Notice2021-26725
Proposed Extension of Information Collection; Petitions for Modification of Mandatory Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor, 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. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Petitions for Modification of Mandatory Safety Standards.
Full Text
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<title>Federal Register, Volume 86 Issue 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70535-70536]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26725]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0065]
Proposed Extension of Information Collection; Petitions for
Modification of Mandatory Safety Standards
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
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.
Currently, the Mine Safety and Health Administration (MSHA) is
soliciting comments on the information collection for Petitions for
Modification of Mandatory Safety Standards.
DATES: All comments must be received on or before February 8, 2022.
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:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments for MSHA-2021-0033.
Comments submitted electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will be posted to the docket, with no changes.
Because your comment will be made public, you are responsible for
ensuring that your comment does not include any confidential
information that you or a third party may not wish to be posted, such
as your or anyone else's Social Security number or confidential
business information.
<bullet> If your comment includes confidential information that you
do not wish to be made available to the public, submit the comment as a
written/paper submission.
Written/Paper Submissions: Submit written/paper submissions in the
following way:
<bullet> Mail/Hand Delivery: Mail or visit 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.
<bullet> MSHA will post your comment as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Acting Director, Office
of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#1f524c575e31767179706d727e6b767071317c7073737a7c6b7670716c5f7b707331787069"><span class="__cf_email__" data-cfemail="feb3adb6bfd0979098918c939f8a979190d09d9192929b9d8a9791908dbe9a9192d0999188">[email protected]</span></a> (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), 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
or other mines. Under section 101(c) of the Mine Act, 30 U.S.C. 811(c),
the Secretary may modify the application of a mandatory safety standard
to a mine, upon petition by the operator or the representative of
miners, if the Secretary determines (1) that an alternative method of
achieving the result of such standard exists which will at all times
guarantee no less than the same measure of protection afforded the
miners of such mine by such standard, or (2) that the application of
such standard to such mine will result in a diminution of safety to the
miners in such mine.
Under 30 CFR 44.9, operators of mines for which there is no
representative of miners must post a copy of each petition for
modification concerning the mine on the mine bulletin board and
maintain the posting until a ruling on the petition becomes final.
[[Page 70536]]
Under 30 CFR 44.10, detailed guidance for filing a petition for
modification is provided for the operator of the affected mine or any
representative of the miners at that mine. The petition must be in
writing, filed with the Director, Office of Standards, Regulations, and
Variances, and a copy of the petition served by the filing party (the
mine operator or representative of miners) on the other party.
Under 30 CFR 44.11(a), the petition for modification must contain
the petitioner's name and address; the mailing address and mine
identification number of the mine or mines affected; the mandatory
safety standard to which the petition is directed; a concise statement
of the modification requested and whether the petitioner (1) proposes
to establish an alternate method in lieu of the mandatory safety
standard, or (2) alleges that application of the standard will result
in diminution of safety to the miners affected, or (3) requests relief
based on both grounds; a detailed statement of the facts that show the
grounds upon which a modification is claimed or warranted; and, if the
petitioner is a mine operator, the identity of any representative of
miners at the affected mine.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Petitions for Modification of Mandatory Safety
Standards. MSHA is particularly interested in comments that:
<bullet> 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;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden
related to the information collection, including the validity of the
methodology and assumptions used in the estimate;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> Minimize the burden of the information collection 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.
Background documents related to this information collection request
are available at <a href="https://regulations.gov">https://regulations.gov</a> and at DOL-MSHA located at 201
12th Street South, Suite 4E401, Arlington, VA 22202-5452. 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
petitions for modification of mandatory safety standards under part 44
of 30 CFR. 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: 1219-0065.
Affected Public: Business or other for-profit.
Number of Respondents: 56.
Frequency: On occasion.
Number of Responses: 56.
Annual Burden Hours: 2,240 hours.
Annual Respondent or Recordkeeper Cost: $28,545.
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 <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2021-26725 Filed 12-9-21; 8:45 am]
BILLING CODE 4510-43-P
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