[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28242-28243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11341]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection; Cleanup Program for 
Accumulations of Coal and Float Coal Dusts, Loose Coal, and Other 
Combustibles

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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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 continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA). This program helps to assure 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 is 
soliciting comments concerning the proposed information collection for 
developing and updating a cleanup program for accumulations of coal and 
float coal dusts, loose coal, and other combustibles in underground 
coal mines.

DATES: All comments must be postmarked or received by midnight Eastern 
Standard Time on July 15, 2013.

ADDRESSES: Comments concerning the information collection requirements 
of this notice must be clearly identified with ``OMB 1219-NEW'' and 
sent to the Mine Safety and Health Administration (MSHA) by any of the 
methods listed below.
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number [MSHA-2013-0017].
     Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, VA 22209-3939.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Deputy Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); 202-693-9440 (voice); or 202-693-
9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    A program for regular cleanup and removal of accumulations of coal 
and float coal dusts, loose coal, and other combustibles is essential 
to protect miners from explosions. Effective and frequent rock dust 
application is necessary to protect miners from the potential of a 
float coal dust explosion or, if one occurs, to reduce its propagation. 
Rock dust standards were published (35 FR 17097, November 20, 1970) as 
part of a final rule that implemented requirements contained in the 
1969 Federal Coal Mine Health and Safety Act.
    Section 75.400-2 requires that mine operators establish and 
maintain a ``program for regular cleanup and removal of accumulations 
of coal and float coal dusts, loose coal, and other combustibles.'' In 
addition, the cleanup program must be available to the Secretary or 
authorized representative (AR).
    On September 23, 2010, MSHA issued an emergency temporary standard 
(ETS) on the maintenance of incombustible content of rock dust. The 
ETS, which became a final rule on June 21, 2011, increased the total 
incombustible

[[Page 28243]]

content of combined coal dust, rock dust, and other dust to at least 80 
percent in underground areas of bituminous coal mines. To clarify 
MSHA's standards under the ETS, the Agency issued Program Information 
Bulletin (PIB) No. P10-18, ``Accumulation of Combustible Materials and 
Rock Dust'', which included information on a mine operator's 
responsibility to establish and maintain a program for the regular 
cleanup and removal of accumulations of coal and float coal dusts and 
other combustibles.
    Based on its investigation of the April 5, 2010 explosion at the 
Upper Big Branch mine (UBB), MSHA issued a report on December 6, 2011, 
in which the Agency concluded that accumulations of coal and float coal 
dusts, and loose coal were contributing factors to the explosion. In 
response to the UBB explosion, MSHA determined that it is necessary to 
place more emphasis on improved rock dusting in underground coal mines, 
including improved operators' cleanup programs. A written cleanup 
program documents how an operator plans to conduct regular cleanup and 
removal of accumulations of coal and float coal dust, loose coal and 
other combustibles to better protect miners from the hazard of coal 
dust explosions.
    The standard for mine operators to establish and maintain a cleanup 
program predates the PRA, and MSHA discovered that it lacked OMB 
approval. This collection of information provides the required OMB 
clearance under the PRA.

II. Desired Focus of Comments

    The Mine Safety and Health Administration (MSHA) is soliciting 
comments concerning the proposed information collection related to the 
Cleanup Program for Accumulations of Coal and Float Coal Dusts, Loose 
Coal, and Other Combustibles. MSHA is particularly interested in 
comments that:
     Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information has practical utility;
     Evaluate the accuracy of MSHA's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
     Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
     Address 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), to minimize the burden of the collection of information on 
those who are to respond.
    OMB clearance requests are available on MSHA's Web site at http://www.msha.gov under ``Federal Register Documents'' on the right side of 
the screen by selecting ``New and Existing Information Collections and 
Supporting Statements.'' The document will be available on MSHA's Web 
site for 60 days after the publication date of this notice, and on 
http://www.regulations.gov. Comments submitted in writing or in 
electronic form will be made available for public inspection on http://www.regulations.gov. Because comments will not be edited to remove any 
identifying information, MSHA cautions the commenter against including 
any information in the submission that should not be publicly 
disclosed.
    The public also may examine publicly available documents at MSHA, 
Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, 
Room 2350, Arlington, VA 22209-3939.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION section of 
this notice.

III. Current Actions

    The information obtained from mine operators is used by MSHA during 
inspections to determine compliance with safety and health standards. 
MSHA has used 2012 data for the number of respondents and responses, as 
well as the total burden hours and burden costs supporting this 
information collection request.
    MSHA does not intend to publish the results from this information 
collection and is not seeking approval to either display or not display 
the expiration date for the OMB approval of this information 
collection.
    There are no certification exceptions identified with this 
information collection and the collection of this information does not 
employ statistical methods.

Summary

    Type of Review: New Information Collection.
    Agency: Mine Safety and Health Administration.
    Title: Cleanup Program for Accumulations of Coal and Float Coal 
Dusts, Loose Coal, and Other Combustibles.
    OMB Number: 1219-NEW.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc: 30 CFR 75.400-2.
    Total Number of Respondents: 375.
    Frequency: Various.
    Total Number of Responses: 337.
    Total Burden Hours: 510 hours.
    Total Other Annual Cost Burden: $0.
    Comments submitted in response to this notice will be summarized 
and 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.

    Authority: 44 U.S.C. 3506(c)(2)(A).

    Dated: May 8, 2013.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2013-11341 Filed 5-13-13; 8:45 am]
BILLING CODE 4510-43-P