[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55726-55728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17621]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0015]


Proposed Extension of Information Collection; Refuse Piles and 
Impoundment Structures

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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[[Page 55727]]

SUMMARY: The Department of Labor (DOL), 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 Refuse Piles and 
Impoundment Structures, Recordkeeping and Reporting Requirements.

DATES: All comments must be received on or before October 16, 2023.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2023-0042.
     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).

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 
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.
    30 CFR 77, subpart C, sets forth standards for surface 
installations to prevent accidents and injuries to coal miners. More 
specifically, this supporting statement will address impoundments (30 
CFR 77.216) and refuse piles (30 CFR 77.215). The failure of these 
structures can have a devastating effect on mine employees, 
communities, and nearby areas. To avoid or minimize such failures, MSHA 
has promulgated standards for the design, construction, and maintenance 
of these structures; for annual certifications; for certification for 
hazardous refuse piles; for the frequency of inspections; and the 
methods of abandonment for impoundments and impounding structures.
    30 CFR 77.217(c) defines impoundments are structures that can 
impound water, sediment, or slurry or any combination of materials. 30 
CFR 77.217(e) defines refuse piles as deposits of coal mine waste 
(other than overburden or spoil) that are excavated during mining 
operations or separated from mined coal and deposited on the surface as 
waste byproducts. 30 CFR 77.217(a) also defines ``abandoned'' as work 
on refuse pile or impounding structure being completed in accordance 
with a plan for abandonment approved by the District Manager.
    30 CFR 77.215-1 through 77.215-4 require refuse piles to be 
constructed, maintained, identified, reported and certified in 
accordance with the requirements described in the rule. Actions to be 
taken in the event of modification or abandonment are likewise 
described in the rule.
    30 CFR 77.216-1 through 77.216-5 require impoundments to be 
constructed, maintained, identified, reported and certified in 
accordance with the requirements described in the rule. Actions to be 
taken in the event of modification or abandonment are likewise 
described in the rule.

A. Construction Plans and Modified Plans

    30 CFR 77.215-2(a) requires the operator to report and acknowledge 
in writing from the District Manager prior to any work associated with 
the construction of a proposed refuse pile.
    30 CFR 77.215-2(b) requires the operator to submit to the District 
Manager a report in triplicate with details of the refuse pile within 
180 days of acknowledgment. Reports required under 30 CFR 77.215-2(b) 
contain, among other things, a topographic map showing the present and 
proposed maximum extent of the refuse pile including an area 500 feet 
around the perimeter, a statement of whether or not the refuse pile is 
burning, a description of measures taken to prevent water from being 
impounded by the refuse pile or contained within, a cross section of 
the length and width of the refuse pile at intervals to show the 
approximate original ground surface, and any other information 
pertaining to the stability of the pile.
    30 CFR 77.216(b) requires plans for the design and construction of 
all new impounding structures to be submitted in triplicate to and be 
approved by the District Manager prior to the beginning of any work 
associated with construction of the impounding structure.
    30 CFR 77.215-3 requires, within 180 days of written notification 
by the District Manager of potential hazard, a certification by a 
registered engineer to be filed indicating construction or modification 
of the refuse pile. The yearly report and certification are required 
until the District Manager notifies the operator that the hazard has 
been eliminated.
    30 CFR 77.216-2 lists the required information for the impoundment 
plan. 30 CFR 77.216-2(b) requires any changes or modifications to be 
approved by the District Manager prior to the modification.

B. Fire Extinguishing Plans

    30 CFR 77.215(j) requires the mine operators to have a plan 
approved by the District Manager, with provisions specifying authorized 
persons, method, and procedure in extinguishing fires in refuse piles.
    30 CFR 77.216(e) requires the mine operator to have a plan approved 
by the District Manager, with provisions specifying authorized persons, 
method, and procedure in extinguishing fires in impounding structures.

C. Abandonment Plans

    30 CFR 77.215-4 requires written notification to the District 
Manager when a refuse pile is to be abandoned. If the refuse pile 
presents a hazard, it must be abandoned following a plan approved by 
the District Manager.
    30 CFR 77.216-5 requires approval from the District Manager prior 
to abandonment of any impoundment based on current, prudent engineering 
practices. An abandonment plan does not preclude future impoundment of

[[Page 55728]]

water if it is approved by the District Manager and contains the 
required certification by a registered professional engineer, a 
certification by the owner, and a permit.

D. Annual Status Report and Certification

    If the District Manager has determined that a refuse pile can 
present a hazard, 30 CFR 77.215-2(c) requires that the following 
information is reported every 12 months: topographic map, whether the 
refuse pile is burning, measures taken to prevent impounded water, the 
scale of the refuse pile, and stability.
    30 CFR 77.216-4 requires that the submission of a report to the 
District Manager every 12 months, including a certification by a 
registered professional engineer. Reports required under 30 CFR 77.216-
4(a) contain, among other things, changes in the geometry of the 
impounding structure for the reporting period; data showing the 
minimum, maximum and present depth of the impoundment; the storage 
capacity of the impounding structure; and the volume of the impounded 
water, sediment, or slurry for the reporting period. The report is not 
required if a registered professional engineer certifies that there 
have been no changes in the impoundment.

E. Permanent Identification Marker Posting

    30 CFR 77.215-1 requires permanent identification markers at least 
six feet high to be used to show the refuse pile identification 
information.
    30 CFR 77.216-1 requires permanent identification markers at least 
six feet high to be used to show the impoundment identification 
information.

F. Weekly Inspections and Instrumentation Monitoring

    30 CFR 77.216-3(a) requires all impoundments to be examined for 
appearances of structural weakness and other hazardous conditions and 
all instruments be monitored at intervals not exceeding seven days. All 
inspections must be performed by a qualified person designated by the 
owner or operator of the impoundment.
    30 CFR 77.216-3(b) requires that, in case of a potentially 
hazardous condition, actions to be taken to eliminate the condition, 
notify the District Manager, notify and prepare to evacuate all coal 
miners if necessary, and direct a qualified person to monitor all 
instruments and examine the structure at least once every eight hours.
    30 CFR 77.216-3(c) requires results of examination and 
instrumentation monitoring to be promptly recorded, available at the 
mine for inspection by a MSHA inspector. 30 CFR 77.216-3(d) requires 
the records include a report of the action taken to abate hazardous 
condition and be promptly signed or countersigned by the mine foreman 
or other designated person.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Refuse Piles and Impoundment Structures. 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.

III. Current Actions

    This information collection request concerns provisions for Refuse 
Piles and Impoundment Structures. 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: 1219-0015.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 907.
    Frequency: On occasion.
    Number of Annual Responses: 22,533.
    Annual Burden Hours: 55,933 hours.
    Annual Respondent or Recordkeeper Cost: $1,55,051.
    Comments submitted in response to this notice will be summarized 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. 2023-17621 Filed 8-15-23; 8:45 am]
BILLING CODE 4510-43-P