Notice2023-05719
Proposed Extension of Information Collection; Safety Defects; Examination, Correction, and Records
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
March 21, 2023
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 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. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Safety Defects; Examination, Correction, and Records.
Full Text
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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17022-17023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05719]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0089]
Proposed Extension of Information Collection; Safety Defects;
Examination, Correction, and Records
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.
Currently, the Mine Safety and Health Administration (MSHA) is
soliciting comments on the information collection for Safety Defects;
Examination, Correction, and Records.
DATES: All comments must be received by the Office of Standards,
Regulations, and Variances on or before May 22, 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.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2022-0073.
<bullet> 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.
<bullet> MSHA will post all comments 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, Director, Office of
Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#f0bda3b8b1de999e969f829d9184999f9ede939f9c9c959384999f9e83b0949f9cde979f86"><span class="__cf_email__" data-cfemail="b4f9e7fcf59adddad2dbc6d9d5c0dddbda9ad7dbd8d8d1d7c0dddbdac7f4d0dbd89ad3dbc2">[email protected]</span></a> (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), 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,
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.
This Information Collection Request concerns recordkeeping
requirements related to: (1) Inspection of compressed-air receivers and
other unfired pressure vessels; (2) Boilers; (3) Safety defects;
examination; correction and records; and (4) Examination of working
places in surface and underground metal and nonmetal mines.
30 CFR 56.13015 (Surface Metal and Nonmetal Mines--Inspection of
compressed-air receivers and other unfired pressure vessels) and
57.13015 (Underground Metal and Nonmetal Mines--Inspection of
compressed-air receivers and other unfired pressure vessels) require
that compressed-air receivers and other unfired pressure vessels must
be inspected by inspectors holding a valid National Board Commission
and in accordance with the applicable chapters of the National Board
Inspection Code, a Manual for Boiler and Pressure Vessels Inspectors,
1979. Safety defects found on compressed-air receivers and other
[[Page 17023]]
unfired pressure vessels have caused injuries and fatalities in the
mining industry.
Records of inspections must be kept in accordance with the
requirements of the National Board Inspection Code and the records must
be made available to the Secretary or an authorized representative.
30 CFR 56.13030 (Surface Metal and Nonmetal Mines--Boilers) and
57.13030 (Underground Metal and Nonmetal Mines--Boilers) require that
fired pressure vessels (boilers) must be equipped with water level
gauges, pressure gauges, automatic pressure-relief valves, blowdown
piping, and other safety devices approved by the American Society of
Mechanical Engineers to protect against hazards from overpressure,
flameouts, fuel interruptions, and low water level.
Records of inspection and repairs must be retained by the mine
operator in accordance with the requirements of the ASME Boiler and
Pressure Vessel Code, 1977, and the National Board Inspection Code
(progressive records--no limit on retention time) and shall be made
available to the Secretary or an authorized representative.
30 CFR 56.14100 (Surface Metal and Nonmetal Mines--Safety defects;
examination, correction and records) and 57.14100 (Underground Metal
and Nonmetal Mines--Safety defects; examination, correction and
records) require that operators must inspect equipment, machinery, and
tools that are to be used during a shift for safety defects before the
equipment is placed in operation. Defects affecting safety are required
to be corrected in a timely manner. In instances where the defect makes
continued operation of the equipment hazardous to persons, the
equipment must be removed from service, tagged to identify that it is
out of use, and repaired before use is resumed.
Safety defects on self-propelled mobile equipment account for many
injuries and fatalities in the mining industry. Inspection of this
equipment prior to use is required to ensure safe operation. The
equipment operator is required to make a visual and operational check
of the various primary operating systems that affect safety, such as
brakes, lights, horn, seatbelts, tires, steering, back-up alarm,
windshield, cab safety glass, rear and side view mirrors, and other
safety and health related items.
Any defects found are required to be either corrected immediately
or reported to and recorded by the mine operator prior to the timely
correction. The precise format in which the record is kept is left to
the discretion of the mine operator. Reports of uncorrected defects are
required to be recorded by the mine operator and kept at the mine
office from the date the defects are recorded until the defects are
corrected.
30 CFR 56.18002 (Surface Metal and Nonmetal Mines--Examination of
working places) and 57.18002 (Underground Metal and Nonmetal Mines--
Examination of working places) require that a competent person
designated by the operator shall examine each working place at least
once each shift before miners begin work in that place for conditions
that may adversely affect safety or health. A record of each
examination must be made before the end of the shift for which the
examination was conducted. The record must contain the name of the
person conducting the examination; the date of the examination;
location of all areas examined; and description of each condition found
that may adversely affect the safety or health of miners. When a
condition that may adversely affect safety or health is corrected, the
examination record shall include, or be supplemented to include, the
date of the corrective action. The operator must maintain the
examination records for at least 1 year, make the records available for
inspection by authorized representatives of the Secretary and the
representatives of miners, and provide these representatives a copy on
request.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection. 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 of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> and <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
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 request for collection of information contains recordkeeping
provisions for 30 CFR 56.13015 (Inspection of compressed-air receivers
and other unfired pressure vessels) and 57.13015 (Inspection of
compressed-air receivers and other unfired pressure vessels), 56.13030
(Boilers), 57.13030 (Boilers), 56.14100 (Safety defects; examination,
correction and records) and 57.14100 (Safety defects; examination,
correction and records) and 56.18002 (Examination of working places)
and 57.18002 (Examination of working places). MSHA has updated the data
with respect to the number of respondents, responses, burden hours, and
burden costs supporting this information collection request.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0089.
Affected Public: Business or other for-profit.
Number of Respondents: 11,279.
Frequency: On occasion.
Number of Responses: 5,487,441.
Annual Burden Hours: 1,236,293 hours.
Annual Respondent or Recordkeeper Cost: $218,190.
Comments submitted in response to this notice will be summarized
and included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2023-05719 Filed 3-20-23; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on March 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.