[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Notices]
[Page 36120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15269]



[[Page 36120]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Program To Prevent Smoking Underground and 
in Hazardous Surface Areas (Pertains to Underground Coal Mines)

ACTION: Notice.

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

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 and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure 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 concerning the extension of the information 
collection related to the 30 CFR 75.1702 and 75.1702-1.

DATES: All comments must be received by midnight Eastern Daylight 
Savings Time on August 23, 2010.

ADDRESSES: Comments must clearly be identified with the rule title and 
may be submitted to MSHA by any of the following methods:
    (1) Electronic mail: [email protected].
    (2) Facsimile: (202) 693-9441.
    (3) Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209-3939.
    (4) Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 
22209-3939. Sign in at the receptionist's desk on the 21st floor.

FOR FURTHER INFORMATION CONTACT: Mario Distasio, Chief of the Economic 
Analysis Division, Office of Standards, Regulations, and Variances, 
MSHA, at [email protected] (e-mail), 202-693-9445 (voicemail), 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 317(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 877(c), and 30 CFR 75.1702 prohibit persons from 
smoking or carrying smoking materials underground or in places where 
there is a fire or explosion hazard. Under the Mine Act and Sec.  
75.1702, coal mine operators are required to develop programs to 
prevent persons from carrying smoking materials, matches, or lighters 
underground and to prevent smoking in hazardous areas, such as in or 
around oil houses, explosives magazines, etc. Section 75.1702-1 
requires that the mine operator submit the program for searching miners 
for smoking materials to MSHA for approval. The purpose of the program 
is to ensure that a fire or explosion hazard does not occur. Section 
103(h) of the Mine Act, 30 U.S.C. 813, authorizes MSHA to collect 
information necessary to carry out its duty in protecting the safety 
and health of miners.

II. Desired Focus of Comments

    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 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.
    A copy of the proposed information collection request can be 
obtained by contacting the employee listed in the FOR FURTHER 
INFORMATION CONTACT section of this notice, or viewed on the Internet 
by selecting ``Rules & Reg'', and then selecting ``FedReg.Docs''. On 
the next screen, select ``Paperwork Reduction Act Supporting 
Statement'' to view documents supporting the Federal Register Notice.

III. Current Actions

    This request for collection of information contains notification 
and recordkeeping provisions for 30 CFR 75.1702 and 75.1702-1 Safety 
Standards for Underground Coal Mines-Smoking, Prohibition and Smoking 
Programs. While there is no specific requirement that records be 
maintained for more than three years, all underground coal mines must 
have an approved program for searching miners for smoking materials in 
effect during the entire time they are operating. MSHA requires this 
program as one of the preliminary plans which must be submitted for 
approval in accordance with 30 CFR 75.1721(b)(9) prior to commencing 
the extraction of coal (30 CFR 75.1721--Opening of new underground coal 
mines, or reopening and reactivating of abandoned or deactivated coal 
mines, notification by the operator; requirements). Once submitted and 
approved, revisions to the revised approved plan is only required where 
the mine ownership changes or the smoker search plan proves to be 
inadequate to prevent the carrying of smoking articles underground. 
This collection of information is otherwise consistent with the 
guidelines in 5 CFR 1320.5. MSHA does not intend to publish the results 
of this information collection and there are no forms associated with 
this information collection on which to display the OMB number and 
expiration date.
    There are no certification exceptions identified with this 
information collection and the collection of this information does not 
employ statistical methods.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0041.
    Frequency: On Occasion.
    Affected Public: Business or other for-profit.
    Cost to Federal Government: $2,425.68.
    Total Burden Respondents: 144.
    Total Number of Responses: 144.
    Total Burden Hours: 72.
    Total Hour Burden Cost (operating/maintaining): $6,098.40
    Comments submitted in response to this notice will be summarized 
and/or 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.

    Dated June 18, 2010.
Patricia W. Silvey,
Director, Office of Standards, and Regulations, and Variances.
[FR Doc. 2010-15269 Filed 6-23-10; 8:45 am]
BILLING CODE 4510-43-P