[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5724-5725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03089]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0065]


Proposed Extension of Information Collection; Petitions for 
Modification of Mandatory Safety Standards

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 collections of information 
in accordance with the Paperwork Reduction Act of 1995. 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 on the information collection for Petitions for 
Modification of Mandatory Safety Standards.

DATES: All comments must be received on or before April 23, 2019.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent 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-2018-0043.
     Regular Mail: Send comments to USDOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452.
     Hand Delivery: USDOL-Mine Safety and Health 
Administration, 201 12th Street South, Suite 4E401, Arlington, VA 
22202-5452. Sign in at the receptionist's desk on the 4th floor via the 
East elevator.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, 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

    Section 101(c), of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. Section 811(c), provides that a mine operator or 
a representative of miners may petition the Secretary of Labor 
(Secretary) 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 result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard, or (2) 
that the application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    Under 30 CFR 44.9, mine operators must post a copy of each petition 
for modification concerning the mine on the mine's bulletin board and 
maintain the posting until a ruling on the petition becomes final. This 
applies only to mines for which there is no representative of miners.
    Under 30 CFR 44.10, detailed guidance for filing a petition for 
modification is provided for the operator of the affected mine or any 
representative of the miners at that mine. The petition must be in 
writing, filed with the Director, Office of Standards, Regulations and 
Variances, and a copy of the petition served by the filing party (the 
mine operator or representative of miners) on the other party.
    Under 30 CFR 44.11(a), the petition for modification must contain 
the

[[Page 5725]]

petitioner's name and address; the mailing address and mine 
identification number of the mine or mines affected; the mandatory 
safety standard to which the petition is directed; a concise statement 
of the modification requested and whether the petitioner (1) proposes 
to establish an alternate method in lieu of the mandatory safety 
standard, or (2) alleges that application of the standard will result 
in diminution of safety to the miners affected, or (3) requests relief 
based on both grounds; a detailed statement of the facts that show the 
grounds upon which a modification is claimed or warranted; and, if the 
petitioner is a mine operator, the identity of any representative of 
miners at the affected mine.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Petitions for Modification of Mandatory Safety 
Standards. 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
     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.
    The information collection request will be available on http://www.regulations.gov. MSHA cautions the commenter against providing any 
information in the submission that should not be publicly disclosed. 
Full comments, including personal information provided, will be made 
available on www.regulations.gov and www.reginfo.gov.
    The public may also examine publicly available documents at USDOL-
Mine Safety and Health Administration, 201 12th South, Suite 4E401, 
Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th 
floor via the East elevator.
    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

    This request for collection of information contains provisions for 
Petitions for Modification of Mandatory Safety Standards. MSHA has 
updated the data with respect to the number of respondents, responses, 
burden hours, and burden costs supporting this information collection 
request.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0065.
    Affected Public: Business or other for-profit.
    Number of Respondents: 56.
    Frequency: On occasion.
    Number of Responses: 56.
    Annual Burden Hours: 2,240 hours.
    Annual Respondent or Recordkeeper Cost: $35,017.
    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.

Sheila McConnell,
Certifying Officer.
[FR Doc. 2019-03089 Filed 2-21-19; 8:45 am]
 BILLING CODE 4510-43-P