[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57482-57483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23299]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Operations Mining Under a Body of Water

ACTION: Notice of availability; request for comments.

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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, ``Operations Mining Under a Body of Water,'' 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). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before November 25, 2019.

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 website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201906-1219-001 (this link will only become active 
on the day following publication of this notice) or by contacting 
Frederick Licari by telephone at 202-693-8073, TTY 202-693-8064, (these 
are not toll-free numbers) or by email at [email protected].
    Submit comments about this request by mail 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 
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: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Operations Mining Under a Body of Water information collection. 
Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine 
Act), 30 U.S.C. 813(h), authorizes MSHA to collect information 
necessary to carry out its duty in protecting the safety and health of 
miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811, 
authorizes the Secretary of Labor (Secretary) to develop, promulgate, 
and revise as may be appropriate, improved mandatory health or safety 
standards for the protection of life and prevention of injuries in coal 
and metal and nonmetal mines. Title 30 CFR Sections 75.1716, 75.1716-1 
and 75.1716-3 require operators of underground coal mines to provide 
MSHA notification before mining under bodies of water and to obtain a 
permit to mine under a body of water if, in the judgment of the 
Secretary, it is sufficiently large to constitute a hazard to miners. 
The regulation is necessary to prevent the inundation of underground 
coal mines with water that has the potential of drowning miners. The 
coal mine operator submits an application for the permit to the 
District Manager in whose district the mine is located. Applications 
contain the name and address of the mine; projected mining and ground 
support plans; a mine map showing the location of the river, stream, 
lake or other body of water and its relation to the location of all 
working places; and a profile map showing the type of strata and the 
distance in elevation between the coal bed and the water involved. MSHA 
has provided an exemption from notification and permit application for 
mine operators where the projected mining is under any water reservoir 
constructed by a Federal agency as of December 30, 1969, and where the 
operator is required by such agency to operate in a manner that 
adequately protects the safety of miners. The exemption for such mining 
is addressed by 30 CFR Sections 75.1716 and 75.1717. MSHA also 
encourages a mine operator to provide more information in an 
application. When the operator files an application for a permit, in 
addition to the information required under 30 CFR Section 75.1716-3, 
operators are also encouraged to include a map of the active areas of 
the

[[Page 57483]]

mine under the body of water showing the following: Bottom of coal 
elevations (minimum 10-ft contour intervals); the limits of the body of 
water and the estimated quantity of water in the pool; the limits of 
the proposed ``safety zone'' within which precautions will be taken; 
overburden thickness (depth of cover) contours; corehole locations; and 
known faults, lineaments, and other geologic features. If the body of 
water is contained within an overlying mine, then MSHA recommends a map 
of the overlying mine showing bottom of coal elevations (minimum 10-ft 
contour intervals), when available, corehole locations, the limits of 
the body of water with the estimated quantity of water in the pool, and 
interburden to active mine below be provided. Operators are also 
encouraged to submit the methods that were used to estimate the 
quantity of water in the pool, borehole logs, including geotechnical 
information (RQD, fracture logs, etc.) if available; rock mechanics 
data on the overburden, interburden, mine roof, and mine floor, if 
available; mining height of the seam being mined, pillar and floor 
stability analyses for the active mine, whether second mining is 
planned, whether mining will be conducted down-dip or up-dip, where 
water will flow to in the active mine if encountered, pumping 
capabilities for dewatering, a comprehensive evacuation plan for the 
miners, and a statement of what in-mine conditions would trigger the 
implementation of the evacuation plan, and training that will be 
provided to the miners regarding the potential hazards.
    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 the OMB under the PRA approves it 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 1219-0020.
    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 October 31, 2019. 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 August 21, 2019 (84 FR 
43621).
    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 1219-0020. 
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: Operations Mining Under a Body of Water.
    OMB Control Number: 1219-0020.
    Affected Public: Private Sector--Businesses or other for-profits.
    Total Estimated Number of Respondents: 77.
    Total Estimated Number of Responses: 77.
    Total Estimated Annual Time Burden: 424 hours.
    Total Estimated Annual Other Costs Burden: $1,040.

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

    Dated: October 17, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019-23299 Filed 10-24-19; 8:45 am]
 BILLING CODE 4510-43-P