Notice2026-05780
Proposed Extension of Information Collection: Application for Waiver of Surface Sanitary Facilities' Requirements (Pertaining to 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
March 25, 2026
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 for all information collections, to provide the 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 titled "Application for Waiver of Surface Sanitary Facilities' Requirements (Pertaining to Coal Mines)."
Full Text
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<title>Federal Register, Volume 91 Issue 57 (Wednesday, March 25, 2026)</title>
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[Federal Register Volume 91, Number 57 (Wednesday, March 25, 2026)]
[Notices]
[Pages 14591-14593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05780]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0024]
Proposed Extension of Information Collection: Application for
Waiver of Surface Sanitary Facilities' Requirements (Pertaining to 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 for all information collections, to
provide the 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
[[Page 14592]]
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 titled
``Application for Waiver of Surface Sanitary Facilities' Requirements
(Pertaining to Coal Mines).''
DATES: All comments must be received on or before May 26, 2026.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that 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 instructions for submitting comments for docket number MSHA-
2026-0067.
<bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Avenue NW, Room C3522,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
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: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#5518061d147b3c3b333a273834213c3a3b7b363a39393036213c3a3b2615313a397b323a23"><span class="__cf_email__" data-cfemail="fcb1afb4bdd295929a938e919d88959392d29f939090999f889593928fbc989390d29b938a">[email 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 and metal
and nonmetal (MNM) mines.
The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.)
governs paperwork burdens imposed on the public by Federal agencies for
using identical questions to collect information from 10 or more
persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as time,
effort, or financial resources expended to generate, maintain, or
provide information to or for a Federal agency. Under 44 U.S.C. 3507,
the PRA also establishes policies and procedures of information
collection for controlling paperwork burdens imposed by Federal
agencies on the public, including evaluating public comments.
B. Information Collection
To fulfill its statutory mandate to promote miners' health and
safety, MSHA requires information collected under the ICR titled
``Application for Waiver of Surface Sanitary Facilities' Requirements
(Pertaining to Coal Mines).'' The information collection is intended to
ensure that before a waiver is granted the conditions at a coal mine
make it impractical for the mine operator to provide the required
sanitary facilities.
Under 30 CFR 71.400, 71.401 and 71.402 as well as 30 CFR 75.1712-1,
30 CFR 75.1712-2 and 30 CFR 75.1712-3, coal mine operators must provide
bathing facilities, clothing change rooms, and sanitary flush toilet
facilities in a location that is convenient for use by miners. If the
operator is unable to meet any or all of the requirements, the operator
may apply for a waiver under 30 CFR 71.403 and 71.404 and, 30 CFR
75.1712-4 and 75.1712-5.
Burden costs associated with this ICR include:
1. Applying for initial waivers or extensions of existing waivers.
1-1. Applying for initial waivers of surface facilities
requirements.
1-2. Applying for extensions of existing waivers at surface coal
mines and surface work areas of underground coal mines.
2. MSHA granting waivers.
3. Posting waivers at surface coal mines and surface work areas of
underground coal mines.
The associated standards that authorize the collection of
information are described below.
1. Applying for Initial Waivers or Extensions of Existing Waivers
1-1. Applying for Initial Waivers of Surface Facilities Requirements
(30 CFR 71.404(a) and 75.1712-5)
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.404(a), applications for waivers of any of the
surface facilities requirements listed under section 71.400 through
71.402 shall be in writing, filed with the appropriate District
Manager, and shall contain the following information:
(a) The name and address of the mine operator;
(b) The name and location of the mine; and
(c) A detailed statement of the grounds upon which the waiver is
requested and the period of time for which it is requested.
Underground Coal Mines
Under 30 CFR 75.1712-5, applications for waivers of the
requirements of sections 75.1712-1 through 75.1712-3 shall be filed
with the District Manager and shall contain the following information:
(a) The name and address of the mine operator;
(b) The name and location of the mine; and
(c) A statement explaining why, in the opinion of the operator, the
installation or maintenance of the facilities is impractical or
unnecessary.
1-2. Applying for Extensions of Existing Waivers at Surface Coal Mines
and Surface Work Areas of Underground Coal Mines (30 CFR 71.403(d))
Under 30 CFR 71.403(d), an extension of the waiver at the end of 1
year may be sought by the operator by filing an application pursuant to
section 71.404 no later than 30 days nor more than 60 days prior to the
expiration date of the waiver.
2. MSHA Granting Waivers (30 CFR 71.403(a) and (b) and 75.1712-4)
Surface Coal Mines and Surface Work Areas of Underground Coal Mines
Under 30 CFR 71.403(a), the District Manager for the district in
which the mine is located, after consultation with the appropriate
Regional Program Director, National Institute for Occupational Safety
and Health, may, upon written application by the operator, and after
consideration of any comments filed within 30 days after receipt of the
application, waive any or all of the requirements for 30 CFR 71.400
through 71.402 for a period not to exceed 1 year if they determine
that:
(a) The operator is providing or making available, under
arrangements with one or more third parties, facilities which are at
least equivalent to those required by the standards; or
(b) It is impractical for the operator to meet the requirement(s)
or provide the facility (facilities) for which the waiver is sought.
[[Page 14593]]
Under 30 CFR 71.403(b), the waiver shall be in writing and shall
set forth the requirement(s) which the operator will not be required to
meet or the facilities which the operator will not be required to
provide and the specific reason or reasons for such waiver.
Underground Coal Mines
Under 30 CFR 75.1712-4, the District Manager for the district in
which the mine is located may, upon written application by the
operator, waive any or all of the requirements of section 75.1712-1
through 75.1712-3 if they determine that the operator of the mine
cannot or need not meet any part or all of such requirements, and, upon
issuance of such waiver, he shall set forth the facilities which will
not be required and the specific reason or reasons for such waiver.
3. Posting Waivers at Surface Coal Mines and Surface Work Areas of
Underground Coal Mines (30 CFR 71.403(c) and 71.404(b))
Under 30 CFR 71.404(b), at the same time an application is sent to
the District Manager a copy showing the addresses of the appropriate
District Manager and Regional Program Director shall be posted by the
operator for at least 30 days on the mine bulletin board required by
section 107(a) of the Act.
Under 30 CFR 71.403(c), upon receipt of any waiver, the operator
shall post a copy of the waiver for at least 30 days on the mine
bulletin board required by section 107(a) of the Act.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection titled ``Application for Waiver of Surface Sanitary
Facilities' Requirements (Pertaining to 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 ICR is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions
commenters 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, 200 Constitution
Avenue NW, Room C3522, Washington, DC 20210. Before visiting MSHA in
person, call 202-693-9440 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 ICR concerns provisions for Application for Waiver of Surface
Sanitary Facilities' Requirements (Pertaining to Coal Mines). MSHA has
updated the data with respect to the number of respondents, responses,
time burden, and burden costs supporting this ICR from the previous
ICR.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0024.
Affected Public: Business or other for-profit entity.
Number of Annual Respondents: 204.
Frequency: On occasion.
Number of Annual Responses: 612.
Annual Time Burden: 86 hours.
Annual Recordkeeping Costs: $1,020.
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 ICR; they will become a matter of public
record and be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Jessica D. Senk,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2026-05780 Filed 3-24-26; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on March 25, 2026.
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.