[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Page 74515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30200]



[[Page 74515]]

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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Petitions for Mine Safety Standard 
Modification

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is submitting the Mine Safety 
and Health Administration (MSHA) sponsored information collection 
request (ICR) titled, ``Petitions for Mine Safety Standard 
Modification,'' to the Office of Management and Budget (OMB) for review 
and approval for continued use in accordance with the Paperwork 
Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

DATES: Submit comments on or before January 14, 2013.

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, on the 
day following publication of this notice or by contacting Michel Smyth 
by telephone at 202-693-4129 (this is not a toll-free number) or 
sending an email to [email protected].
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for DOL-MSHA, Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503, Fax: 202-395-6881 (this is not a toll-free number), email: 
[email protected].

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

    Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: Federal Mine Safety and Health Act of 1977 
section 101(c), 30 U.S.C. 811(c), provides that a mine operator or a 
representative of miners may petition the Secretary of Labor 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. Upon receipt of a petition, the 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, the MSHA conducts an investigation 
to determine the merits of the petition for the purpose of deciding 
whether to grant the request and, if granted, whether there is a need 
for any additional terms or conditions.
    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 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 it 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1219-0065. The current approval is scheduled to 
expire on January 31, 2013; however, it should be noted that existing 
information collection requirements 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 August 3, 2012 (77 FR 46525).
    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 help ensure appropriate 
consideration, comments should mention OMB Control Number 1219-0065. 
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: DOL-MSHA.
    Title of Collection: Petitions for Mine Safety Standard 
Modification.
    OMB Control Number: 1219-0065.
    Affected Public: Private Sector--businesses or other for profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 80.
    Total Estimated Number of Responses: 80.
    Total Estimated Annual Burden Hours: 2,560.
    Total Estimated Annual Other Costs Burden: $37,514.

    Dated: December 10, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012-30200 Filed 12-13-12; 8:45 am]
BILLING CODE 4510-43-P