[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17025-17026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05717]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0024]
Proposed Extension of Information Collection; Application for
Waiver of Surface Facilities Requirements
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 Application for
Waiver of Surface Facilities Requirements.
DATES: All comments must be received by the Office of Standards,
Regulations, and Variances on or before May 22, 2023.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that late, untimely filed comments will not be considered.
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments for docket
number MSHA-2022-0074.
Mail/Hand Delivery: 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 all comments 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). These are not toll-free numbers.
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.
30 CFR 71.400 (Bathing facilities; change rooms; sanitary flush
toilet facilities), 71.401 (Location of facilities), 71.402 (Minimum
requirements for bathing facilities, change rooms, and sanitary flush
toilet facilities) and 75.1712-1 (Availability of surface bathing
facilities; change rooms; and sanitary facilities), 75.1712-2 (Location
of surface facilities), 75.1712-3 (Minimum requirements of surface
bathing facilities, change rooms, and sanitary toilet facilities)
require coal mine operators to provide bathing facilities, clothing
change rooms, and sanitary flush toilet facilities in a location that
is convenient for use of the miners. If the operator is unable to meet
any or all of the requirements, the operator may apply for a waiver.
71.403 (Waiver of surface facilities requirements; posting of waiver),
71.404 (Application for waiver of surface facilities requirements),
75.1712-4 (Waiver of surface facilities requirements), and 75.1712-5
(Application for waiver of surface facilities) provide procedures by
which an operator may apply for and be granted a waiver. Applications
must be submitted to the MSHA District Manager for the district in
which the mine is located and must contain the name and address of the
mine operator, name and location of the mine, and a detailed statement
of the grounds on which the waiver is requested.
Waivers for surface mines may be granted by the District Manager
for a period not to exceed 1 year. If the waiver is granted, surface
mine operators may apply for annual extensions of the approved waiver.
Waivers for underground mines may be granted by the District Manager
for the period of time requested by the underground mine operator as
long as the circumstances that were used to justify granting the waiver
remain in effect. Waivers are not transferable to a successor coal mine
operator.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Application for Waiver of Surface Facilities
Requirements. 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 https://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, Office of Standards, Regulations, and
[[Page 17026]]
Variances, 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 CONTACT
section of this notice.
III. Current Actions
This request for collection of information contains provisions for
Application for Waiver of Surface Facilities Requirements. 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: 1219-0024.
Affected Public: Business or other for-profit.
Number of Respondents: 186.
Frequency: On occasion.
Number of Responses: 186.
Annual Burden Hours: 74 hours.
Annual Respondent or Recordkeeper Cost: $930.
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, Mine Safety and Health Administration.
[FR Doc. 2023-05717 Filed 3-20-23; 8:45 am]
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