[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70535-70536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26725]


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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 
request for comment 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 request 
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 February 8, 2022.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments for MSHA-2021-0033. 
Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket, with no changes. 
Because your comment will be made public, you are responsible for 
ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
     If your comment includes confidential information that you 
do not wish to be made available to the public, submit the comment as a 
written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
     Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.
     MSHA will post your comment as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Acting 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 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(a), 
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 
or other mines. Under section 101(c) of the Mine Act, 30 U.S.C. 811(c), 
the Secretary may modify the application of a mandatory safety standard 
to a mine, upon petition by the operator or the representative of 
miners, 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, operators of mines for which there is no 
representative of miners must post a copy of each petition for 
modification concerning the mine on the mine bulletin board and 
maintain the posting until a ruling on the petition becomes final.

[[Page 70536]]

    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 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 
related to the information collection, including the validity of the 
methodology and assumptions used in the estimate;
     Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
     Minimize the burden of the information collection 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.
    Background documents related to this information collection request 
are available at https://regulations.gov and at DOL-MSHA located at 201 
12th Street South, Suite 4E401, Arlington, VA 22202-5452. Questions 
about the information collection requirements may be directed to the 
person listed in the FOR FURTHER INFORMATION CONTACT: section of this 
notice.

III. Current Actions

    This information-collection request concerns provisions for 
petitions for modification of mandatory safety standards under part 44 
of 30 CFR. MSHA has updated the data with respect to the number of 
respondents, responses, burden hours, and burden costs supporting this 
information collection request from the previous 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: $28,545.
    Comments submitted in response to this notice will be summarized in 
the request for Office of Management and Budget approval of the 
proposed information collection request; they will become a matter of 
public record and will be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2021-26725 Filed 12-9-21; 8:45 am]
BILLING CODE 4510-43-P