[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Page 71107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24656]



[[Page 71107]]

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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Sealing of Abandoned Areas

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Mining Safety 
and Health Administration (MSHA)-sponsored information collection 
request (ICR) to the Office of Management and Budget (OMB) for review 
and approval 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 December 7, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

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

SUPPLEMENTARY INFORMATION: MSHA's standards for sealing abandoned areas 
in underground coal mines include requirements addressing the design 
and construction of new seals and the examination, maintenance, and 
repair of all seals. Section 75.335(b) sets forth procedures for the 
approval of seal design applications. Section 75.335(c) requires the 
submission and certification of information for seal installation. 
Section 75.336(a)(2) requires the mine operator to evaluate the 
atmosphere in the sealed area to determine whether sampling through the 
sampling pipes in seals provides appropriate sampling locations of the 
sealed area. The mine operator will make an evaluation for each area 
that has seals. Section 75.336(c) requires that when a sample is taken 
from the sealed atmosphere with seals of less than 120 psi and the 
sample indicates that the oxygen concentration is 10 percent or greater 
and methane is between 4.5 percent and 17 percent, the mine operator 
must immediately take an additional sample and then immediately notify 
the District Manager.
    Section 75.336(e) requires a certified person to record each 
sampling result, including the location of the sampling points and the 
oxygen and methane concentrations. Also, any hazardous conditions found 
must be corrected and recorded in accordance with existing section 
75.363. Section 75.337(c)(1)-(c)(5) requires a certified person to 
perform several tasks during seal construction and repair and certify 
that the tasks were done in accordance with the approved ventilation 
plan. In addition, a mine foreman or equivalent mine official must 
countersign the record. Section 75.337(d) requires a senior mine 
management official, such as a mine manager or superintendent, to 
certify that the construction, installation, and materials used were in 
accordance with the approved ventilation plan. Section 75.337(e) 
requires the mine operator to notify MSHA of certain activities 
concerning the construction of seals. Section 75.337(e)(1) requires the 
mine operator to notify the District Manager between 2 and 14 days 
prior to commencement of seal construction. Section 75.337(e)(2) 
requires the mine operator to notify the District Manager, in writing, 
within 5 days of completion of a set of seals and provide a copy of the 
certifications required in section 75.337(d). Section 75.337(e)(3) 
requires the mine operator to submit a copy of the quality control test 
results for seal material properties specified by section 75.335 within 
30 days of completion of such tests. Section 75.337(g)(3) requires the 
mine operator to label sampling pipes to indicate the location of the 
sampling point when the mine operator installs more than one sampling 
pipe through a seal. Section 75.338(a) requires mine operators to 
certify that persons conducting sampling were trained in the use of 
appropriate sampling equipment, techniques, the location of sampling 
points, the frequency of sampling, the size and condition of sealed 
areas, and the use of continuous monitoring systems, if applicable, 
before they conduct sampling, and annually thereafter. Section 
75.338(b) requires mine operators to certify that miners constructing 
or repairing seals, designated certified persons, and senior mine 
management officials were trained prior to constructing or repairing a 
seal and annually thereafter. For additional substantive information 
about this ICR, see the related notice published in the Federal 
Register on July 27, 2020 (85 FR 45241).
    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 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-MSHA.
    Title of Collection: Sealing of Abandoned Areas.
    OMB Control Number: 1219-0142.
    Affected Public: Businesses or other for-profits institutions.
    Total Estimated Number of Respondents: 177.
    Total Estimated Number of Responses: 47,194.
    Total Estimated Annual Time Burden: 4,870 hours.
    Total Estimated Annual Other Costs Burden: $709,972.

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

    Dated: November 2, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020-24656 Filed 11-5-20; 8:45 am]
BILLING CODE 4510-43-P