[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66454-66455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18181]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0103]


Proposed Extension of Information Collection; Notification of 
Methane Detected in Underground Metal and Nonmetal Mine Atmospheres

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 request for comment 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 request 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 entitled Notification 
of Methane Detected in Underground Metal and Nonmetal Mine Atmospheres.

DATES: All comments must be received on or before October 15, 2024.

ADDRESSES: Comments concerning the information collection requirements 
of 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-2024-0016.
     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, 
as amended (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(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.
    In order to fulfil the statutory mandates to protect miners' health 
and safety, MSHA requires the collection of information entitled 
Notification of Methane Detected in Underground Metal and Nonmetal Mine 
Atmospheres. The information collection addressed by this notice is 
intended to ensure that all underground mines, and the surface mills of 
Subcategory I-C mines (gilsonite), protect miners against the hazards 
of methane and dusts containing volatile matter.
    Methane is a flammable gas found in underground mines in the United 
States. Although methane is often associated with underground coal 
mines, it also occurs in some metal and nonmetal (MNM) mines. Under 30 
CFR

[[Page 66455]]

57.22003, underground MNM mines are categorized according to the 
potential to liberate methane. Methane is a colorless, odorless, 
tasteless gas, and it tends to rise to the roof of a mine because it is 
lighter than air. Although methane itself is nontoxic, its presence 
reduces the oxygen content by dilution when mixed with air and, 
consequently, can act as an asphyxiant when present in large 
quantities. Methane may enter the mining environment from a variety of 
sources including fractures, faults, or shear zones overlying or 
underlying the strata that surround the ore body, or from the ore body 
itself. It may occur as an occluded gas within the ore body. Methane 
mixed with air is explosive in the range of 5 to 15 percent, provided 
that 12 percent or more oxygen is present at room temperature. The 
presence of dust containing volatile matter in the mine atmosphere may 
further elevate the explosive potential of methane in a mine. Section 
103(i) of the Mine Act, 30 U.S.C. 813(i), requires additional 
inspections to be conducted at mines depending on the amount of methane 
liberated from a mine.

i. Notifications to MSHA

    Under 30 CFR 57.22004(c), mine operators of underground MNM mines 
must notify MSHA as soon as possible if any of the following events 
occur: (a) there is an outburst that results in 0.25 percent or more 
methane in the mine atmosphere, (b) there is a blowout that results in 
0.25 percent or more methane in the mine atmosphere, (c) there is an 
ignition of methane, or (d) air sample results indicate 0.25 percent or 
more methane in the mine atmosphere of a I-B, I-C, II-B, V-B, or 
Category VI mine.
    Under 30 CFR 57.22231 and 57.22239, mine operators must notify MSHA 
immediately if methane reaches 2.0 percent in a Category IV mine or if 
methane reaches 0.25 percent in the mine atmosphere of a Subcategory I-
B, II-B, V-B, or VI mine as defined in section 57.22003. Under 30 CFR 
57.22231, underground MNM mine operators are required to make changes 
to improve ventilation if methane reaches 0.25 percent in the mine 
atmosphere. Under 30 CFR 57.22239, if methane reaches 2.0 percent in 
the mine atmosphere, mine operators are required to withdraw all 
persons, other than competent persons necessary to make ventilation 
changes, from the mine until methane is reduced to less than 0.5 
percent in a Category IV mine. Although the standards do not specify 
how MSHA is to be notified, MSHA anticipates that the notifications 
would be made by telephone.

ii. Records of Weekly Certification

    Under 30 CFR 57.22229(a) and 57.22230(a), the mine atmosphere must 
be tested for methane and/or carbon dioxide at least once every seven 
days by a competent person or atmospheric monitoring system, or a 
combination of both. Under 30 CFR 57.2229, underground MNM mines 
categorized as I-A, III, and V-A mines are required to test the 
atmosphere for both methane and carbon dioxide. Under 30 CFR 57.22230, 
underground MNM mines categorized as II-A mines are required to test 
the atmosphere for methane. Under 30 CFR 57.22229(d) and 57.22230(c), 
the person performing the tests must certify by signature and date that 
the tests have been conducted. Certifications of examinations shall be 
kept for at least one year and made available to authorized 
representatives of the Secretary.

iii. Informing All Affected Miners

    Under 30 CFR 57.22229(c) and 57.22230(b), mine operators must 
inform affected miners and take corrective actions when examinations 
disclose hazardous conditions.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Notification of Methane Detected in Underground 
Metal and Nonmetal Mine Atmospheres. 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 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.
    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 
Notification of Methane Detected in Underground Metal and Nonmetal Mine 
Atmospheres. MSHA has updated the data with respect to the number of 
respondents, responses, time burden, 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: 1219-0103.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 4.
    Frequency: On occasion.
    Number of Annual Responses: 213.
    Annual Time Burden: 18 hours.
    Annual Other Burden Costs: $0.
    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 be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-18181 Filed 8-14-24; 8:45 am]
BILLING CODE 4510-43-P