  should mention OMB Control Number                     ICR are invited.
                                                    toll-free numbers) or by email at DOL_                  1218–0189. The OMB is particularly                    DATES: The OMB will consider all
                                                    PRA_PUBLIC@dol.gov.                                     interested in comments that:                          written comments that agency receives
                                                       Authority: 44 U.S.C. 3507(a)(1)(D).
                                                                                                              • Evaluate whether the proposed                     on or before March 31, 2016.
                                                                                                            collection of information is necessary
                                                    SUPPLEMENTARY INFORMATION:     This ICR                                                                       ADDRESSES: A copy of this ICR with
                                                                                                            for the proper performance of the
                                                    seeks to extend PRA authority for the                                                                         applicable supporting documentation;
                                                                                                            functions of the agency, including
                                                    Lead in Construction Standard                                                                                 including a description of the likely
                                                                                                            whether the information will have
                                                    information collection requirements                                                                           respondents, proposed frequency of
                                                                                                            practical utility;
                                                    codified in regulations 29 CFR 1926.62                    • Evaluate the accuracy of the                      response, and estimated total burden
                                                    that help to protect workers from the                   agency’s estimate of the burden of the                may be obtained free of charge from the
                                                    adverse effects associated with                         proposed collection of information,                   RegInfo.gov Web site at http://
                                                    occupational exposure to lead. An                       including the validity of the                         www.reginfo.gov/public/do/
                                                    employer subject to the Standard must                   methodology and assumptions used;                     PRAViewICR?ref_nbr=201508-1219-003
                                                    monitor exposure to lead, provide                         • Enhance the quality, utility, and                 (this link will only become active on
                                                    medical surveillance, train employees                   clarity of the information to be                      March 1, 2016) or by contacting Michel
                                                    about the hazards of lead, and establish                collected; and                                        Smyth by telephone at 202–693–4129,
                                                    and maintain accurate records of worker                   • Minimize the burden of the                        TTY 202–693–8064, (these are not toll-
                                                    exposure to lead. Employers, workers,                   collection of information on those who                free numbers) or by email at DOL_PRA_
                                                    physicians, and the Government use                      are to respond, including through the                 PUBLIC@dol.gov.
                                                    these records to ensure exposure to lead                use of appropriate automated,                            Submit comments about this request
                                                    does not harm workers. Occupational                     electronic, mechanical, or other                      by mail or courier to the Office of
                                                    Safety and Health Act sections 2(b)(9),                 technological collection techniques or                Information and Regulatory Affairs,
                                                    6, and 8(c) authorize this information                  other forms of information technology,                Attn: OMB Desk Officer for DOL–
                                                    collection. See 29 U.S.C. 651(b)(9), 655,               e.g., permitting electronic submission of             MSHA, Office of Management and
                                                    and 657(c).                                                                                                   Budget, Room 10235, 725 17th Street
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            responses.
                                                       This information collection is subject                 Agency: DOL–OSHA.                                   NW., Washington, DC 20503; by Fax:
                                                    to the PRA. A Federal agency generally                    Title of Collection: Lead in                        202–395–5806 (this is not a toll-free
                                                    cannot conduct or sponsor a collection                  Construction Standard.                                number); or by email: OIRA_
                                                    of information, and the public is                         OMB Control Number: 1218–0189.                      submission@omb.eop.gov. Commenters
                                                    generally not required to respond to an                   Affected Public: Private Sector—                    are encouraged, but not required, to
                                                    information collection, unless it is                    businesses or other for-profits.                      send a courtesy copy of any comments
                                                    approved by the OMB under the PRA                         Total Estimated Number of                           by mail or courier to the U.S.
                                                    and displays a currently valid OMB                      Respondents: 119,853.                                 Department of Labor-OASAM, Office of


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                                                    10670                          Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices

                                                    the Chief Information Officer, Attn:                    information collection for three (3) more             DEPARTMENT OF LABOR
                                                    Departmental Information Compliance                     years, without any change to existing
                                                    Management Program, Room N1301,                         requirements. The DOL notes that                      Office of the Secretary
                                                    200 Constitution Avenue NW.,                            existing information collection
                                                    Washington, DC 20210; or by email:                      requirements submitted to the OMB                     Agency Information Collection
                                                    DOL_PRA_PUBLIC@dol.gov.                                 receive a month-to-month extension                    Activities; Submission for OMB
                                                    FOR FURTHER INFORMATION CONTACT:                        while they undergo review. For                        Review; Comment Request;
                                                    Contact Michel Smyth by telephone at                    additional substantive information                    Reemployment Services and Eligibility
                                                    202–693–4129, TTY 202–693–8064,                         about this ICR, see the related notice                Assessment Program
                                                    (these are not toll-free numbers) or by                 published in the Federal Register on                  ACTION:   Notice.
                                                    email at DOL_PRA_PUBLIC@dol.gov.                        September 23, 2015 (80 FR 57399).
                                                       Authority: 44 U.S.C. 3507(a)(1)(D).                    Interested parties are encouraged to                SUMMARY:   On February 29, 2016, the
                                                                                                            send comments to the OMB, Office of                   Department of Labor (DOL) will submit
                                                    SUPPLEMENTARY INFORMATION:     This ICR
                                                                                                            Information and Regulatory Affairs at                 the Employment and Training
                                                    seeks to extend PRA authority for the
                                                                                                            the address shown in the ADDRESSES                    Administration (ETA) sponsored
                                                    Pattern of Violations information
                                                                                                            section within thirty (30) days of                    information collection request (ICR)
                                                    collection. The Federal Mine Safety and
                                                                                                            publication of this notice in the Federal             revision titled, ‘‘Reemployment Services
                                                    Health Act of 1977 (Mine Act), as
                                                                                                            Register. In order to help ensure                     and Eligibility Assessment Program,’’ to
                                                    amended, places the ultimate
                                                                                                            appropriate consideration, comments                   the Office of Management and Budget
                                                    responsibility on mine operators for
                                                    ensuring the safety and health of                       should mention OMB Control Number                     (OMB) for review and approval for use
                                                    miners. The legislative history of the                  1219–0150. The OMB is particularly                    in accordance with the Paperwork
                                                    Mine Act emphasizes that Congress                       interested in comments that:                          Reduction Act (PRA) of 1995 (44 U.S.C.
                                                                                                                                                                  3501 et seq.). Public comments on the
                                                    included the pattern of violations (POV)                  • Evaluate whether the proposed                     ICR are invited.
                                                    provision for mine operators who                        collection of information is necessary
                                                    demonstrated a disregard for the safety                                                                       DATES: The OMB will consider all
                                                                                                            for the proper performance of the
                                                    and health of miners through a recurring                                                                      written comments that agency receives
                                                                                                            functions of the agency, including
                                                    pattern of significant and substantial                                                                        on or before March 31, 2016.
                                                                                                            whether the information will have
                                                    violations. The MSHA was to use the                                                                           ADDRESSES: A copy of this ICR with
                                                                                                            practical utility;
                                                    POV provision in situations where other                                                                       applicable supporting documentation;
                                                                                                              • Evaluate the accuracy of the                      including a description of the likely
                                                    enforcement actions had been                            agency’s estimate of the burden of the
                                                    ineffective at bringing the mines into                                                                        respondents, proposed frequency of
                                                                                                            proposed collection of information,                   response, and estimated total burden
                                                    compliance with safety and health                       including the validity of the
                                                    standards. Regulations 30 CFR                                                                                 may be obtained free of charge from the
                                                                                                            methodology and assumptions used;                     RegInfo.gov Web site at http://
                                                    104.2(a)(8) provides that the MSHA will
                                                    consider mitigating circumstances in                      • Enhance the quality, utility, and                 www.reginfo.gov/public/do/
                                                    determining whether to issue a POV                      clarity of the information to be                      PRAViewICR?ref_nbr=201509-1205-008
                                                    Notice. Among the items the MSHA                        collected; and                                        (this link will only become active on
                                                    could consider is an approved                             • Minimize the burden of the                        March 1, 2016) or by contacting Michel
                                                    corrective action program to reduce                     collection of information on those who                Smyth by telephone at 202–693–4129,
                                                    significant and substantial violations                  are to respond, including through the                 TTY 202–693–8064, (these are not toll-
                                                    accompanied by positive results. Mine                   use of appropriate automated,                         free numbers) or sending an email to
                                                    Act sections 101(a) and 103(h) authorize                electronic, mechanical, or other                      DOL_PRA_PUBLIC@dol.gov.
                                                    this information collection. See 30                     technological collection techniques or                   Submit comments about this request
                                                    U.S.C. 811(a), 813(h).                                  other forms of information technology,                by mail or courier to the Office of
                                                      This information collection is subject                e.g., permitting electronic submission of             Information and Regulatory Affairs,
                                                    to the PRA. A Federal agency generally                  responses.                                            Attn: OMB Desk Officer for DOL–ETA,
                                                    cannot conduct or sponsor a collection                                                                        Office of Management and Budget,
                                                                                                              Agency: DOL–MSHA.
                                                    of information, and the public is                                                                             Room 10235, 725 17th Street NW.,
                                                    generally not required to respond to an                   Title of Collection: Pattern of                     Washington, DC 20503; by Fax: 202–
                                                    information collection, unless it is                    Violations.                                           395–5806 (this is not a toll-free
                                                    approved by the OMB under the PRA                         OMB Control Number: 1219–0150.                      number); or by email: OIRA_
                                                    and displays a currently valid OMB                        Affected Public: Private Sector—                    submission@omb.eop.gov. Commenters
                                                    Control Number. In addition,                            businesses or other for-profits.                      are encouraged, but not required, to
                                                    notwithstanding any other provisions of                                                                       send a courtesy copy of any comments
                                                                                                              Total Estimated Number of                           by mail or courier to the U.S.
                                                    law, no person shall generally be subject               Respondents: 100.
                                                    to penalty for failing to comply with a                                                                       Department of Labor-OASAM, Office of
                                                    collection of information that does not                   Total Estimated Number of                           the Chief Information Officer, Attn:
                                                    display a valid Control Number. See 5                   Responses: 100.                                       Departmental Information Compliance
                                                    CFR 1320.5(a) and 1320.6. The DOL                         Total Estimated Annual Time Burden:                 Management Program, Room N1301,
                                                    obtains OMB approval for this                           13,600 hours.                                         200 Constitution Avenue NW.,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    information collection under Control                      Total Estimated Annual Other Costs                  Washington, DC 20210; or by email:
                                                    Number 1219–0150.                                       Burden: $10,000.                                      DOL_PRA_PUBLIC@dol.gov.
                                                      OMB authorization for an ICR cannot                                                                         FOR FURTHER INFORMATION CONTACT:
                                                    be for more than three (3) years without                  Dated: February 24, 2016.                           Contact Michel Smyth by telephone at
                                                    renewal, and the current approval for                   Michel Smyth,                                         202–693–4129, TTY 202–693–8064,
                                                    this collection is scheduled to expire on               Departmental Clearance Officer.                       (these are not toll-free numbers) or
                                                    February 29, 2016. The DOL seeks to                     [FR Doc. 2016–04480 Filed 2–29–16; 8:45 am]           sending an email to DOL_PRA_
                                                    extend PRA authorization for this                       BILLING CODE 4510–43–P                                PUBLIC@dol.gov.


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Document Created: 2018-02-02 14:59:55
Document Modified: 2018-02-02 14:59:55
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
ActionNotice.
DatesThe OMB will consider all written comments that agency receives on or before March 31, 2016.
ContactContact 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 Citation81 FR 10669 

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