[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31598-31599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12398]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Collection; Comment Request; Operations Under Water

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: 60-Day Notice.

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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 and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995. 
This program helps to assure 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.

DATES: All comments must be postmarked or received by midnight Eastern 
Standard Time on July 23, 2013.

ADDRESSES: Comments concerning the information collection requirements 
of this notice may be sent by any of the methods listed below.
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number [MSHA-2013-0009].
     Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, 21st floor, Room 
2350, Arlington, VA 22209-3939.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Deputy Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); 202-693-9440 (voice); or 202-693-
9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Title 30 CFR 75.1716, 75.1716 1 and 75.1716 3 require operators of 
underground coal mines to provide MSHA notification before mining under 
bodies of water and to obtain a permit to mine under a body of water 
if, in the judgment of the Secretary, it is sufficiently large to 
constitute a hazard to miners. The regulation is necessary to prevent 
the inundation of underground coal mines with water that has the 
potential of drowning miners. Section 103(h) of the Mine Act, 30 U.S.C. 
813, authorizes MSHA to collect information necessary to carry out its 
duty in protecting the safety and health of miners.
    The coal mine operator submits an application for the permit to the 
District Manager in whose district the mine is located. Applications 
contain the name and address of the mine; projected mining and ground 
support plans; a mine map showing the location of the river, stream, 
lake or other body of water and its relation to the location of all 
working places; and a profile map showing the type of strata and the 
distance in elevation between the coal bed and the water involved. MSHA 
has provided an exemption from notification and permit application for 
mine operators where the projected mining is under any water reservoir 
constructed by a Federal agency as of December 30, 1969, and where the 
operator is required by such agency to operate in a manner that 
adequately protects the safety of miners. The exemption for such mining 
is addressed by 30 CFR 75.1716 and 75.1717.
    MSHA also encourages a mine operator to provide more information in 
an application. When the operator files an application for a permit, in 
addition to the information required under 30 CFR 75.1716-3, MSHA 
recommends mine operators include a map of the active areas of the mine 
under the body of water showing the following: Bottom of coal 
elevations (minimum 10-ft contour intervals); the limits of the body of 
water and the estimated quantity of water in the pool; the limits of 
the proposed ``safety zone'' within which precautions will be taken; 
overburden thickness (depth of cover) contours; corehole locations; and 
known faults, lineaments, and other geologic features.
    If the body of water is contained within an overlying mine, then 
MSHA recommends a map of the overlying mine showing bottom of coal 
elevations (minimum 10-ft contour intervals), when available; corehole 
locations; the limits of the body of water with the estimated quantity 
of water in the pool; and, interburden to active mine below be 
provided. Operators are also encouraged to submit other information 
such as the methods used to estimate the quantity of water in the pool; 
borehole logs, including geotechnical information (RQD, fracture logs, 
etc.) if available; rock mechanics data on the overburden, interburden, 
mine roof, and mine floor, if available; mining height of the seam 
being mined; pillar and floor stability analyses for the active mine;

[[Page 31599]]

whether second mining is planned; whether mining will be conducted 
down-dip or up-dip; where water will flow to in the active mine if 
encountered; pumping capabilities for dewatering; a comprehensive 
evacuation plan for the miners, and a statement of what in-mine 
conditions would trigger the implementation of the evacuation plan; and 
training that will be provided to the miners regarding the potential 
hazards.

II. Desired Focus of Comments

    The Mine Safety and Health Administration (MSHA) is soliciting 
comments concerning the proposed extension of the information 
collection related to Operations Under Water. MSHA is particularly 
interested in comments that:
     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;
     Evaluate the accuracy of the MSHA's estimate of the burden 
of the collection of information, including the validity of the 
methodology and assumptions used;
     Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
     Address the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology (e.g., permitting electronic submissions of 
responses), to minimize the burden of the collection of information on 
those who are to respond.
    The public may examine publicly available documents, including the 
public comment version of the supporting statement, at MSHA, Office of 
Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 
2350, Arlington, VA 22209-3939. OMB clearance requests are available on 
MSHA's Web site at http://www.msha.gov under ``Federal Register 
Documents'' on the right side of the screen by selecting ``New and 
Existing Information Collections and Supporting Statements''. The 
document will be available on MSHA's Web site for 60 days after the 
publication date of this notice. Comments submitted in writing or in 
electronic form will be made available for public inspection on 
regulations.gov. Because comments will not be edited to remove any 
identifying or contact information, MSHA cautions the commenter against 
including any information in the submission that should not be publicly 
disclosed. 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

    The information obtained from applicants will be used to determine 
compliance with safety and health standards. MSHA has updated the data 
in respect to the number of respondents and responses, as well as the 
total burden hours and burden costs supporting this information 
collection request.
    MSHA does not intend to publish the results from this information 
collection and is not seeking approval to either display or not display 
the expiration date for the OMB approval of this information 
collection.
    There are no certification exceptions identified with this 
information collection and the collection of this information does not 
employ statistical methods.

Summary

    Type of Review: Extension without change of a currently approved 
collection.
    Agency: Mine Safety and Health Administration.
    Title: Operations Under Water.
    OMB Number: 1219-0020.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc: 30 CFR 75.1716-3 and 75.1716-1.
    Total Number of Respondents: 70.
    Frequency: Various.
    Total Number of Responses: 70.
    Total Burden Hours: 385 hours.
    Total Annual Respondent or Recordkeeper Cost Burden: $1,060.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Authority:  44 U.S.C. 3506(c)(2)(A).

    Dated: May 20, 2013.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2013-12398 Filed 5-23-13; 8:45 am]
BILLING CODE 4510-43-P