SUPPLEMENTARY INFORMATION:

I. Background

A. Legal Authority

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (MSHA) to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the Secretary of Labor (Secretary) to develop, promulgate, and revise, as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal and metal and nonmetal (MNM) mines.

The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) governs paperwork burdens imposed on the public by Federal agencies for using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, the PRA also establishes policies and procedures of information collection for controlling paperwork burdens imposed by Federal agencies on the public, including evaluating public comments.

B. Information Collection

To fulfill its statutory mandate to promote miners' health and safety, MSHA requires information under the information collection request (ICR) titled “Safety Program for Surface Mobile Equipment.” This information collection is intended to ensure that mine operators will identify risks related to the movement and operation of surface mobile equipment in written safety programs. This will allow mines to eliminate or mitigate safety hazards and thereby reduce the likelihood of accidents, injuries, and fatalities.

Burden costs associated with the ICR include:

1. Developing hazard analyses and evaluating technologies at new mines

2. Developing maintenance procedures and schedules at new mines

3. Updating safety programs at existing mines, and

4. Providing copies of written safety programs

The associated standards that authorize the collection of information are described below.

1. Developing Hazard Analyses and Evaluating Technologies at New Mines (30 CFR 56.23003(a)(1) and (a)(3), 57.23003(a)(1) and (a)(3), and 77.2103(a)(1) and (a)(3))

Under 30 CFR 56.23000, 57.23000, and 77.2100, operators shall develop, implement, and update a written safety program for surface mobile equipment to reduce the number and rates of accidents, injuries, and fatalities.

Under 30 CFR 56.23002, 57.23002, and 77.2102, each operator shall develop and implement a written safety program for surface mobile equipment. Operators shall also designate a responsible person to evaluate and update the written safety program.

Under 30 CFR 56.23003(a), 57.23003(a), and 77.2103(a), a written safety program shall include the types of actions the operator will take to:

(i) Identify and analyze hazards and reduce the resulting risks related to the movement and the operation of surface mobile equipment; and ( printed page 46949)

(ii) Identify currently available and newly emerging feasible technologies that can enhance safety at the mine and evaluate whether to adopt them.

2. Developing Maintenance Procedures and Schedules at New Mines (30 CFR 56.23003(a)(2), 57.23003(a)(2), and 77.2103(a)(2))

Under 30 CFR 56.23003(a)(2), 57.23003(a)(2), and 77.2103(a)(2), a written safety program shall include actions the operators will take to develop and maintain procedures and schedules for routine maintenance and non-routine repairs for surface mobile equipment.

3. Updating Safety Programs at Existing Mines (30 CFR 56.23003(b), 57.23003(b), and 71.2103(b))

Under 30 CFR 56.23003(b), 57.23002(b), and 77.2103(b), the responsible person shall evaluate and update the written safety program at least annually, or as mining conditions or practices change that may adversely affect the health and safety of miners or other persons, as accidents or injuries occur, or as surface mobile equipment changes or modifications are made.

4. Providing Copies of Written Safety Programs (30 CFR 56.23004, 57.23004, and 77.2104)

Under 30 CFR 56.23004(a), 57.23004(a), and 77.2104(a), the operator shall make the written safety program available for inspection by authorized representatives of the Secretary and provide a copy upon request.

Under 30 CFR 56.23004(b), 57.23004(b), and 77.2104(b), the operator shall make the written safety program available for inspection by miners and their representatives and, at no cost, provide a copy upon request.

5. Developing Training (30 CFR 56.23003(a)(2), 57.23003(a)(2), and 77.2103(a)(2))

Under 30 CFR 56.23003(a)(2), 57.23003(a)(2), and 77.2103(a)(2), a written safety program shall include actions the operators will take to train miners and other persons at the mine necessary to perform work to identify and address or avoid hazards related to surface mobile equipment.

II. Desired Focus of Comments

MSHA is soliciting comments concerning the proposed information collection titled “Safety Program for Surface Mobile Equipment.” MSHA 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 MSHA's estimate of the burden of the proposed 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 ICR is available on https://www.regulations.gov. MSHA cautions commenters against providing any information in the submission that should not be publicly disclosed. Full comments, including personal information provided, will be made available on https://www.regulations.gov and https://www.reginfo.gov.

The public may also examine publicly available documents at DOL-MSHA, Office of Standards, Regulations and Variances, 200 Constitution Avenue NW, Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440 to make an appointment.

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 ICR concerns provisions for Safety Program for Surface Mobile Equipment. MSHA has updated the data with respect to the number of respondents, responses, time burden, and burden costs supporting this ICR from the previous ICR.

Type of Review: Extension, without change, of a currently approved collection.

Agency: Mine Safety and Health Administration.

OMB Control Number: 1219-0155.

Affected Public: Business or other for-profit entity.

Number of Annual Respondents: 17,798.

Frequency: On occasion.

Number of Annual Responses: 57,583.

Annual Time Burden: 190,732 hours.

Annual Recordkeeping Costs: $26,697.

Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval of the proposed ICR; they will become a matter of public record and be available at https://www.reginfo.gov.

91 FR 46948