[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24882-24883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12278]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Emergency Review: Comment Request

May 20, 2009.
    The Department of Labor has submitted the following information 
collection request (ICR), utilizing emergency review procedures, to the 
Office of Management and Budget (OMB) for review and clearance in 
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 
U.S.C. Chapter 35) and 5 CFR 1320.13. OMB approval has been requested 
by June 19, 2009. A copy of this ICR, with applicable supporting 
documentation; including among other things a description of the likely 
respondents, proposed frequency of response, and estimated total burden 
may be obtained from the RegInfo.gov Web site 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]. Interested parties are encouraged to send comments to 
the Office of Information and Regulatory Affairs, Attn: OMB Desk 
Officer for the Department of Labor--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 toll-free numbers), e-mail: [email protected]. 
Comments and questions about the ICR listed below should be received no 
later than the requested OMB approval date. An additional opportunity 
to comment on this ICR will also be provided when DOL seeks approval 
under standard PRA clearance procedures pursuant to 5 CFR 1320.12, 
``Clearance of collections of information in current rules.''
    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 submissions of responses.
    Agency: Mine Safety and Health Administration.
    Title of Collection: Mine Rescue Teams for Underground Coal Mine 
Operators.
    OMB Control Number: 1219-0144.
    Affected Public: Underground coal mines.
    Total Estimated Number of Respondents: 653.
    Total Estimated Annual Burden Hours: 1,550.
    Total Net Estimated Annual Costs Burden (other than hourly wage 
costs): $653.
    Description: The respondents for this collection of information are 
underground coal mine operators. The records will be used by coal mine 
operators, supervisors, and employees, and State and Federal mine 
inspectors to provide assurance that each mine operator and mine rescue 
team is prepared for a mine emergency. The records show that the mine 
rescue team equipment has been examined and tested and is in good 
working order. The training records show that the mine rescue team 
members and the responsible persons at the mine are competent to 
respond to a mine emergency involving a fire, an explosion, or a gas or 
water inundation. The records greatly assist those who use them in 
making decisions that will ultimately affect the safety of all persons 
working underground.
    These information collection requirements help assure that properly 
trained mine rescue teams are readily available to save endangered 
miners in life-threatening situations. In addition, the training 
requirements in this information collection will help assure the safety 
of the mine rescue team itself.
    Why are we requesting Emergency Processing? The Mine Improvement 
and New Emergency Response Act of 2006 became effective on June 15, 
2006 (MINER Act). The goal of the MINER Act is ``to improve the safety 
of mines and mining.'' To accomplish this goal, the MINER Act includes 
provisions to improve mine emergency response time, improve mine rescue 
team effectiveness, and increase the quantity and quality of mine 
rescue team training.
    Section 4 of the MINER Act required MSHA to publish regulations on 
mine rescue teams. Because the mine rescue team provisions contained in 
Section 4 of the MINER Act apply only to underground coal mines, this 
rule will affect those mines and the mine rescue teams that cover them.
    MSHA published a final rule revising the Agency's requirements for 
mine rescue teams for underground coal mines on February 8, 2008. The 
United Mine Workers of America challenged the final rule in the U.S. 
Court of Appeals for the District of Columbia Circuit. On February 10, 
2009, the Court vacated the rule's provisions allowing mine-site and 
state-sponsored teams to train at small mines annually and State 
employees who are members of State-sponsored teams to substitute 
certain job duties for participation in one of two mine rescue contests 
required annually. The Court also vacated MSHA's conclusion in the 
preamble that State employees who are members of State-sponsored teams 
may participate in a mine rescue contest by serving as judges. See 
Int'l Union, United Mine Workers of Am. v. Dep't of Labor, 554 F.3d 150 
(D.C. Cir. 2009).
    Consistent with the Court's decision, MSHA is revising the existing 
rule to require mine-site and State-sponsored

[[Page 24883]]

teams to train at small mines semiannually and State employees who are 
members of State-sponsored teams to participate in two mine rescue 
contests annually. An emergency review is necessary in order to obtain 
approval of the changes implemented by the aforementioned final rule 
which is being promulgated for reasons stated above and is effective 
upon publication.

Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9-12278 Filed 5-22-09; 8:45 am]
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