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Notice2024-24496

Proposed Extension of Information Collection; Petitions for Modification of Mandatory Safety Standards

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Published
October 23, 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 Petitions for Modification of Mandatory Safety Standards.

Full Text

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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84629-84631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24496]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Extension of Information Collection; Petitions for 
Modification of Mandatory Safety Standards

[OMB Control No. 1219-0065]

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 Petitions 
for Modification of Mandatory Safety Standards.

DATES: All comments must be received on or before December 23, 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 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-2024-0028.
    <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.
    <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#abe6f8e3ea85c2c5cdc4d9c6cadfc2c4c585c8c4c7c7cec8dfc2c4c5d8ebcfc4c785ccc4dd"><span class="__cf_email__" data-cfemail="521f011a137c3b3c343d203f33263b3d3c7c313d3e3e3731263b3d3c2112363d3e7c353d24">[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 Petitions for Modification 
of Mandatory Safety Standards. The information collection is intended 
to ensure the merits of the petition for the purpose of deciding 
whether or not to grant it and, if granted, whether there is a need for 
any additional terms or conditions.
    If a mine operator, or a representative of miners at a mine, wishes 
to modify the requirements of an existing MSHA safety standard to 
achieve the purpose of the standard by means different than those 
required by the standard, they may petition the requirement. The 
petitioning party would be responsible for proposing an alternative 
that is proven to be at least as safe for miners as the mandatory 
requirement. MSHA will grant a petition for modification if the agency 
determines that the requested alternative provides miners at least the 
same level of protection as the existing standard. Under 30 CFR part 
44, the procedures and rules of practice are set forth to govern 
petitions for modification of mandatory safety standards filed under 
section 101(c) of the Mine Act.
1. Prepare and File Petition for Modification
    In order to meet the requirements of the petition for modification, 
mine operators, or representative of the miners, must file the petition 
with MSHA and serve a copy of the petition to the other party, either 
the representative of the miners, or the mine operator. The petition 
must include a statement about the modification, proposed alternative, 
or that the requirement diminishes the safety of miners at the site and 
any facts

[[Page 84630]]

substantiating that the petition is warranted.
    Under 30 CFR 44.10, a petition for modification of the application 
of a mandatory safety standard under section 101(c) of the Mine Act may 
be filed only by the mine operator of the affected mine or any 
representative of the miners at such mine. All petitions must be in 
writing and must be filed with the Director, Office of Standards, 
Regulations, and Variances. If the petition is filed by a mine 
operator, a copy of the petition must be served by the mine operator 
upon a representative of miners at the affected mine. If the petition 
is filed by a representative of the miners, a copy of the petition must 
be served by the representative of miners upon the mine operator. 
Service must be accomplished personally or by registered or certified 
mail, return receipt requested.
    Under 30 CFR 44.11(a), a petition for modification must contain:
    (i) The petitioner's name and address;
    (ii) The mailing address and mine identification number of the mine 
or mines affected;
    (iii) The mandatory safety standard to which the petition is 
directed;
    (iv) A concise statement of the modification requested and whether 
the petitioner proposes to establish an alternate method in lieu of the 
mandatory safety standard, or alleges that application of the standard 
will result in diminution of safety to the miners affected, or requests 
relief based on both grounds;
    (v) A detailed statement of the facts that show the grounds upon 
which a modification is claimed or warranted; and,
    (vi) Identification of any representative of the miners at the 
affected mine, if the petitioner is a mine operator.
2. Post Petition for Modification
    It is important for all miners to be aware of potential 
modifications. Under 30 CFR 44.9, a mine operator must, when there is 
no representative of miners, post a copy of each petition for 
modification concerning the mine on the mine bulletin board and must 
maintain the posting until a ruling on the petition becomes final.
3. MSHA Publish Public Notice of Petition for Modification
    Based on who initiated the modification, MSHA will notify all 
applicable parties and publish the modification for public awareness. 
Under 30 CFR 44.12(a), within 15 days from the filing of a petition for 
modification, MSHA will give notice of the petition to each known 
representative of miners or the operator of the affected mine, as 
appropriate, and shall publish notice of the petition in the Federal 
Register.
4. MSHA Publishing Final Action Granting Petition for Modification
    Final decisions on modifications, including any reasoning, are 
published so that all stakeholders are aware of the outcome. Under 30 
CFR 44.5(a), every final action granting a petition for modification 
must be published in the Federal Register. Every such final action 
published must specify the statutory grounds upon which the 
modification is based and a summary of the facts which warranted the 
modification.
5. Post Final Action Granting Petition for Modification
    The final decision must be made available to miners, once 
available. Under 30 CFR 44.5(b), every final action or a summary 
thereof granting a petition for modification must be posted by the 
operator on the mine bulletin board at the affected mine and remain 
posted as long as the modification is effective. If a summary of the 
final action is posted on the mine bulletin board, a copy of the full 
decision must be kept at the affected mine office and made available to 
the miners.
    The process of preparing, submitting, reviewing, and granting 
petitions for a petition for modification is:
    Step 1: A mine operator, a representative of miners, or a third 
party prepares and files a petition for modification to MSHA.
    Step 2: The mine operator or representative of miners serves 
petition for modification to the other party.
    (a) If the petition is filed by a mine operator, a copy of the 
petition must be served by the mine operator upon a representative of 
miners at the affected mine.
    (b) If the petition is filed by a representative of the miners, a 
copy of the petition must be served by the representative of miners 
upon the mine operator.
    Step 3: The mine operator posts a copy of the petition for 
modification on the mine bulletin board.
    Step 4: MSHA conducts an initial review.
    Step 5: MSHA publishes a notice of the petition for modification in 
the Federal Register.
    Step 6: MSHA conducts an investigation.
    Step 7: MSHA reviews the petition for modification.
    Step 8: MSHA takes a final action and determines whether to grant a 
petition for modification. If granted, MSHA publishes a final action in 
the Federal Register.
    Step 9: The mine operator posts final action granting a petition 
for modification at the mine bulletin board.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection entitled 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 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.
    Questions about the information collection requirements may be 
directed to the person listed in the FOR FURTHER INFORMATION section of 
this notice.

III. Current Actions

    This information collection request concerns provisions for 
Petitions for Modification of Mandatory Safety Standards. MSHA has 
updated the data with respect to the number of respondents, responses, 
time burden, and burden costs supporting this

[[Page 84631]]

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 Annual Respondents: 46.
    Frequency: On occasion.
    Number of Annual Responses: 164.
    Annual Time Burden: 1,501 hours.
    Annual Other Burden Costs: $24,830.
    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 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. 2024-24496 Filed 10-22-24; 8:45 am]
BILLING CODE 4510-43-P


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