Proposed Extension of Information Collection; Petitions for Modification of Mandatory Safety Standards, 70535-70536 [2021-26725]

Download as PDF Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. Dated: December 3, 2021. Crystal Rennie, Senior PRA Analyst. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4510–43–P Nora Hernandez by telephone at 202– 693–8633 or by email at DOL_PRA_ PUBLIC@dol.gov. jspears on DSK121TN23PROD with NOTICES1 DEPARTMENT OF LABOR Title 30 CFR part 45, Independent Contractors, sets forth information requirements and procedures for independent contractors to obtain a MSHA identification number and procedures for service of documents upon independent contractors. The information collections associated with this information collection support the appropriate assessment of fines for violations by independent contractors and the deterrent effect of MSHA enforcement actions on independent contractors. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 16, 2021 (86 FR 32069). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–MSHA. Title of Collection: Independent Contractor Registration and Identification. OMB Control Number: 1219–0040. Affected Public: Private Sector: Businesses or other for-profit institutions. Total Estimated Number of Respondents: 21,602. Total Estimated Number of Responses: 157,314. Total Estimated Annual Time Burden: 17,080 hours. Total Estimated Annual Other Costs Burden: $806. Authority: 44 U.S.C. 3507(a)(1)(D). SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:03 Dec 09, 2021 Jkt 256001 [FR Doc. 2021–26723 Filed 12–9–21; 8:45 am] Mine Safety and Health Administration [OMB Control No. 1219–0065] Proposed Extension of Information Collection; Petitions for Modification of Mandatory Safety Standards 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 request for comment 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 request 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. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Petitions for Modification of Mandatory Safety Standards. DATES: All comments must be received on or before February 8, 2022. ADDRESSES: You may submit comment as follows. Please note that late, untimely filed comments will not be considered. Electronic Submissions: Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2021–0033. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket, with no changes. Because your comment will be made public, you are responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as your or anyone else’s Social Security number or confidential business information. • If your comment includes confidential information that you do not SUMMARY: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 70535 wish to be made available to the public, submit the comment as a written/paper submission. Written/Paper Submissions: Submit written/paper submissions in the following way: • Mail/Hand Delivery: Mail or visit DOL–MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, VA 22202–5452. Before visiting MSHA in person, call 202–693–9455 to make an appointment, in keeping with the Department of Labor’s COVID–19 policy. Special health precautions may be required. • MSHA will post your comment as well as any attachments, except for information submitted and marked as confidential, in the docket at https:// www.regulations.gov. S. Aromie Noe, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at MSHA.information.collections@dol.gov (email); (202) 693–9440 (voice); or (202) 693–9441 (facsimile). SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background 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. 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 or other mines. Under section 101(c) of the Mine Act, 30 U.S.C. 811(c), the Secretary may modify the application of a mandatory safety standard to a mine, upon petition by the operator or the representative of miners, if the Secretary determines (1) that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or (2) that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. Under 30 CFR 44.9, operators of mines for which there is no representative of miners must post a copy of each petition for modification concerning the mine on the mine bulletin board and maintain the posting until a ruling on the petition becomes final. E:\FR\FM\10DEN1.SGM 10DEN1 70536 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 Under 30 CFR 44.10, detailed guidance for filing a petition for modification is provided for the operator of the affected mine or any representative of the miners at that mine. The petition must be in writing, filed with the Director, Office of Standards, Regulations, and Variances, and a copy of the petition served by the filing party (the mine operator or representative of miners) on the other party. Under 30 CFR 44.11(a), the petition for modification must contain the petitioner’s name and address; the mailing address and mine identification number of the mine or mines affected; the mandatory safety standard to which the petition is directed; a concise statement of the modification requested and whether the petitioner (1) proposes to establish an alternate method in lieu of the mandatory safety standard, or (2) alleges that application of the standard will result in diminution of safety to the miners affected, or (3) requests relief based on both grounds; a detailed statement of the facts that show the grounds upon which a modification is claimed or warranted; and, if the petitioner is a mine operator, the identity of any representative of miners at the affected mine. II. Desired Focus of Comments MSHA is soliciting comments concerning the proposed information collection related to 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 MSHA’s estimate of the burden related to the information collection, including the validity of the methodology and assumptions used in the estimate; • Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the information collection 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. Background documents related to this information collection request are available at https://regulations.gov and at DOL–MSHA located at 201 12th Street South, Suite 4E401, Arlington, VA 22202–5452. Questions about the information collection requirements VerDate Sep<11>2014 17:03 Dec 09, 2021 Jkt 256001 may be directed to the person listed in the FOR FURTHER INFORMATION CONTACT: section of this notice. III. Current Actions This information-collection request concerns provisions for petitions for modification of mandatory safety standards under part 44 of 30 CFR. MSHA has updated the data with respect to the number of respondents, responses, burden hours, and burden costs supporting this 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 forprofit. Number of Respondents: 56. Frequency: On occasion. Number of Responses: 56. Annual Burden Hours: 2,240 hours. Annual Respondent or Recordkeeper Cost: $28,545. Comments submitted in response to this notice will be summarized 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 will be available at https:// www.reginfo.gov. Song-ae Aromie Noe, Certifying Officer. [FR Doc. 2021–26725 Filed 12–9–21; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration [OMB Control No. 1219–0082] Proposed Extension of Information Collection; Records of Preshift and Onshift Inspections of Slope and Shaft Areas at 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 request for comment 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 request helps to ensure that: Requested data can be provided in the SUMMARY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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 (MSHA) is soliciting comments on the information collection for Records of Preshift and Onshift Inspections of Slope and Shaft Areas of Slope and Shaft Sinking Operations at Coal Mines (pertains slope and shaft sinking operations at coal mines). DATES: All comments must be received on or before February 8, 2022. ADDRESSES: You may submit comment as follows. Please note that late, untimely filed comments will not be considered. Electronic Submissions: Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2021–0035. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket, with no changes. Because your comment will be made public, you are responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as your or anyone else’s Social Security number or confidential business information. • If your comment includes confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission. Written/Paper Submissions: Submit written/paper submissions in the following way: • Mail/Hand Delivery: Mail or visit DOL–MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, VA 22202–5452. Before visiting MSHA in person, call 202–693–9455 to make an appointment, in keeping with the Department of Labor’s COVID–19 policy. Special health precautions may be required. • MSHA will post your comment as well as any attachments, except for information submitted and marked as confidential, in the docket at https:// www.regulations.gov. S. Aromie Noe, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at MSHA.information.collections@dol.gov FOR FURTHER INFORMATION CONTACT: E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70535-70536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26725]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0065]


Proposed Extension of 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 
request for comment 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 request 
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. 
Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments on the information collection for Petitions for 
Modification of Mandatory Safety Standards.

DATES: All comments must be received on or before February 8, 2022.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments for MSHA-2021-0033. 
Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket, with no changes. 
Because your comment will be made public, you are responsible for 
ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
     If your comment includes confidential information that you 
do not wish to be made available to the public, submit the comment as a 
written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
     Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.
     MSHA will post your comment as well as any attachments, 
except for information submitted and marked as confidential, in the 
docket at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Acting 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

    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. 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 
or other mines. Under section 101(c) of the Mine Act, 30 U.S.C. 811(c), 
the Secretary may modify the application of a mandatory safety standard 
to a mine, upon petition by the operator or the representative of 
miners, if the Secretary determines (1) that an alternative method of 
achieving the result of such standard exists which will at all times 
guarantee no less than the same measure of protection afforded the 
miners of such mine by such standard, or (2) that the application of 
such standard to such mine will result in a diminution of safety to the 
miners in such mine.
    Under 30 CFR 44.9, operators of mines for which there is no 
representative of miners must post a copy of each petition for 
modification concerning the mine on the mine bulletin board and 
maintain the posting until a ruling on the petition becomes final.

[[Page 70536]]

    Under 30 CFR 44.10, detailed guidance for filing a petition for 
modification is provided for the operator of the affected mine or any 
representative of the miners at that mine. The petition must be in 
writing, filed with the Director, Office of Standards, Regulations, and 
Variances, and a copy of the petition served by the filing party (the 
mine operator or representative of miners) on the other party.
    Under 30 CFR 44.11(a), the petition for modification must contain 
the petitioner's name and address; the mailing address and mine 
identification number of the mine or mines affected; the mandatory 
safety standard to which the petition is directed; a concise statement 
of the modification requested and whether the petitioner (1) proposes 
to establish an alternate method in lieu of the mandatory safety 
standard, or (2) alleges that application of the standard will result 
in diminution of safety to the miners affected, or (3) requests relief 
based on both grounds; a detailed statement of the facts that show the 
grounds upon which a modification is claimed or warranted; and, if the 
petitioner is a mine operator, the identity of any representative of 
miners at the affected mine.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to 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 MSHA's estimate of the burden 
related to the information collection, including the validity of the 
methodology and assumptions used in the estimate;
     Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
     Minimize the burden of the information collection 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.
    Background documents related to this information collection request 
are available at https://regulations.gov and at DOL-MSHA located at 201 
12th Street South, Suite 4E401, Arlington, VA 22202-5452. 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

    This information-collection request concerns provisions for 
petitions for modification of mandatory safety standards under part 44 
of 30 CFR. MSHA has updated the data with respect to the number of 
respondents, responses, burden hours, and burden costs supporting this 
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 Respondents: 56.
    Frequency: On occasion.
    Number of Responses: 56.
    Annual Burden Hours: 2,240 hours.
    Annual Respondent or Recordkeeper Cost: $28,545.
    Comments submitted in response to this notice will be summarized 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 will be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2021-26725 Filed 12-9-21; 8:45 am]
BILLING CODE 4510-43-P