[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80538-80539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32038]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Safety Defects; Examination, Correction, and 
Records

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) hereby announces the submission 
of the Mine Safety and Health Administration (MSHA)sponsored 
information collection request (ICR) titled, ``Safety Defects; 
Examination, Correction, and Records,'' to the Office of Management and 
Budget (OMB) for review and approval for continued use in accordance 
with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 
chapter 35).

DATES: Submit comments on or before January 21, 2011.

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 from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain or by contacting Michel Smyth by telephone at 202-693-4129 
(this is not a toll-free number) or sending an e-mail to [email protected].
    Submit comments about this request 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: 202-395-4816/Fax: 
202-395-6881 (these are not toll-free numbers), e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Federal Mine Safety and Health Act of 1977 
(Mine Act) section 103(h), 30 U.S.C. 813(h), authorizes the MSHA to 
collect information necessary to carry out its duty in protecting the 
safety and health of miners.
    Regulations 30 CFR 56.13015 and 57.13015 require compressed-air 
receivers and other unfired pressure vessels to be inspected by 
inspectors holding a valid National Board Commission and in accordance 
with the applicable chapters of the National Board Inspection Code, a 
Manual for Boiler and Pressure Vessels Inspectors, 1979. Safety defects 
found on compressed-air receivers and other unfired pressure vessels 
have caused injuries and fatalities in the mining industry. Records of 
inspections must be kept in accordance with the requirements of the 
National Board Inspection Code and the records must be made available 
to the Secretary or an authorized representative.
    Regulations 30 CFR 56.13030 and 57.13030 require that fired 
pressure vessels (boilers) must be equipped with water level gauges, 
pressure gauges, automatic pressure-relief valves, blowdown piping and 
other safety devices approved by the American Society of Mechanical 
Engineers (ASME) to protect against hazards from

[[Page 80539]]

overpressure, flameouts, fuel interruptions and low water level. These 
sections also require that records of inspection and repairs be 
retained by the mine operator in accordance with the requirements of 
the ASME Boiler and Pressure Vessel Code, 1977, and the National Board 
Inspection Code (progressive records--no limit on retention time) and 
shall be made available to the Secretary or an authorized 
representative.
    Regulations 30 CFR 56.14100 and 57.14100 require operators to 
inspect equipment, machinery, and tools that are to be used during a 
shift for safety defects before the equipment is placed in operation. 
Defects affecting safety are required to be corrected in a timely 
manner. In instances where the defect makes continued operation of the 
equipment hazardous to persons, the equipment must be removed from 
service, tagged to identify that it is out of use, and repaired before 
use is resumed. Safety defects on self-propelled mobile equipment 
account for many injuries and fatalities in the mining industry. 
Inspection of this equipment prior to use is required to assure safe 
operation. The equipment operator is required to make a visual and 
operational check of the various primary operating systems that affect 
safety, such as brakes, lights, horn, seatbelts, tires, steering, back-
up alarm, windshield, cab safety glass, rear and side view mirrors, and 
other safety and health related items. Any defects found are required 
to be either corrected immediately or reported to and recorded by the 
mine operator prior to the timely correction. A record is not required 
if unsafe conditions are not present upon examination prior to use if 
the defect is corrected immediately. The precise format in which the 
record is kept is left to the discretion of the mine operator. Reports 
of uncorrected defects are required to be recorded by the mine operator 
and kept at the mine office from the date the defects are recorded, 
until the defects are corrected.
    A competent person designated by the operator must examine each 
working place at least once each shift for conditions that may 
adversely affect safety or health. A record of such examinations must 
be kept by the operator for a period of one year and must be made 
available for review by the Secretary or an authorized representative.
    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 currently 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 if the collection of information does not display a 
currently valid OMB control number. See 5 CFR 1320.5(a) and 1320.6. The 
DOL obtains OMB approval for this information collection under OMB 
Control Number 1219-0089. The current OMB approval is scheduled to 
expire on December 31, 2010; however, it should be noted that 
information collections submitted to the OMB receive a month-to-month 
extension while they undergo review. For additional information, see 
the related notice published in the Federal Register on September 16, 
2010, (75 FR 56558).
    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 30 days of publication of this notice in 
the Federal Register. In order to ensure the appropriate consideration, 
comments should reference OMB Control Number 1219-0089. 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: Mine Safety and Health Administration (MSHA).
    Title of Collection: Safety Defects; Examination, Correction and 
Records.
    OMB Control Number: 1219-0089.
    Affected Public: Business or other for-profit.
    Total Estimated Number of Respondents: 12,557.
    Total Estimated Number of Responses: 11,502,241.
    Total Estimated Annual Burden Hours: 1,223,104.
    Total Estimated Annual Costs Burden: $47,719,911.

    Dated: December 16, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010-32038 Filed 12-21-10; 8:45 am]
BILLING CODE 4510-43-P