[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Pages 46525-46526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19012]



Mine Safety and Health Administration

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

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.


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. Currently, the Mine Safety and Health Administration is 
soliciting comments concerning the extension of the information 
collection for 30 CFR 44.9, 44.10, and 44.11. OMB last approved this 
information collection request on January 8, 2010. The package expires 
on January 31, 2013.

DATES: All comments must be postmarked or received by midnight Eastern 
Time on October 2, 2012.

ADDRESSES: Comments concerning the information collection requirements 
of this notice must be clearly identified with ``OMB 1219-0065'' and 
sent to the Mine Safety and Health Administration (MSHA). Comments 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.
     Facsimile: 202-693-9441, include ``OMB 1219-0065'' in the 
subject line of the message.
     Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, VA 22209-3939. For hand delivery, sign in at the 
receptionist's desk on the 21st floor.

FOR FURTHER INFORMATION CONTACT: Greg Moxness, Chief, Economic Analysis 
Division, Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); 202-693-9440 (voice); or 202-693-9441 


I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 811(c), provides that a mine operator or a 
representative of miners may petition the Secretary of Labor 
(Secretary) to modify the application of a mandatory safety standard. A 
petition for modification may be granted if the Secretary determines 
(1) that an alternative method of achieving the results of the standard 
exists and that it will guarantee, at all times, no less than the same 
measure of protection for the miners affected as that afforded by the 
standard, or (2) that the application of the standard will result in a 
diminution of safety to the miners affected.
    Upon receipt of a petition, MSHA publishes a notice in the Federal 
Register advising interested parties that they may provide comments or 
other relevant information on the proposed modification. Thereafter, 
MSHA conducts an investigation to determine 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. This 
information collection addresses the recordkeeping associated with 30 
CFR 49.9, 44.10, and 44.11.

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 this safety standard on petitions for 
modification of mandatory safety standards. 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.

[[Page 46526]]

    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 ``Rules & Regs'' on the 
right side of the screen by selecting Information Collections Requests, 
Paperwork Reduction Act 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. 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 contained in an approved petition for modification 
is used by MSHA during inspections to determine compliance with the 
relevant safety standard. MSHA has updated the data with respect to the 
number of respondents and responses, as well as the total burden hours 
and total annual cost burden supporting this information collection 
extension request.


    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Petitions for Modification of Mandatory Safety Standards.
    OMB Number: 1219-0065.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc: 30 CFR 44.9, 44.10, and 44.11.
    Total Number of Respondents: 80.
    Frequency: Infrequent.
    Total Number of Responses: 80.
    Total Burden Hours: 2,560 hours.
    Other Cost Burden: $37,514.
    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: July 31, 2012.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2012-19012 Filed 8-2-12; 8:45 am]