Notice2024-22915

Proposed Extension of Information Collection; Refuge Alternatives for Underground Coal Mines

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
October 4, 2024

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 entitled Refuge Alternatives for Underground Coal Mines.

Full Text

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<title>Federal Register, Volume 89 Issue 193 (Friday, October 4, 2024)</title>
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[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80938-80940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22915]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0146]


Proposed Extension of Information Collection; Refuge Alternatives 
for Underground Coal Mines

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 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 entitled Refuge 
Alternatives for Underground Coal Mines.

DATES: All comments must be received on or before December 3, 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.
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2024-0021.
    <bullet> 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.
    <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#a5e8f6ede48bcccbc3cad7c8c4d1cccacb8bc6cac9c9c0c6d1cccacbd6e5c1cac98bc2cad3"><span class="__cf_email__" data-cfemail="cd809e858ce3a4a3aba2bfa0acb9a4a2a3e3aea2a1a1a8aeb9a4a2a3be8da9a2a1e3aaa2bb">[email&#160;protected]</span></a> (email); (202) 693-9440 (voice); 
or (202) 693-9441 (facsimile). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Legal Authority

    Section 103(h) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) as amended, 30 U.S.C. 813(h), authorizes the 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, metal and 
nonmetal mines.

B. Information Collection

    In order to fulfill the statutory mandates to promote miners' 
health and safety, MSHA requires the collection of information under 
the information collection request entitled Refuge Alternatives for 
Underground Coal Mines. The information collection is intended to 
ensure that underground coal mine operators have an up-to-date 
emergency response plan for refuge alternatives in case of an emergency 
and maintain proper records for personnel training certifications and 
examination, maintenance and repair of refuge alternatives.
1. Relocations of Refuge Alternatives
    Refuge alternatives (RAs) are self-contained units within 
underground mines that have an isolated atmosphere and provided 
provisions in some emergency situations. Under 30 CFR

[[Page 80939]]

75.1506, the underground coal mine operator is required to provide RAs 
and their components to protect miners by providing secure spaces with 
isolated atmospheres that create life-sustaining environments when 
escape from a mine during a mine emergency is not possible.
    The location of RAs is vital to the safety of miners. Typically, 
RAs are required in certain locations, such as within 1,000 feet from 
the nearest working face or within one-hour travel in outby areas (75 
CFR 75.1506(c)). However, the mine operator may request approval to 
have the RA at a different location, if needed. Documentation of the 
RA, any documents associated with alternative locations, and approval 
of an Emergency Response Plan (ERP) are all required by MSHA.
    Under 30 CFR 75.1506(c)(2), the mine operator may request and the 
District Manager may approve a different location for the RA in the ERP 
required by 30 CFR 75.1507, based on an assessment of the risk to 
miners in outby areas.
    Under 30 CFR 75.1507(a)(11)(ii), a mine operator may request the 
District Manager's approval to update the existing ERP to locate an RA 
in an alternative location if mining involves two-entry systems or 
yield pillars in a longwall that would prohibit locating the RA out of 
direct line of sight of the working face.
2. Emergency Response Plans (ERP)
    For RAs, the ERP specifies that the breathable air components are 
MSHA-approved, and the unit can withstand exposure to a flash fire of 
300[deg] Fahrenheit for three seconds. The ERP must also specify that 
the RA is stocked with the following: A minimum of 2,000 calories of 
food and 2.25 quarts of potable water per person per day in approved 
containers sufficient to sustain the number of persons reasonably 
expected to use the RA for at least 96 hours, or for 48 hours if 
advance arrangements are made. For RAs that sustain persons for only 48 
hours, the ERP must describe how persons who cannot be rescued within 
48 hours will receive additional supplies to sustain them until 
rescued. The ERP also must specify that the RA is stocked with RA and 
component manuals, materials and tools sufficient to make repairs on 
the unit, and first aid supplies.
    Under 30 CFR 75.1507, underground coal mine operators must develop 
and implement ERPs that provide detailed information about the RAs used 
in the mine. An ERP must include the following information for each RA 
as listed in 30 CFR 75.1507(a): the type of RA used in the mine, 
procedures to maintain the RA and components, the capacity of the RA, 
the duration of breathable air in each RA, the method for providing 
breathable air, sanitation, removing harmful gas, methods for 
monitoring gas, and lighting.
3. Training Certification To Maintain and Repair RAs
    The RAs are vital to miner safety. Any maintenance, examination, or 
repair must be completed by someone who is qualified to do so.
    Under 30 CFR 75.1508(a), the mine operator must certify that 
persons assigned to examine, maintain, and repair RAs and components 
are trained for those tasks. This information collection concerns 
training certification requirements for persons assigned to maintain 
and repair RAs. Under 30 CFR 75.1508(c), training certifications must 
be kept at the mine for one year. (The training certification related 
to the examination of RAs and components is integrated into a currently 
approved information collection under OMB Control Number 1219-0009, 
Training Plans and Records of Training, for Underground Miners and 
Miners Working at Surface Mines and Surface Areas of Underground Mines, 
which governs training for certified persons to conduct preshift 
examinations of the mine under 30 CFR 75.360.)
4. Records of Repair and Corrective Actions
    Any maintenance or repair performed for RAs and their components 
must be documented. Under 30 CFR 75.1508(b), a record must be made 
regarding any maintenance and repair performed and all corrective 
action taken on RAs and components. Under 30 CFR 75.1508(c), repair 
records shall be kept at the mine for one year.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Refuge Alternatives for Underground Coal Mines. 
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="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
    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 Refuge 
Alternatives for Underground Coal Mines. 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: 1219-0146.
    Affected Public: Business or other for-profit.
    Number of Annual Respondents: 21.
    Frequency: On occasion.
    Number of Annual Responses: 27.
    Annual Time Burden: 73 hours.
    Annual Other Burden Costs: $17.
    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

[[Page 80940]]

public record and 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. 2024-22915 Filed 10-3-24; 8:45 am]
 BILLING CODE 4510-43-P


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Indexed from Federal Register on October 4, 2024.

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.