[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Pages 47469-47470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16586]


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DEPARTMENT OF LABOR


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

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting Mine 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 the agency 
receives on or before September 2, 2022.

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: Nora Hernandez by telephone at 202-
693-8633, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 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 (S&S) violations. 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.
    Under section 104.2, at least once each year MSHA reviews the 
compliance and other records of mines to determine whether any mines 
meet the POV criteria. In determining whether to issue a POV notice, 
MSHA considers mitigating circumstances facing mine operators, in 
accordance with section 104.2(a)(8). Specifically, among the items MSHA 
could consider is any approved corrective action program (CAP) that the 
mine is implementing to reduce S&S violations, together with any 
improved results. This information collection is designed to encourage 
operators to take proactive measures to bring their mines into 
compliance. MSHA believes that operators who implement CAPs are thereby 
demonstrating a commitment to complying with MSHA's safety and health 
standards and to restoring safe and healthful working conditions for 
miners.
    For additional substantive information about this ICR, see the 
related notice published in the Federal Register on March 22, 2022 (87 
FR 16239).
    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

[[Page 47470]]

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: Pattern of Violations.
    OMB Control Number: 1219-0150.
    Affected Public: Businesses or other for-profits institutions.
    Total Estimated Number of Respondents: 6.
    Total Estimated Number of Responses: 12.
    Total Estimated Annual Time Burden: 304 hours.
    Total Estimated Annual Other Costs Burden: $800.

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

Nora Hernandez,
Departmental Clearance Officer.
[FR Doc. 2022-16586 Filed 8-2-22; 8:45 am]
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