Notice2023-16668
Proposed Extension of Information Collection; Sealing of Abandoned Areas
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
August 4, 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. The Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Sealing of Abandoned Areas.
Full Text
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<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51859-51861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16668]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0142]
Proposed Extension of Information Collection; Sealing of
Abandoned Areas
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. The
Mine Safety and Health Administration (MSHA) is soliciting comments on
the information collection for Sealing of Abandoned Areas.
DATES: All comments must be received on or before October 3, 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="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2023-0033.
<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#39746a71781750575f564b54584d505657175a5655555c5a4d5056574a795d5655175e564f"><span class="__cf_email__" data-cfemail="cf829c878ee1a6a1a9a0bda2aebba6a0a1e1aca0a3a3aaacbba6a0a1bc8faba0a3e1a8a0b9">[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), Public Law 95-164 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
and metal and nonmetal mines.
Part 75 of title 30 of Code of Federal Regulation includes
requirements of sealing abandoned areas in underground coal mines such
as the design and construction of new seals and the examination,
maintenance, and repair of all seals.
30 CFR 75.335--Seal Strengths, Design Applications, and Installation
30 CFR 75.335(b) sets forth procedures for the approval of seal
design applications that are submitted by seal manufacturers or mine
operators to MSHA's Office of Technical Support, Pittsburgh Safety and
Health Technology Center.
30 CFR 75.355(b)(1)(ii) requires that the seal design applications
to be submitted for MSHA approval must be certified by a professional
engineer to ensure that the design of the seal is in accordance with
current, prudent engineering practices and is applicable to conditions
in an underground coal mine.
30 CFR 75.335(c) requires the submission and certification of
information for seal installation. The mine operator must:
(1) Retain the seal design approval and installation information
for as long as the seal is needed to serve the purpose for which it was
built.
(2) Designate a professional engineer to conduct or have oversight
of seal installation and certify that the provisions in the approved
seal design
[[Page 51860]]
specified in this section have been addressed and are applicable to
conditions at the mine. A copy of the certification must be submitted
to the District Manager with the information listed in (3) and a copy
of the certification must be retained for as long as the seal is needed
to serve the purpose for which it was built.
(3) Provide the following information for approval in the
ventilation plan--
i. The MSHA Technical Support Approval Number;
ii. A summary of the installation procedures;
iii. The mine map of the area to be sealed and proposed seal
locations that include the deepest points of penetration prior to
sealing. The mine map must be certified by a professional engineer or a
professional land surveyor.
iv. Specific mine site information, including--
A. Type of seal;
B. Safety precautions taken prior to seal achieving design
strength;
C. Methods to address site-specific conditions that may affect the
strength and applicability of the seal including set-back distances;
D. Site preparation;
E. Sequence of seal installations;
F. Projected date of completion of each set of seals;
G. Supplemental roof support inby and outby each seal;
H. Water flow estimation and dimensions of the water drainage
system through the seals;
I. Methods to ventilate the outby face of seals once completed;
J. Methods and materials used to maintain each type of seal;
K. Methods to address shafts and boreholes in the sealed area;
L. Assessment of potential for overpressures greater than 120 psi
in sealed area;
M. Additional sampling locations; and
N. Additional information required by the District Manager.
30 CFR 75.336--Sampling and Monitoring Requirements
30 CFR 75.336(a)(2) requires the mine operator to evaluate the
atmosphere in the sealed area to determine whether sampling through the
sampling pipes in seals provides appropriate sampling locations of the
sealed area. The mine operator will make an evaluation for each area
that has seals. When the results of the evaluations indicate the need
for additional sampling locations, the mine operator must provide the
additional locations and have them approved in the ventilation plan.
30 CFR 75.336(c) requires that when a sample is taken from the
sealed atmosphere with seals of less than 120 psi and the sample
indicates that (1) the oxygen concentration is 10 percent or greater
and (2) methane is between 4.5 percent and 17 percent, the mine
operator must immediately take an additional sample and then
immediately notify the District Manager. When the additional sample
indicates that the oxygen concentration is 10 percent or greater and
methane is between 4.5 percent and 17 percent, persons must be
withdrawn from the affected area identified by the operator and
approved by the District Manager in the ventilation plan.
30 CFR 75.336(c) also requires that before miners reenter the mine,
the mine operator must have a ventilation plan revision approved by the
District Manager specifying the actions to be taken.
30 CFR 75.336(e) requires a certified person to record each
sampling result, including the location of the sampling points and the
oxygen and methane concentrations. Also, any hazardous conditions found
must be corrected and recorded in accordance with existing 30 CFR
75.363. The mine operator must retain sampling records at the mine for
at least one year from the date of the sampling.
30 CFR 75.337--Construction and Repair of Seals
30 CFR 75.337(c)(1)-(c)(5) requires a certified person to perform
several tasks during seal construction and repair and to certify that
the tasks were done in accordance with the approved ventilation plan at
the completion of their shift. In addition, a mine foreman or
equivalent mine official must countersign the record by the end of
their next regularly scheduled working shift. The record must be kept
at the mine for one year.
30 CFR 75.337(d) requires a senior mine management official, such
as a mine manager or superintendent, to certify that the construction,
installation, and materials used were in accordance with the approved
ventilation plan. The mine operator must retain the certification for
as long as the seal is needed to serve the purpose for which it was
built.
30 CFR 75.337(e) requires the mine operator to notify MSHA of
certain activities concerning the construction of seals.
30 CFR 75.337(e)(1) requires the mine operator to notify the
District Manager between 2 and 14 days prior to commencement of seal
construction.
30 CFR 75.337(e)(2) requires the mine operator to notify the
District Manager, in writing, within 5 days of completion of a set of
seals and provide a copy of the certifications required in 30 CFR
75.337(d).
30 CFR 75.337(e)(3) requires the mine operator to submit a copy of
the quality control test results for seal material properties specified
by 30 CFR 75.335 within 30 days of completion of such tests.
30 CFR 75.337(f) requires the mine operator to request the District
Manager to approve a different location in the ventilation plan to
permit welding, cutting, and soldering within 150 ft. of a seal.
30 CFR 75.337(g)(3) requires the mine operator to label sampling
pipes to indicate the location of the sampling point when the mine
operator installs more than one sampling pipe through a seal.
30 CFR 75.338--Training
30 CFR 75.338(a) requires mine operators to certify that persons
conducting sampling were trained in the use of appropriate sampling
equipment, techniques, the location of sampling points, the frequency
of sampling, the size and condition of sealed areas, and the use of
continuous monitoring systems, if applicable, before they conduct
sampling, and annually thereafter. The mine operator must certify the
date of training provided to certified persons and retain each
certification for two years.
30 CFR 75.338(b) requires mine operators to certify that miners
constructing or repairing seals, designated certified persons, and
senior mine management officials were trained prior to constructing or
repairing a seal and annually thereafter. The mine operator must
certify the date of training provided each miner, certified person, and
senior mine management official and retain each certification for two
years.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Sealing of Abandoned Areas. 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;
[[Page 51861]]
<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="http://www.regulations.gov">http://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 information collection request concerns provisions for Sealing
of Abandoned Areas. 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: 1219-0142.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 166.
Frequency: On occasion.
Number of Annual Responses: 44,626.
Annual Burden Hours: 4,570 hours.
Annual Respondent or Recordkeeper Cost: $799,282.
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 will be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Song-Ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2023-16668 Filed 8-3-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on August 4, 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.