[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47522-47523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15582]



[[Page 47522]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0133]


Proposed Extension of Information Collection; Hazard 
Communication

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

-----------------------------------------------------------------------

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. The 
Mine Safety and Health Administration (MSHA) is soliciting comments on 
the information collection for Hazard Communication.

DATES: All comments must be received on or before September 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: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2023-0038.
     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) Public Law 95-164 as amended, 30 U.S.C. 813(h), authorizes 
Mine Safety and Health Administration (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(a), 
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 nonmental mines.
    30 U.S.C. 811(a)(7) requires, in part, that mandatory standards 
prescribe the use of labels or other appropriate forms of warning as 
are necessary to ensure that miners are apprised of all hazards to 
which they are exposed, relevant symptoms and appropriate emergency 
treatment, and proper conditions and precautions for safe use or 
exposure.
    MSHA's hazardous communications (HazCom) standards in 30 CFR 47 
require mine operators to evaluate the hazards of chemicals they 
produce or use and to provide information to miners concerning chemical 
hazards by means of a written HazCom program including a list of all 
hazardous chemicals known at the mine, labeling containers of hazardous 
chemicals, providing access to Material Safety Data Sheets (MSDS) and 
administering initial miner training.

(1) HazCom Program

    (a) 30 CFR 47.31(a) requires each operator to develop and implement 
a written HazCom program. 30 CFR 47.32(a) requires the program to 
include hazard determination, labels and other forms of warning, and 
MSDSs. 30 CFR 47.32(b) provides a list or other record identifying all 
hazardous chemicals known to be at the mine. The list must use a 
chemical identity that permits cross-referencing between the list, a 
chemical's label, and its MSDS; and be compiled for the whole mine or 
by individual work areas.
    (b) 30 CFR 47.31(b) requires each operator to maintain a written 
HazCom program for as long as a hazardous chemical is known to be at 
the mine.
    (c) 30 CFR 47.31(c) requires each operator to share relevant HazCom 
information with other on-site operators whose miners can be affected. 
30 CFR 47.32(c) provides the methods for information sharing.
    (d) 30 CFR 47.32(a)(4) requires miner training for the HazCom 
program.

(2) Container Labels and Other Forms of Warning

    (a) 30 CFR 47.41(a) requires each operator to ensure that each 
container of a hazardous chemical has a label. If a container is tagged 
or marked with the appropriate information, it is labeled. 30 CFR 47.42 
specifies the label contents as: be prominently displayed, legible, 
accurate, and in English; display appropriate hazard warnings; use a 
chemical identity that permits cross-referencing between the list of 
hazardous chemicals, a chemical's label, and its MSDS; and include on 
labels for customers, the name and address of the operator or another 
responsible party who can provide additional information about the 
hazardous chemical.
    (b) 30 CFR 47.41(b) requires that for each hazardous chemical 
produced at the mine, the operator must prepare a container label and 
update this label with any significant, new information about the 
chemical's hazards within 3 months of becoming aware of this 
information.
    (c) 30 CFR 47.41(c) requires that for each hazardous chemical 
brought to the mine, the operator must replace an outdated label when a 
revised label is received from the chemical's manufacturer or supplier. 
The operator is not responsible for an inaccurate label obtained from 
the chemical's manufacturer or supplier.
    (d) 30 CFR 47.43 allows each operator to use signs, placards, 
process sheets, batch tickets, operating procedures, or other label 
alternatives for individual, stationary process containers provided 
that the alternative identifies the container to which it applies, 
communicates the same information as required on the label, and is 
readily available throughout each work shift to miners in the work 
area.

(3) Material Safety Data Sheets (MSDS)

    (a) 30 CFR 47.51 requires each operator to have an MSDS for each 
hazardous chemical which they produce or use. The MSDS may be in any 
medium, such as paper or electronic, that does not restrict 
availability. 30 CFR 47.52 specifies the contents of MSDS to be 
legible, accurate, and in English; use a chemical identity that permits 
cross-referencing between the list of hazardous chemicals, the 
chemical's label, and its MSDS; and contain information, or indicate if 
no information Is available, for the categories listed in 30 CFR Table 
47.52(c).
    (b) 30 CFR 47.51(a) requires that the operator to prepare and 
update an MSDS for a hazardous chemical produced at the mine.

[[Page 47523]]

    (c) 30 CFR 47.51(b) requires that the operator to develop an MSDS 
for each hazardous chemical brought to the mine, based on the MSDS 
received from the chemical manufacture or supplier.
    (d) If the mine produces or uses hazardous waste, 30 CFR 47.53 
requires each operator to provide potentially exposed miners and 
designated representatives access to available information for the 
hazardous waste that identifies its hazardous chemical components, 
describes its physical or health hazards, or specifies appropriate 
protective measures.
    (e) Although the operator is not responsible for an inaccurate MSDS 
obtained from the chemical's manufacturer, supplier, or other source, 
30 CFR 47.51(c) requires each operator to replace an outdated MSDS upon 
receipt of an updated revision and obtain an accurate MSDS as soon as 
possible after becoming aware of an inaccuracy.
    (f) 30 CFR 47.54 requires each mine operator to make MSDSs 
accessible to miners during work shift at each work area or an 
alternative location.
    (g) 30 CFR 47.55 requires each operator to retain its MSDS for as 
long as the hazardous chemical is known to be at the mine and notify 
miners at least 3 months before disposing of the MSDS.

(4) Making HazCom Information Available

    (a) Upon request, 30 CFR 47.71 requires each operator to provide 
access to all HazCom materials required in Part 47 to miners and 
designated representatives, except trade secrets hazardous material as 
provided in 30 CFR 47.81 through 47.87.
    (b) 30 CFR 47.72 requires that the operator to provide the first 
copy and each revision of the HazCom material without cost, and at non-
discriminatory and reasonable fees for a subsequent copy.
    (c) For a hazardous chemical produced at the mine, 30 CFR 47.73 
requires each operator to provide customers, upon request, with the 
chemical's label or a copy of the label information, and the chemical's 
MSDS.

(5) Trade Secret Hazardous Chemical

    (a) 30 CFR 47.81 allows each operator to withhold the identity of a 
trade secret chemical, including the name and other specific 
identification, from the written list of hazardous chemicals, the 
label, and the MSDS, provided that the operator can support the claim 
that the chemical's identity is a trade secret, identifies the chemical 
in a way that it can be referred to without disclosing the secret, 
indicates in the MSDS that the chemical's identity is withheld as a 
trade secret, and discloses in the MSDS information on the properties 
and effects of the hazardous chemical. The operator must make the 
chemical's identity available to miners, designated representatives, 
and health professionals in accordance with the provisions of this 
subpart.
    (b) 30 CFR 47.82 requires the operator to disclose to MSHA any 
information that is required for operators related to trade secret 
hazardous chemicals. The operator is required to make a trade secret 
claim, no later than at the time the information is provided to MSHA 
for the Agency to determine the trade secret status and implement the 
necessary protection.
    (c) 30 CFR 47.83 requires upon request, the operator to immediately 
disclose the identity of a trade secret chemical to the treating health 
professional in the case of a medical emergency or first-aid treatment. 
The operator may require a written statement of need and 
confidentiality agreement as soon as circumstances permit.
    (d) Upon request, the operator must disclose the identity of a 
trade secret chemical in a non-emergency situation to an exposed miner, 
the miner's designated representative, or a health professional under 
conditions listed in 30 CFR 47.84.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Hazard Communication. 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 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 information collection request concerns provisions for Hazard 
Communication. MSHA has updated the data with respect to the number of 
respondents, responses, burden hours, and burden costs supporting this 
information collection request from the previous information collection 
request.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0133.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 15,021.
    Frequency: On occasion.
    Number of Annual Responses: 621,433.
    Annual Burden Hours: 146,902 hours.
    Annual Respondent or Recordkeeper Cost: $55,254.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the proposed information collection request; they will 
become a matter of public record and will be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2023-15582 Filed 7-21-23; 8:45 am]
BILLING CODE 4510-43-P