[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10669-10670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04480]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Pattern of Violations

ACTION: Notice.

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

SUMMARY: On February 29, 2016, the Department of Labor (DOL) will 
submit the Mine Safety and Health Administration (MSHA) sponsored 
information collection request (ICR) titled, ``Pattern of Violations,'' 
to the Office of Management and Budget (OMB) for review and approval 
for continued use, without change, in accordance with the Paperwork 
Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on 
the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before March 31, 2016.

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 free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201508-1219-003 (this link will only become active 
on March 1, 2016) or by contacting Michel Smyth by telephone at 202-
693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].
    Submit comments about this request by mail or courier 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; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of

[[Page 10670]]

the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

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

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Pattern of Violations information collection. The Federal Mine 
Safety and Health Act of 1977 (Mine Act), as amended, places the 
ultimate responsibility on mine operators for ensuring the safety and 
health of miners. The legislative history of the Mine Act emphasizes 
that Congress included the pattern of violations (POV) provision for 
mine operators who demonstrated a disregard for the safety and health 
of miners through a recurring pattern of significant and substantial 
violations. The MSHA was to use the POV provision in situations where 
other enforcement actions had been ineffective at bringing the mines 
into compliance with safety and health standards. Regulations 30 CFR 
104.2(a)(8) provides that the MSHA will consider mitigating 
circumstances in determining whether to issue a POV Notice. Among the 
items the MSHA could consider is an approved corrective action program 
to reduce significant and substantial violations accompanied by 
positive results. Mine Act sections 101(a) and 103(h) authorize this 
information collection. See 30 U.S.C. 811(a), 813(h).
    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 that 
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 1219-0150.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on February 29, 2016. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on September 23, 2015 (80 FR 
57399).
    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 thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1219-0150. 
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: Pattern of Violations.
    OMB Control Number: 1219-0150.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 100.
    Total Estimated Number of Responses: 100.
    Total Estimated Annual Time Burden: 13,600 hours.
    Total Estimated Annual Other Costs Burden: $10,000.

    Dated: February 24, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-04480 Filed 2-29-16; 8:45 am]
BILLING CODE 4510-43-P