[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17022-17023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05719]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0089]


Proposed Extension of Information Collection; Safety Defects; 
Examination, Correction, and Records

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 Safety Defects; 
Examination, Correction, and Records.

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-2022-0073.
     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 (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.
    This Information Collection Request concerns recordkeeping 
requirements related to: (1) Inspection of compressed-air receivers and 
other unfired pressure vessels; (2) Boilers; (3) Safety defects; 
examination; correction and records; and (4) Examination of working 
places in surface and underground metal and nonmetal mines.
    30 CFR 56.13015 (Surface Metal and Nonmetal Mines--Inspection of 
compressed-air receivers and other unfired pressure vessels) and 
57.13015 (Underground Metal and Nonmetal Mines--Inspection of 
compressed-air receivers and other unfired pressure vessels) require 
that compressed-air receivers and other unfired pressure vessels must 
be inspected by inspectors holding a valid National Board Commission 
and in accordance with the applicable chapters of the National Board 
Inspection Code, a Manual for Boiler and Pressure Vessels Inspectors, 
1979. Safety defects found on compressed-air receivers and other

[[Page 17023]]

unfired pressure vessels have caused injuries and fatalities in the 
mining industry.
    Records of inspections must be kept in accordance with the 
requirements of the National Board Inspection Code and the records must 
be made available to the Secretary or an authorized representative.
    30 CFR 56.13030 (Surface Metal and Nonmetal Mines--Boilers) and 
57.13030 (Underground Metal and Nonmetal Mines--Boilers) require that 
fired pressure vessels (boilers) must be equipped with water level 
gauges, pressure gauges, automatic pressure-relief valves, blowdown 
piping, and other safety devices approved by the American Society of 
Mechanical Engineers to protect against hazards from overpressure, 
flameouts, fuel interruptions, and low water level.
    Records of inspection and repairs must be retained by the mine 
operator in accordance with the requirements of the ASME Boiler and 
Pressure Vessel Code, 1977, and the National Board Inspection Code 
(progressive records--no limit on retention time) and shall be made 
available to the Secretary or an authorized representative.
    30 CFR 56.14100 (Surface Metal and Nonmetal Mines--Safety defects; 
examination, correction and records) and 57.14100 (Underground Metal 
and Nonmetal Mines--Safety defects; examination, correction and 
records) require that operators must inspect equipment, machinery, and 
tools that are to be used during a shift for safety defects before the 
equipment is placed in operation. Defects affecting safety are required 
to be corrected in a timely manner. In instances where the defect makes 
continued operation of the equipment hazardous to persons, the 
equipment must be removed from service, tagged to identify that it is 
out of use, and repaired before use is resumed.
    Safety defects on self-propelled mobile equipment account for many 
injuries and fatalities in the mining industry. Inspection of this 
equipment prior to use is required to ensure safe operation. The 
equipment operator is required to make a visual and operational check 
of the various primary operating systems that affect safety, such as 
brakes, lights, horn, seatbelts, tires, steering, back-up alarm, 
windshield, cab safety glass, rear and side view mirrors, and other 
safety and health related items.
    Any defects found are required to be either corrected immediately 
or reported to and recorded by the mine operator prior to the timely 
correction. The precise format in which the record is kept is left to 
the discretion of the mine operator. Reports of uncorrected defects are 
required to be recorded by the mine operator and kept at the mine 
office from the date the defects are recorded until the defects are 
corrected.
    30 CFR 56.18002 (Surface Metal and Nonmetal Mines--Examination of 
working places) and 57.18002 (Underground Metal and Nonmetal Mines--
Examination of working places) require that a competent person 
designated by the operator shall examine each working place at least 
once each shift before miners begin work in that place for conditions 
that may adversely affect safety or health. A record of each 
examination must be made before the end of the shift for which the 
examination was conducted. The record must contain the name of the 
person conducting the examination; the date of the examination; 
location of all areas examined; and description of each condition found 
that may adversely affect the safety or health of miners. When a 
condition that may adversely affect safety or health is corrected, the 
examination record shall include, or be supplemented to include, the 
date of the corrective action. The operator must maintain the 
examination records for at least 1 year, make the records available for 
inspection by authorized representatives of the Secretary and the 
representatives of miners, and provide these representatives a copy on 
request.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection. 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, 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 CONTACT 
section of this notice.

III. Current Actions

    This request for collection of information contains recordkeeping 
provisions for 30 CFR 56.13015 (Inspection of compressed-air receivers 
and other unfired pressure vessels) and 57.13015 (Inspection of 
compressed-air receivers and other unfired pressure vessels), 56.13030 
(Boilers), 57.13030 (Boilers), 56.14100 (Safety defects; examination, 
correction and records) and 57.14100 (Safety defects; examination, 
correction and records) and 56.18002 (Examination of working places) 
and 57.18002 (Examination of working places). 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: 1219-0089.
    Affected Public: Business or other for-profit.
    Number of Respondents: 11,279.
    Frequency: On occasion.
    Number of Responses: 5,487,441.
    Annual Burden Hours: 1,236,293 hours.
    Annual Respondent or Recordkeeper Cost: $218,190.
    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. 2023-05719 Filed 3-20-23; 8:45 am]
BILLING CODE 4510-43-P