[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51150-51151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17907]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration
[OMB Control No. 1219-0020]


Proposed Extension of Information Collection; Operations Mining 
Under a Body of Water

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 Operations Mining 
Under a Body of Water.

DATES: All comments must be received on or before October 18, 2022.

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-2022-0034.
     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, 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, 
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.
    30 CFR 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 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 75.1716-3, operators 
are also

[[Page 51151]]

encouraged to include a map of the active areas of the 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.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Operations Mining Under a Body of Water. 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 DOL-
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. 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.
    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 
Operations Mining Under a Body of Water. 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: 1219-0020.
    Affected Public: Business or other for-profit.
    Number of Respondents: 50.
    Frequency: On occasion.
    Number of Responses: 50.
    Annual Burden Hours: 275 hours.
    Annual Respondent or Recordkeeper Cost: $680.
    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.

Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2022-17907 Filed 8-18-22; 8:45 am]
BILLING CODE 4510-43-P