[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25281-25283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07564]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0066]


Proposed Extension of Information Collection; Testing, 
Evaluation, and Approval of Mining Products

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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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 Testing, 
Evaluation, and Approval of Mining Products, 30 CFR subchapter B--parts 
6 through 36.

DATES: All comments must be received on or before June 10, 2024.

ADDRESSES: Comments concerning the information collection requirements 
of

[[Page 25282]]

this notice may be sent by any of the methods listed below. Please note 
that late comments received after the deadline will not be considered.
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2024-0002.
     Mail/Hand Delivery: DOL-MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, 4th Floor West, 
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) 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, metal and 
nonmetal mines.
    MSHA is responsible for the inspection, testing, approval and 
certification, and quality control of mining equipment and components, 
materials, instruments, and explosives used in both underground and 
surface coal, metal, and nonmetal mines. 30 CFR 6 through 36 contain 
procedures and specifications by which manufacturers may apply for and 
have equipment approved as ``permissible'' for use in mines.
    Under 30 CFR 14.4, 15.4, 18.6, 18.81, 18.82, 18.93, 18.94, 19.3, 
19.10, 20.3, 20.11, 22.4, 22.8, 23.3, 23.10, 27.4, 27.6, 28.10, 33.6, 
35.6, and 36.6, applicants seeking product approval must submit an 
application that includes all the specifications, drawings, and other 
information needed for the approval. This information is necessary for 
MSHA to evaluate, test, and possibly approve products that do not cause 
a fire or explosion risk in a mine. Some products have separate 
requirements for applications for extensions of approvals to cover 
proposed changes: 30 CFR 18.15, 19.13, 20.14, 22.11, 23.14, 27.11, 
28.25, 33.12, 35.12, and 36.12. For extensions of approvals, the 
applicant is not required to resubmit documentation that is duplicative 
or was previously submitted for the approval. Only information related 
to changes in the previously approved product is required, avoiding 
unnecessary paperwork.
    Under 30 CFR 7.3, the general procedures and requirements provides 
what an applicant must meet for MSHA approval of a product. The 
application procedures apply to the original application, an 
application for similar products, and an extension of approval. The 
technical documents required for different products is specified in 30 
CFR 7.23, 7.43, 7.63, 7.83, 7.97, 7.303, 7.403, and 7.503.
    Under 30 CFR 15.8(b), the approval holder must report any knowledge 
of explosives distributed that do not meet the specifications of the 
approval. Under 30 CFR 28.10(d), 28.30, and 28.31, MSHA requires the 
applicant to submit a quality control plan for approval to ensure that 
each fuse is manufactured to have the short-circuit protection as 
required by the approval.
    Under 30 CFR 18.53(h), an applicant must submit an ``available 
fault current'' study to MSHA to justify circuit breaker settings to 
provide protection for the size and length of the longwall motor, 
shearer, and trailing cables used.
    For certain products which are dependent on proper use and 
maintenance, MSHA requires the manufacturers to provide additional 
information on the approval marking or instructions to be included with 
the product. Under 30 CFR 23.7(e), 23.12(a)(2), 28.23, and 35.10, MSHA 
requires this additional information for the proper use of telephone 
and signaling systems, fuses, and hydraulic fluids.
    Under 30 CFR 7.4, 7.27(a)(8), 7.28(a)(7), 7.46(a)(3), 7.47(a)(6), 
7.48(a)(3), 7.407(a)(11) and (a)(12), and 7.408(a)(7) and (a)(8), 
records of test results and procedures must be retained for 3 years. 
Under 30 CFR 7.6, applicants must maintain records on the distribution 
of each unit with an approval marking. This is necessary so that 
deficient products which may present a hazard to miners can be traced 
and withdrawn from use until the appropriate corrective action may be 
taken. Under 30 CFR 7.7(d), applicants must report to MSHA any 
knowledge of a product distributed that is not in accord with the 
approval.
    Under 30 CFR 7.51, 7.71, 7.108, and 7.311, the applicant must 
include an approval checklist with each product sold. These checklists 
are important because they include a description of what is necessary 
for users to maintain products in approved condition.
    Under 30 CFR 7.49, 7.69(c), (e), and (f), 7.90, 7.105, 7.306(d), 
7.309, and 7.409, additional information for the proper use and 
maintenance must be provided. Certain products require more information 
for proper use and maintenance; therefore, MSHA requires the 
manufacturers to provide additional information on the approval marking 
or instructions to be included with the product.
    Under 30 CFR 75.1732(a), mine operators must equip continuous 
mining machines with proximity detection systems and provide miners 
with miner-wearable components. Proximity detection systems must be 
approved by MSHA under 30 CFR 18.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Testing, Evaluation, and Approval of Mining 
Products, 30 CFR subchapter B--parts 6 through 36. 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

[[Page 25283]]

available on https://www.regulations.gov and https://www.reginfo.gov.
    The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street 
South, 4th Floor West, Arlington, VA 22202-5452. Sign in at the 
receptionist's desk on the 4th floor via the West 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 
Testing, Evaluation, and Approval of Mining Products, 30 CFR subchapter 
B--parts 6 through 36. MSHA has updated the data with respect to the 
number of respondents, responses, burden hours, and burden costs 
supporting this information collection request (including MSHA Form 
2000-38) 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: 1219-0066.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 83.
    Frequency: On occasion.
    Number of Annual Responses: 248.
    Annual Time Burden: 2,539 hours.
    Annual Burden Costs: $211,633.
    Annual Other Burden Cost: $2,184,442.
    MSHA Form: MSHA Form 2000-38, Electrically Operated Mining 
Equipment U.S. Department of Labor Field Approval Application (Coal 
Operator).
    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,
Mine Safety and Health Administration, Certifying Officer.
[FR Doc. 2024-07564 Filed 4-9-24; 8:45 am]
BILLING CODE 4510-43-P