Proposed Renewal of Existing Information Collection; Fire Protection (Underground Coal Mines), 58170-58172 [2012-23010]
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tkelley on DSK3SPTVN1PROD with NOTICES
58170
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
thought process * * *.’’ (Tr. 486), the Florida
Standards are unequivocal in their demand
for records documenting the thought process,
‘‘maintained in an accessible manner and
readily available for review.’’ Fla. Admin.
Code Ann. r. 64B8–9.013(3)(f)(9) (‘‘Periodic
reviews.’’) (emphasis supplied). The standard
of care against which Respondent’s conduct
is measured is not his own personal
standard, but is instead a standard generally
accepted and recognized in the medical
community. Robert L. Dougherty, M.D., 76
Fed. Reg. 16,823, 16,832 n.11 (DEA 2011).
Moreover, when repeatedly asked to
identify the location of his treatment plan in
SA Grafenstein’s patient file, Respondent
conceded that both the treatment plan and
the treatment objective for SA Grafenstein
consisted solely of the medications listed in
the patient’s discharge summary.115 (See Tr.
470–72; see also Gov’t Ex. 10 at 1.) A plain
reading of the Florida Standards, however,
reveals that a medication alone cannot
constitute a treatment plan. Instead, the
Florida Standards provide that a treatment
plan should
state objectives that will be used to determine
treatment success, such as pain relief and
improved physical and psychosocial function
and should indicate if any further diagnostic
evaluations or other treatments are
planned* * * . [T]reatment modalities or a
rehabilitation program may be necessary
depending on the etiology of the pain and the
extent to which the pain is associated with
physical and psychosocial impairment.
Fla. Admin. Code Ann. r. 64B8–9.013(3)(b).
At a minimum, Respondent’s treatment plan
for SA Grafenstein lacks: (1) ‘‘objectives that
will be used to determine treatment success’’
and (2) ‘‘indicat[ions of whether] any further
diagnostic evaluations * * * are planned.’’
Id. Respondent’s refusal to acknowledge
these deficiencies is incompatible with a
finding that Respondent has accepted
responsibility for his past misconduct.
In addition, regarding his prescribing of
Xanax to SA Grafenstein without first
inquiring when SA Grafenstein had last taken
that controlled substance, Respondent stated
that ‘‘I don’t agree that by me not doing that
that was [not] preventing the diversion of
controlled substances.’’ (Tr. 481.)
Respondent’s comment indicates that in
similar circumstances involving real patients
exhibiting warning signs of abuse or
diversion, Respondent would likely repeat
the same course of conduct in the future.
Respondent’s evidence fails to overcome the
rebuttable presumption that ‘‘past
performance is the best predictor of future
performance * * *.’’ Medicine Shoppe—
Jonesborough, 73 Fed. Reg. at 387 (citing
ALRA Labs, Inc. v. DEA, 54 F.3d 450, 452
(7th Cir. 1995)).
Respondent’s testimony at hearing
provided additional indications that he
believes the Florida Standards do not
necessarily apply to him and that he might
not comply with them in the future. As noted
above, Respondent failed to discuss the risks
115 Respondent also stated that the treatment plan
‘‘begins with the diagnosis and * * * includes the
medications * * * and that is the initial process of
the treatment plan * * *.’’ (Tr. 469.)
VerDate Mar<15>2010
19:20 Sep 18, 2012
Jkt 226001
and benefits of the controlled substances he
provided to SA Cortes (Tr. 482–83; see Gov’t
Ex. 14 at 8), in violation of Florida
Administrative Code Rule 64B8–9.013(3)(c).
His testimony suggested that he did not
engage in such a discussion during SA
Cortes’s initial visit, but that he might on a
subsequent visit. (See Tr. 483.) When asked
if the Florida Standards contained an
exception for the first visit, Respondent
testified ‘‘[i]t could be a matter of style or
what have you in terms of how you do things
with the initial visits and follow-up visits
and so forth.’’ (Tr. 484.) Yet Respondent later
acknowledged that ‘‘[t]here’s no particular
exemptions here for the first visit.’’ (Tr. 484.)
Respondent barely acknowledges that he
violated the informed consent provision of
the Florida Standards, much less accepts
responsibility for the violation and promises
future compliance.
Similarly, Respondent acknowledged on
cross-examination that he failed to document
a treatment plan in SA Saenz’s patient record
(Tr. 490–91, 492), but also stated: ‘‘I think
you keep on using and harping on treatment
plan in regards to being an issue. An
appropriate treatment care [sic] was
delivered for this acute injury without
question.’’ (Tr. 491.) Respondent’s statement
is not consistent with accepting
responsibility for his violation of Florida
Administrative Code Rule 64B8–9.013(1)(b)
(describing parameters of ‘‘appropriate
documentation’’ to include a treatment plan);
and Rule 64B8–9.013(3)(b) (contemplating a
‘‘written treatment plan’’). To the contrary,
Respondent’s testimony reflects an attempt to
trivialize his noncompliance.
Additional examples of Respondent’s
failure to accept responsibility for past
misconduct exist but further elaboration is
unnecessary. In summary, Respondent’s
testimony reflected an overall lack of
admission of his past misconduct with
respect to his prescribing practices, let alone
acceptance of responsibility. In light of the
foregoing, Respondent’s evidence as a whole
fails to sustain his burden to accept
responsibility for his misconduct and to
demonstrate that he will not engage in future
misconduct. I find that Factor Five weighs in
favor of a finding that Respondent’s
continued registration would be inconsistent
with the public interest.
V. Conclusion and Recommendation
Under Factors Two, Four and Five of 21
U.S.C. § 823(f), I recommend that
Respondent’s DEA COR BC8677746 be
revoked on the grounds that Respondent’s
continued registration would be inconsistent
with the public interest as that term is used
in 21 U.S.C. §§ 824(a)(4) and 823(f).
Dated: September 29, 2011
Timothy D. Wing
Administrative Law Judge
[FR Doc. 2012–23058 Filed 9–18–12; 8:45 am]
BILLING CODE 4410–09–P
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0054]
Proposed Renewal of Existing
Information Collection; Fire Protection
(Underground Coal Mines)
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
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 75.1100–3, 75.1103–
5(a)(2)(ii), 75.1103–8(b) and (c),
75.1103–11, 75.1501(a)(3), and
75.1502(a) and (b). 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 November 19, 2012.
ADDRESSES: Comments concerning the
information collection requirements of
this notice must be clearly identified
with ‘‘OMB 1219–0054’’ and sent to
both the Office of Management and
Budget (OMB) and the Mine Safety and
Health Administration (MSHA).
Comments to MSHA may be sent by any
of the methods listed below.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Facsimile: 202–693–9441, include
‘‘OMB 1219–0054’’ 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.
Comments to OMB may be sent by
mail addressed to the Office of
SUMMARY:
E:\FR\FM\19SEN1.SGM
19SEN1
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, 725 17th
Street NW., Washington, DC 20503,
Attn: Desk Officer for MSHA.
FOR FURTHER INFORMATION CONTACT: Greg
Moxness, Chief, Economic Analysis
Division, Office of Standards,
Regulations, and Variances, MSHA, at
moxness.greg@dol.gov (email); 202–
693–9440 (voice); or 202–693–9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Fire protection standards for
underground coal mines are based on
section 311(a) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act). 30 CFR 75.1100 requires that each
coal mine be provided with suitable
firefighting equipment adapted for the
size and conditions of the mine, and
that the Secretary of Labor shall
establish minimum requirements of the
type, quality, and quantity of such
equipment. 30 CFR 75.1100–3 requires
that chemical fire extinguishers be
examined every 6 months and that the
75.1100–3 .................................................
75.1103–5(a)(2)(ii) ....................................
75.1103–8(b) & (c) ....................................
75.1103–11 ...............................................
75.1501(a)(3) .............................................
75.1502(a) & (b) ........................................
tkelley on DSK3SPTVN1PROD with NOTICES
The Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the proposed
extension of the information collection
related to this safety standard on records
of fire protection in underground coal
mines. 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
19:20 Sep 18, 2012
Jkt 226001
kept for a period of one year. These last
two provisions are added to this
information collection from 1219–0145.
30 CFR 75.1103–11 requires that each
fire hydrant and hose be tested at least
once a year and the records of those
tests be maintained at an appropriate
location.
30 CFR 75.1501(a)(3) requires the
operator to certify that each responsible
person is trained and that the
certification is maintained at the mine
for at least one year.
30 CFR 75.1502 requires each mine
operator to adopt and follow a mine
evacuation and firefighting program of
instruction that addresses all mine
emergencies created as a result of a fire,
an explosion, or a gas or water
inundation. In addition, this section
requires mine operators to submit this
program of instruction, and any
revisions, to MSHA for its approval and
to train miners regarding the use of the
program of instruction, and any
revisions to such program of instruction,
after it is approved by MSHA.
This information collection addresses
the recordkeeping associated with:
Condition and examination of fire fighting equipment.
Automatic fire warning devices; actions and response.
Automatic fire sensor and warning device systems; examination and test requirements.
Tests of fire hydrants and fire hose; record of tests.
Emergency evacuations.
Mine emergency evacuation and firefighting program of instruction.
II. Desired Focus of Comments
VerDate Mar<15>2010
date of the examination be recorded on
a permanent tag attached to the
extinguisher.
30 CFR 75.1103–5(a)(2)(ii) requires
that a map or schematic be updated
within 24 hours of any change in the
locations of automatic fire warning
sensors and the intended air flow
direction at these locations. This map or
schematic would be kept at a manned
surface location where personnel have
an assigned post of duty. This provision
is added to this information collection
from 1219–0145.
30 CFR 75.1103–8(a) requires that a
qualified person examine the automatic
fire sensor and warning device systems
on a weekly basis and conduct a
functional test of the complete system at
least once every seven days. Section
75.1103–8(b) requires that a record of
the weekly automatic fire sensor
functional tests be maintained by the
mine operator and kept for a period of
one year. 30 CFR 75.1103–8(c) requires
that sensors be calibrated in accordance
with the manufacturer’s calibration
instructions at intervals not to exceed 31
days. Records of the sensor calibrations
must be maintained by the operator and
58171
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 https://
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
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
the FOR FURTHER INFORMATION CONTACT
section of this notice.
III. Current Actions
The information obtained from mine
operators is used by MSHA during
inspections to determine compliance
with safety and health standards. MSHA
has updated the data with respect to the
number of respondents and responses,
as well as the total burden hours and
burden costs supporting this
information collection extension
request.
Summary
Type of Review: Extension.
Agency: Mine Safety and Health
Administration.
Title: Fire Protection (Underground
Coal Mines).
OMB Number: 1219–0054.
Affected Public: Business or other forprofit.
Cite/Reference/Form/etc: 30 CFR
75.1100–3, 75.1103–5(a)(2)(ii), 75.1103–
8(b) and (c), 75.1103–11, 75.1501(a)(3),
and 75.1502(a) and (b).
Total Number of Respondents: 549.
Frequency: Various.
Total Number of Responses: 294,618.
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58172
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
Total Burden Hours: 54,809 hours.
Total Annual Cost Burden: $693.
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: September 13, 2012.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2012–23010 Filed 9–18–12; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0082]
Proposed Renewal of Existing
Information Collection; Records of
Preshift and Onshift Inspections of
Slope and Shaft Areas of Slope and
Shaft Sinking Operations at Coal Mines
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
tkelley on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
I. Background
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 77.1901. 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 November 19, 2012.
ADDRESSES: Comments concerning the
information collection requirements of
this notice must be clearly identified
with ‘‘OMB 1219–0082’’ and sent to
both the Office of Management and
Budget (OMB) and the Mine Safety and
Health Administration (MSHA).
Comments to MSHA may be sent by any
of the methods listed below.
SUMMARY:
VerDate Mar<15>2010
19:20 Sep 18, 2012
Jkt 226001
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Facsimile: 202–693–9441, include
‘‘OMB 1219–0082’’ 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.
Comments to OMB may be sent by
mail addressed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, 725 17th
Street NW., Washington, DC 20503,
Attn: Desk Officer for MSHA.
FOR FURTHER INFORMATION CONTACT: Greg
Moxness, Chief, Economic Analysis
Division, Office of Standards,
Regulations, and Variances, MSHA, at
moxness.greg@dol.gov (email); 202–
693–9440 (voice); or 202–693–9441
(facsimile).
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty in protecting the
safety and health of miners. The sinking
of slopes and shafts is a particularly
hazardous operation where conditions
change drastically in short periods of
time. Explosive methane and other
harmful gases can be expected to
infiltrate the work environment at any
time. The working environment is
typically a confined area in close
proximity to moving equipment.
Accordingly, 30 CFR 77.1901 requires
operators to conduct examinations of
slope and shaft areas for hazardous
conditions, including tests for methane
and oxygen deficiency, within 90
minutes before each shift, once during
each shift, and before and after blasting.
The surface area surrounding each slope
and shaft is also required to be
inspected for hazards.
The standard also requires that a
record be kept of the results of the
inspections. The record includes a
description of any hazardous condition
found and the corrective action taken to
abate it. The record is necessary to
ensure that the inspections and tests are
conducted in a timely fashion and that
corrective action is taken when
hazardous conditions are identified,
thereby ensuring a safe working
environment for the slope and shaft
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
sinking employees. The record is
maintained at the mine site for the
duration of the operation.
This information collection addresses
the recordkeeping associated with:
§ 77.1901 Records of preshift and onshift
inspections.
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 records
of preshift and onshift inspections of
slope and shaft areas of slope and shaft
sinking operations at coal mines. 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 https://
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
E:\FR\FM\19SEN1.SGM
19SEN1
Agencies
[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58170-58172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23010]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0054]
Proposed Renewal of Existing Information Collection; Fire
Protection (Underground Coal Mines)
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 75.1100-3, 75.1103-5(a)(2)(ii), 75.1103-8(b) and
(c), 75.1103-11, 75.1501(a)(3), and 75.1502(a) and (b). 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 November 19, 2012.
ADDRESSES: Comments concerning the information collection requirements
of this notice must be clearly identified with ``OMB 1219-0054'' and
sent to both the Office of Management and Budget (OMB) and the Mine
Safety and Health Administration (MSHA). Comments to MSHA may be sent
by any of the methods listed below.
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Facsimile: 202-693-9441, include ``OMB 1219-0054'' 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.
Comments to OMB may be sent by mail addressed to the Office of
[[Page 58171]]
Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, 725 17th Street NW., Washington, DC
20503, Attn: Desk Officer for MSHA.
FOR FURTHER INFORMATION CONTACT: Greg Moxness, Chief, Economic Analysis
Division, Office of Standards, Regulations, and Variances, MSHA, at
moxness.greg@dol.gov (email); 202-693-9440 (voice); or 202-693-9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Fire protection standards for underground coal mines are based on
section 311(a) of the Federal Mine Safety and Health Act of 1977 (Mine
Act). 30 CFR 75.1100 requires that each coal mine be provided with
suitable firefighting equipment adapted for the size and conditions of
the mine, and that the Secretary of Labor shall establish minimum
requirements of the type, quality, and quantity of such equipment. 30
CFR 75.1100-3 requires that chemical fire extinguishers be examined
every 6 months and that the date of the examination be recorded on a
permanent tag attached to the extinguisher.
30 CFR 75.1103-5(a)(2)(ii) requires that a map or schematic be
updated within 24 hours of any change in the locations of automatic
fire warning sensors and the intended air flow direction at these
locations. This map or schematic would be kept at a manned surface
location where personnel have an assigned post of duty. This provision
is added to this information collection from 1219-0145.
30 CFR 75.1103-8(a) requires that a qualified person examine the
automatic fire sensor and warning device systems on a weekly basis and
conduct a functional test of the complete system at least once every
seven days. Section 75.1103-8(b) requires that a record of the weekly
automatic fire sensor functional tests be maintained by the mine
operator and kept for a period of one year. 30 CFR 75.1103-8(c)
requires that sensors be calibrated in accordance with the
manufacturer's calibration instructions at intervals not to exceed 31
days. Records of the sensor calibrations must be maintained by the
operator and kept for a period of one year. These last two provisions
are added to this information collection from 1219-0145.
30 CFR 75.1103-11 requires that each fire hydrant and hose be
tested at least once a year and the records of those tests be
maintained at an appropriate location.
30 CFR 75.1501(a)(3) requires the operator to certify that each
responsible person is trained and that the certification is maintained
at the mine for at least one year.
30 CFR 75.1502 requires each mine operator to adopt and follow a
mine evacuation and firefighting program of instruction that addresses
all mine emergencies created as a result of a fire, an explosion, or a
gas or water inundation. In addition, this section requires mine
operators to submit this program of instruction, and any revisions, to
MSHA for its approval and to train miners regarding the use of the
program of instruction, and any revisions to such program of
instruction, after it is approved by MSHA.
This information collection addresses the recordkeeping associated
with:
75.1100-3......................................... Condition and
examination of fire
fighting equipment.
75.1103-5(a)(2)(ii)............................... Automatic fire
warning devices;
actions and
response.
75.1103-8(b) & (c)................................ Automatic fire
sensor and warning
device systems;
examination and
test requirements.
75.1103-11........................................ Tests of fire
hydrants and fire
hose; record of
tests.
75.1501(a)(3)..................................... Emergency
evacuations.
75.1502(a) & (b).................................. Mine emergency
evacuation and
firefighting
program of
instruction.
------------------------------------------------------------------------
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 records of fire
protection in underground coal mines. 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 https://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 obtained from mine operators is used by MSHA during
inspections to determine compliance with safety and health standards.
MSHA has updated the data with respect to the number of respondents and
responses, as well as the total burden hours and burden costs
supporting this information collection extension request.
Summary
Type of Review: Extension.
Agency: Mine Safety and Health Administration.
Title: Fire Protection (Underground Coal Mines).
OMB Number: 1219-0054.
Affected Public: Business or other for-profit.
Cite/Reference/Form/etc: 30 CFR 75.1100-3, 75.1103-5(a)(2)(ii),
75.1103-8(b) and (c), 75.1103-11, 75.1501(a)(3), and 75.1502(a) and
(b).
Total Number of Respondents: 549.
Frequency: Various.
Total Number of Responses: 294,618.
[[Page 58172]]
Total Burden Hours: 54,809 hours.
Total Annual Cost Burden: $693.
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: September 13, 2012.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2012-23010 Filed 9-18-12; 8:45 am]
BILLING CODE 4510-43-P