[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64253-64254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23006]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0041]


Proposed Extension of Information Collection; Program To Prevent 
Smoking in Hazardous Areas of Underground Coal Mines

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 the Program to 
Prevent Smoking in Hazardous Areas of Underground Coal Mines.

DATES: All comments must be received on or before December 23, 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-2022-0041.
     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 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.
    Section 317(c) of the Mine Act, 30 U.S.C. 877(c), and 30 CFR 
75.1702 (smoking; prohibition) prohibit persons from smoking or 
carrying smoking materials underground or in places where there is a 
fire or explosion hazard. Under the Mine Act, 30 U.S.C. 877(c) and 30 
CFR 75.1702, coal mine operators are required to develop programs to 
prevent persons from

[[Page 64254]]

carrying smoking materials, matches, or lighters underground and to 
prevent smoking in hazardous areas, such as in or around oil houses, 
explosives magazines, or other areas where such practice may cause a 
fire or explosion.
    30 CFR 75.1702-1 (smoking program) requires a mine operator to 
submit a smoking prevention plan to MSHA for approval. Section 103(h) 
of the Mine Act, 30 U.S.C. 813, authorizes MSHA to collect information 
necessary to carry out its duty in protecting the safety and health of 
miners. These information collection requirements help to ensure that a 
fire or explosion hazard does not occur.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to the Program to Prevent Smoking in Hazardous Areas 
of Underground Coal Mines. 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-
MSHA, 201 12th Street 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 
the Program to Prevent Smoking in Hazardous Areas of Underground Coal 
Mines. A smoking prevention program remains in effect for the life of 
the mine; however, mines occasionally revise their programs and submit 
them to MSHA. Therefore, the number of annual responses is limited to 
programs developed for new mines, mines changing ownership, and an 
occasional revision. In 2020 and 2021, there were 20 new and revised 
smoking prevention programs approved each year by MSHA under this 
standard. MSHA estimates that there are no additional costs associated 
with submission of a smoking prevention program. MSHA's experience is 
that a smoking prevention program is relatively straightforward, 
requiring minimal effort, and a respondent typically submits the plan 
along with other mandatory plans; therefore, mailing or processing 
costs are not incurred by the mine operator. 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: 1219-0041.
    Affected Public: Business or other for-profit.
    Number of Respondents: 20.
    Frequency: On occasion.
    Number of Responses: 20.
    Annual Burden Hours: 10 hours.
    Annual Respondent or Recordkeeper Cost: $0.
    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. 2022-23006 Filed 10-21-22; 8:45 am]
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