[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51859-51861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16668]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0142]


Proposed Extension of Information Collection; Sealing of 
Abandoned Areas

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. The 
Mine Safety and Health Administration (MSHA) is soliciting comments on 
the information collection for Sealing of Abandoned Areas.

DATES: All comments must be received on or before October 3, 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-2023-0033.
     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 nonmetal mines.
    Part 75 of title 30 of Code of Federal Regulation includes 
requirements of sealing abandoned areas in underground coal mines such 
as the design and construction of new seals and the examination, 
maintenance, and repair of all seals.

30 CFR 75.335--Seal Strengths, Design Applications, and Installation

    30 CFR 75.335(b) sets forth procedures for the approval of seal 
design applications that are submitted by seal manufacturers or mine 
operators to MSHA's Office of Technical Support, Pittsburgh Safety and 
Health Technology Center.
    30 CFR 75.355(b)(1)(ii) requires that the seal design applications 
to be submitted for MSHA approval must be certified by a professional 
engineer to ensure that the design of the seal is in accordance with 
current, prudent engineering practices and is applicable to conditions 
in an underground coal mine.
    30 CFR 75.335(c) requires the submission and certification of 
information for seal installation. The mine operator must:
    (1) Retain the seal design approval and installation information 
for as long as the seal is needed to serve the purpose for which it was 
built.
    (2) Designate a professional engineer to conduct or have oversight 
of seal installation and certify that the provisions in the approved 
seal design

[[Page 51860]]

specified in this section have been addressed and are applicable to 
conditions at the mine. A copy of the certification must be submitted 
to the District Manager with the information listed in (3) and a copy 
of the certification must be retained for as long as the seal is needed 
to serve the purpose for which it was built.
    (3) Provide the following information for approval in the 
ventilation plan--
    i. The MSHA Technical Support Approval Number;
    ii. A summary of the installation procedures;
    iii. The mine map of the area to be sealed and proposed seal 
locations that include the deepest points of penetration prior to 
sealing. The mine map must be certified by a professional engineer or a 
professional land surveyor.
    iv. Specific mine site information, including--
    A. Type of seal;
    B. Safety precautions taken prior to seal achieving design 
strength;
    C. Methods to address site-specific conditions that may affect the 
strength and applicability of the seal including set-back distances;
    D. Site preparation;
    E. Sequence of seal installations;
    F. Projected date of completion of each set of seals;
    G. Supplemental roof support inby and outby each seal;
    H. Water flow estimation and dimensions of the water drainage 
system through the seals;
    I. Methods to ventilate the outby face of seals once completed;
    J. Methods and materials used to maintain each type of seal;
    K. Methods to address shafts and boreholes in the sealed area;
    L. Assessment of potential for overpressures greater than 120 psi 
in sealed area;
    M. Additional sampling locations; and
    N. Additional information required by the District Manager.

30 CFR 75.336--Sampling and Monitoring Requirements

    30 CFR 75.336(a)(2) requires the mine operator to evaluate the 
atmosphere in the sealed area to determine whether sampling through the 
sampling pipes in seals provides appropriate sampling locations of the 
sealed area. The mine operator will make an evaluation for each area 
that has seals. When the results of the evaluations indicate the need 
for additional sampling locations, the mine operator must provide the 
additional locations and have them approved in the ventilation plan.
    30 CFR 75.336(c) requires that when a sample is taken from the 
sealed atmosphere with seals of less than 120 psi and the sample 
indicates that (1) the oxygen concentration is 10 percent or greater 
and (2) methane is between 4.5 percent and 17 percent, the mine 
operator must immediately take an additional sample and then 
immediately notify the District Manager. When the additional sample 
indicates that the oxygen concentration is 10 percent or greater and 
methane is between 4.5 percent and 17 percent, persons must be 
withdrawn from the affected area identified by the operator and 
approved by the District Manager in the ventilation plan.
    30 CFR 75.336(c) also requires that before miners reenter the mine, 
the mine operator must have a ventilation plan revision approved by the 
District Manager specifying the actions to be taken.
    30 CFR 75.336(e) requires a certified person to record each 
sampling result, including the location of the sampling points and the 
oxygen and methane concentrations. Also, any hazardous conditions found 
must be corrected and recorded in accordance with existing 30 CFR 
75.363. The mine operator must retain sampling records at the mine for 
at least one year from the date of the sampling.

30 CFR 75.337--Construction and Repair of Seals

    30 CFR 75.337(c)(1)-(c)(5) requires a certified person to perform 
several tasks during seal construction and repair and to certify that 
the tasks were done in accordance with the approved ventilation plan at 
the completion of their shift. In addition, a mine foreman or 
equivalent mine official must countersign the record by the end of 
their next regularly scheduled working shift. The record must be kept 
at the mine for one year.
    30 CFR 75.337(d) requires a senior mine management official, such 
as a mine manager or superintendent, to certify that the construction, 
installation, and materials used were in accordance with the approved 
ventilation plan. The mine operator must retain the certification for 
as long as the seal is needed to serve the purpose for which it was 
built.
    30 CFR 75.337(e) requires the mine operator to notify MSHA of 
certain activities concerning the construction of seals.
    30 CFR 75.337(e)(1) requires the mine operator to notify the 
District Manager between 2 and 14 days prior to commencement of seal 
construction.
    30 CFR 75.337(e)(2) requires the mine operator to notify the 
District Manager, in writing, within 5 days of completion of a set of 
seals and provide a copy of the certifications required in 30 CFR 
75.337(d).
    30 CFR 75.337(e)(3) requires the mine operator to submit a copy of 
the quality control test results for seal material properties specified 
by 30 CFR 75.335 within 30 days of completion of such tests.
    30 CFR 75.337(f) requires the mine operator to request the District 
Manager to approve a different location in the ventilation plan to 
permit welding, cutting, and soldering within 150 ft. of a seal.
    30 CFR 75.337(g)(3) requires the mine operator to label sampling 
pipes to indicate the location of the sampling point when the mine 
operator installs more than one sampling pipe through a seal.

30 CFR 75.338--Training

    30 CFR 75.338(a) requires mine operators to certify that persons 
conducting sampling were trained in the use of appropriate sampling 
equipment, techniques, the location of sampling points, the frequency 
of sampling, the size and condition of sealed areas, and the use of 
continuous monitoring systems, if applicable, before they conduct 
sampling, and annually thereafter. The mine operator must certify the 
date of training provided to certified persons and retain each 
certification for two years.
    30 CFR 75.338(b) requires mine operators to certify that miners 
constructing or repairing seals, designated certified persons, and 
senior mine management officials were trained prior to constructing or 
repairing a seal and annually thereafter. The mine operator must 
certify the date of training provided each miner, certified person, and 
senior mine management official and retain each certification for two 
years.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Sealing of Abandoned Areas. 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;

[[Page 51861]]

     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 CONTACT 
section of this notice.

III. Current Actions

    This information collection request concerns provisions for Sealing 
of Abandoned Areas. 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: 1219-0142.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 166.
    Frequency: On occasion.
    Number of Annual Responses: 44,626.
    Annual Burden Hours: 4,570 hours.
    Annual Respondent or Recordkeeper Cost: $799,282.
    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. 2023-16668 Filed 8-3-23; 8:45 am]
BILLING CODE 4520-43-P