[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Notices]
[Pages 51857-51858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7347]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

August 23, 2006.
    The Department of Labor (DOL) has submitted the following public 
information collection request (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
this ICR, with applicable supporting documentation, may be obtained 
from RegInfo.gov at http://www.reginfo.gov/public/do/PRAMain or by 
contacting Darrin King on 202-693-4129 (this is not a toll-free 
number)/e-mail: [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Mine Safety and Health 
Administration (MSHA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these 
are not a toll-free numbers), within 30 days from the date of this 
publication in the Federal Register.

[[Page 51858]]

    The OMB is particularly interested in comments which:
     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: Mine Safety and Health Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Petitions for Modification--Pertains to All Mines.
    OMB Number: 1219-0065.
    Frequency: On occasion.
    Type of Response: Reporting and Third party disclosure.
    Affected Public: Business or other for-profit.
    Number of Respondents: 94.
    Estimated Number of Annual Responses: Approximately 74 petitions 
are prepared by mine operators (these are included in the burden hour 
estimate) and approximately 20 are prepared by independent legal 
counsel (these are included in the cost estimate).
    Average Response Time: 40 hours.
    Estimated Annual Burden Hours: 2,960.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $40,000.
    Description: Section 101(c) of the Federal Mine Safety and Health 
Act of 1977 (Mine Act), 30 U.S.C. 811(c), provides that a mine operator 
or a representative of miners may petition the Secretary of Labor 
(Secretary) to modify the application of a mandatory safety standard. A 
petition for modification may be granted if the Secretary determines 
(1) that an alternative method of achieving the results of the standard 
exists and that it will guarantee, at all times, no less than the same 
measure of protection for the miners affected as that afforded by the 
standard, or (2) that the application of the standard will result in a 
diminution of safety to the miners affected.
    Under 30 CFR 44.9, mine operators must post a copy of each petition 
for modification concerning the mine on the mine's bulletin board and 
maintain the posting until a ruling on the petition becomes final. This 
applies only to mines for which there is no representative of miners.
    Under 30 CFR 44.10, detailed guidance for filing a petition for 
modification is provided for the operator of the affected mine or any 
representative of the miners at that mine. The petition must be in 
writing, filed with the Director, Office of Standards, Regulations and 
Variances, and a copy of the petition served by the filing party (the 
mine operator or representative of miners) on the other party.
    Under 30 CFR 44.11(a), the petition for modification must contain 
the petitioner's name and address; the mailing address and mine 
identification number of the mine or mines affected; the mandatory 
safety standard to which the petition is directed; a concise statement 
of the modification requested and whether the petitioner (1) proposes 
to establish an alternate method in lieu of the mandatory safety 
standard, or (2) alleges that application of the standard will result 
in diminution of safety to the miners affected, or (3) requests relief 
based on both grounds; a detailed statement of the facts that show the 
grounds upon which a modification is claimed or warranted; and, if the 
petitioner is a mine operator, the identity of any representative of 
miners at the affected mine.
    Promptly upon receipt of a petition, MSHA publishes a notice in the 
Federal Register advising interested parties that they may provide 
comments or other relevant information on the proposed modification. 
Thereafter, MSHA conducts an investigation to determine the merits of 
the petition for the purpose of deciding whether or not to grant it 
and, if granted, whether there is a need for any additional terms or 
conditions.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 06-7347 Filed 8-30-06; 8:45 am]
BILLING CODE 4510-43-P