Notice2023-17621
Proposed Extension of Information Collection; Refuse Piles and Impoundment Structures
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 16, 2023
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
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 Refuse Piles and Impoundment Structures, Recordkeeping and Reporting Requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 157 (Wednesday, August 16, 2023)</title>
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[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55726-55728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17621]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0015]
Proposed Extension of Information Collection; Refuse Piles and
Impoundment Structures
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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[[Page 55727]]
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 Refuse Piles and
Impoundment Structures, Recordkeeping and Reporting Requirements.
DATES: All comments must be received on or before October 16, 2023.
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 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-2023-0042.
<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#fab7a9b2bbd493949c9588979b8e939594d4999596969f998e93959489ba9e9596d49d958c"><span class="__cf_email__" data-cfemail="f4b9a7bcb5da9d9a929b869995809d9b9ada979b98989197809d9b9a87b4909b98da939b82">[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) Public Law 95-164 as amended, 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 and metal and nonmetal mines.
30 CFR 77, subpart C, sets forth standards for surface
installations to prevent accidents and injuries to coal miners. More
specifically, this supporting statement will address impoundments (30
CFR 77.216) and refuse piles (30 CFR 77.215). The failure of these
structures can have a devastating effect on mine employees,
communities, and nearby areas. To avoid or minimize such failures, MSHA
has promulgated standards for the design, construction, and maintenance
of these structures; for annual certifications; for certification for
hazardous refuse piles; for the frequency of inspections; and the
methods of abandonment for impoundments and impounding structures.
30 CFR 77.217(c) defines impoundments are structures that can
impound water, sediment, or slurry or any combination of materials. 30
CFR 77.217(e) defines refuse piles as deposits of coal mine waste
(other than overburden or spoil) that are excavated during mining
operations or separated from mined coal and deposited on the surface as
waste byproducts. 30 CFR 77.217(a) also defines ``abandoned'' as work
on refuse pile or impounding structure being completed in accordance
with a plan for abandonment approved by the District Manager.
30 CFR 77.215-1 through 77.215-4 require refuse piles to be
constructed, maintained, identified, reported and certified in
accordance with the requirements described in the rule. Actions to be
taken in the event of modification or abandonment are likewise
described in the rule.
30 CFR 77.216-1 through 77.216-5 require impoundments to be
constructed, maintained, identified, reported and certified in
accordance with the requirements described in the rule. Actions to be
taken in the event of modification or abandonment are likewise
described in the rule.
A. Construction Plans and Modified Plans
30 CFR 77.215-2(a) requires the operator to report and acknowledge
in writing from the District Manager prior to any work associated with
the construction of a proposed refuse pile.
30 CFR 77.215-2(b) requires the operator to submit to the District
Manager a report in triplicate with details of the refuse pile within
180 days of acknowledgment. Reports required under 30 CFR 77.215-2(b)
contain, among other things, a topographic map showing the present and
proposed maximum extent of the refuse pile including an area 500 feet
around the perimeter, a statement of whether or not the refuse pile is
burning, a description of measures taken to prevent water from being
impounded by the refuse pile or contained within, a cross section of
the length and width of the refuse pile at intervals to show the
approximate original ground surface, and any other information
pertaining to the stability of the pile.
30 CFR 77.216(b) requires plans for the design and construction of
all new impounding structures to be submitted in triplicate to and be
approved by the District Manager prior to the beginning of any work
associated with construction of the impounding structure.
30 CFR 77.215-3 requires, within 180 days of written notification
by the District Manager of potential hazard, a certification by a
registered engineer to be filed indicating construction or modification
of the refuse pile. The yearly report and certification are required
until the District Manager notifies the operator that the hazard has
been eliminated.
30 CFR 77.216-2 lists the required information for the impoundment
plan. 30 CFR 77.216-2(b) requires any changes or modifications to be
approved by the District Manager prior to the modification.
B. Fire Extinguishing Plans
30 CFR 77.215(j) requires the mine operators to have a plan
approved by the District Manager, with provisions specifying authorized
persons, method, and procedure in extinguishing fires in refuse piles.
30 CFR 77.216(e) requires the mine operator to have a plan approved
by the District Manager, with provisions specifying authorized persons,
method, and procedure in extinguishing fires in impounding structures.
C. Abandonment Plans
30 CFR 77.215-4 requires written notification to the District
Manager when a refuse pile is to be abandoned. If the refuse pile
presents a hazard, it must be abandoned following a plan approved by
the District Manager.
30 CFR 77.216-5 requires approval from the District Manager prior
to abandonment of any impoundment based on current, prudent engineering
practices. An abandonment plan does not preclude future impoundment of
[[Page 55728]]
water if it is approved by the District Manager and contains the
required certification by a registered professional engineer, a
certification by the owner, and a permit.
D. Annual Status Report and Certification
If the District Manager has determined that a refuse pile can
present a hazard, 30 CFR 77.215-2(c) requires that the following
information is reported every 12 months: topographic map, whether the
refuse pile is burning, measures taken to prevent impounded water, the
scale of the refuse pile, and stability.
30 CFR 77.216-4 requires that the submission of a report to the
District Manager every 12 months, including a certification by a
registered professional engineer. Reports required under 30 CFR 77.216-
4(a) contain, among other things, changes in the geometry of the
impounding structure for the reporting period; data showing the
minimum, maximum and present depth of the impoundment; the storage
capacity of the impounding structure; and the volume of the impounded
water, sediment, or slurry for the reporting period. The report is not
required if a registered professional engineer certifies that there
have been no changes in the impoundment.
E. Permanent Identification Marker Posting
30 CFR 77.215-1 requires permanent identification markers at least
six feet high to be used to show the refuse pile identification
information.
30 CFR 77.216-1 requires permanent identification markers at least
six feet high to be used to show the impoundment identification
information.
F. Weekly Inspections and Instrumentation Monitoring
30 CFR 77.216-3(a) requires all impoundments to be examined for
appearances of structural weakness and other hazardous conditions and
all instruments be monitored at intervals not exceeding seven days. All
inspections must be performed by a qualified person designated by the
owner or operator of the impoundment.
30 CFR 77.216-3(b) requires that, in case of a potentially
hazardous condition, actions to be taken to eliminate the condition,
notify the District Manager, notify and prepare to evacuate all coal
miners if necessary, and direct a qualified person to monitor all
instruments and examine the structure at least once every eight hours.
30 CFR 77.216-3(c) requires results of examination and
instrumentation monitoring to be promptly recorded, available at the
mine for inspection by a MSHA inspector. 30 CFR 77.216-3(d) requires
the records include a report of the action taken to abate hazardous
condition and be promptly signed or countersigned by the mine foreman
or other designated person.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Refuse Piles and Impoundment Structures. 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="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 Street 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.
III. Current Actions
This information collection request concerns provisions for Refuse
Piles and Impoundment Structures. 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: 1219-0015.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 907.
Frequency: On occasion.
Number of Annual Responses: 22,533.
Annual Burden Hours: 55,933 hours.
Annual Respondent or Recordkeeper Cost: $1,55,051.
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, Mine Safety and Health Administration.
[FR Doc. 2023-17621 Filed 8-15-23; 8:45 am]
BILLING CODE 4510-43-P
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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.