Petition for Modification of Application of Existing Mandatory Safety Standards, 17630-17631 [2023-05945]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 17630 Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Notices have practical utility; (2) if the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Mara Blumenthal by telephone at 202– 693–8538, or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: The DavisBacon Act (DBA), requires the payment of minimum prevailing wages determined by the Department of Labor to laborers and mechanics working on federal contracts in excess of $2,000 for the construction, alteration, or repair, including painting and decorating, of public buildings and public works. The DBA delegates to the Secretary of Labor the responsibility to determine the wage rates that are ‘‘prevailing’’ for each classification of covered laborers and mechanics on similar projects ‘‘in the civil subdivision of the State in which the work is to be performed.’’ 40 U.S.C. 3142(b). The Department is responsible for issuing these wage determinations (WDs). The implementing regulations provide that the Administrator of WHD will conduct a continuing program for obtaining and compiling wage rate information for issuing WDs. As a part of this program, the regulation provides that the Administrator will encourage the voluntary submission of wage rate data by contractors, contractors’ associations, labor organizations, public officials, and other interested parties, reflecting wage rates paid to laborers and mechanics on various types of construction in the area. See 29 CFR 1.3(a). Form WD–10 is used by the Department to solicit construction project data from contractor associations, contractors, and unions. The wage data is used to determine locally prevailing wages under the Davis-Bacon and Related Acts. A new pre-survey, WD–10A, requests that general contractors and subcontractors supply a list of their subcontractors to whom WHD may send notification of the survey. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 15, 2022 (87 FR 36152). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection VerDate Sep<11>2014 19:23 Mar 22, 2023 Jkt 259001 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–WHD. Title of Collection: Report of Construction Contractor’s Wage Rates. OMB Control Number: 1235–0015. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 3,641. Total Estimated Number of Responses: 21,939. Total Estimated Annual Time Burden: 7,161 hours. Total Estimated Annual Other Costs Burden: $0. (Authority: 44 U.S.C. 3507(a)(1)(D)) Dated: March 17, 2023. Mara Blumenthal, Senior PRA Analyst. I. Background [FR Doc. 2023–05946 Filed 3–22–23; 8:45 am] BILLING CODE 4510–27–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before April 24, 2023. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0014 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the SUMMARY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 instructions for submitting comments for MSHA–2023–0014. 2. Fax: 202–693–9441. 3. Email: petitioncomments@dol.gov. 4. Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202–5452. Attention: S. Aromie Noe, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are required to check in at the receptionist’s desk in Suite 4E401. Individuals may inspect copies of the petition and comments during normal business hours at the address listed above. 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. FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), Petitionsformodification@ dol.gov (email), or 202–693–9441 (fax). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations (CFR) part 44 govern the application, processing, and disposition of petitions for modification. Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. 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. The application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2023–008–C. Petitioner: American Consolidated Natural Resources, Inc., 46226 National Road, St. Clairsville, Ohio 43950. Mines: Harrison County Mine, MSHA ID No. 46–01318, located in Harrison County, West Virginia; Marion County Mine, MSHA ID No. 46–01433, located E:\FR\FM\23MRN1.SGM 23MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Notices in Marion County, West Virginia; Ohio County Mine, MSHA ID No. 46–01436, located in Marshall County, West Virginia; and Marshall County Mine, MSHA ID No. 46–01437, located in Marshall County, West Virginia. Regulation Affected: 30 CFR 75.500(d), Permissible electric equipment. Modification Request: The petitioner requests a modification of 30 CFR 75.500(d) to permit use of the CleanSpace EX Powered Respirator, a nonpermissible battery powered airpurifying respirator (PAPR), in or inby the last open crosscut. The petitioner states that: (a) The petitioner has approved petitions for modification for 30 CFR 75.507–1(a) and 75.1002(a) to permit the use of the CleanSpace EX in areas where permissible equipment is required. (b) The petitioner previously used 3M Airstream helmet PAPRs to provide miners with respirable dust protection on the longwall faces. (c) 3M discontinued the Airstream helmet, and there are no other MSHAapproved PAPRs. (d) The CleanSpace EX is certified by UL under the ANSI/UL 60079–11 standard to be used in hazardous locations because it meets the intrinsic safety protection level and is acceptable in other jurisdictions for use in mines with the potential for methane accumulation. (e) The CleanSpace EX Power Unit has been determined to be intrinsically safe under IECEx and other countries’ standards. The petitioner proposes the following alternative method: (a) The equipment shall be examined at least weekly by a qualified person in accordance with 30 CFR 75.512–2. Examination results shall be recorded weekly and may be expunged after 1 year. (b) The petitioner shall comply with 30 CFR 75.323. (c) A qualified person under 30 CFR 75.151 shall monitor for methane in the affected area of the mine as is required by the standard. (d) When not in operation, batteries for the PAPR shall be charged on the surface or underground in intake air and not in or inby the last open crosscut. (e) The following battery charging products shall be used: PAF–0066 and PAF–1100. (f) Qualified miners shall receive training regarding safe use of, care for, and inspection of the PAPR, and on the Proposed Decision and Order before using equipment in the relevant part of the mine. A record of the training shall VerDate Sep<11>2014 19:23 Mar 22, 2023 Jkt 259001 be kept and be made available upon request. The petitioner asserts that the alternative method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2023–05945 Filed 3–22–23; 8:45 am] BILLING CODE 4520–43–P 17631 use of time-based email reminders, tracking and reporting progress on the processing of the software release requests so they can effectively manage this process at their respective centers. Software owners/developers can submit the Software Release Requests or view their submitted Software Release Requests that may need their attention. II. Methods of Collection Online. III. Data NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [23–024] Name of Information Collection: NASA Software Release Request System National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. AGENCY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections. DATES: Comments are due by April 24, 2023. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUMMARY: FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Bill Edwards-Bodmer, NASA PRA Clearance Officer, NASA Headquarters, 300 E Street SW, JF0000, Washington, DC 20546, 757–864–3292, or b.edwards-bodmer@nasa.gov. SUPPLEMENTARY INFORMATION: I. Abstract NASA Software Release Request System (SRS) is a workflow tool that allows Agency Software Release Authorities (SRAs) to easily develop and route software release documents, such as the Software Release Request Authorization (SRRA) and Section 508 Compliance Matrix in an automated fashion. SRAs have the added ability to perform parallel routing, including the PO 00000 Frm 00116 Fmt 4703 Sfmt 9990 Title: NASA Software Release Request System. OMB Number: 2700–0175. Type of review: Information Collection renewal. Affected Public: NASA Funded Contractors and Government Employees. Average Expected Annual Number of Activities: On average 94 software packages are released per year. Average number of Respondents per Activity: At least one respondent will complete the form per activity (software release) which will result in approximately 94 respondents. Annual Responses: 94. Frequency of Responses: As needed. Average minutes per Response: 240 minutes. Burden Hours: 504. IV. Request for Comments Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA’s estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. William Edwards-Bodmer, NASA PRA Clearance Officer. [FR Doc. 2023–06014 Filed 3–22–23; 8:45 am] BILLING CODE 7510–13–P E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17630-17631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05945]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before April 24, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0014 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0014.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452.
    Attention: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances. Persons delivering documents are required 
to check in at the receptionist's desk in Suite 4E401. Individuals may 
inspect copies of the petition and comments during normal business 
hours at the address listed above. 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.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (fax). [These 
are not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. 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. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2023-008-C.
    Petitioner: American Consolidated Natural Resources, Inc., 46226 
National Road, St. Clairsville, Ohio 43950.
    Mines: Harrison County Mine, MSHA ID No. 46-01318, located in 
Harrison County, West Virginia; Marion County Mine, MSHA ID No. 46-
01433, located

[[Page 17631]]

in Marion County, West Virginia; Ohio County Mine, MSHA ID No. 46-
01436, located in Marshall County, West Virginia; and Marshall County 
Mine, MSHA ID No. 46-01437, located in Marshall County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d), Permissible electric 
equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to permit use of the CleanSpace EX Powered Respirator, a 
nonpermissible battery powered air-purifying respirator (PAPR), in or 
inby the last open crosscut.
    The petitioner states that:
    (a) The petitioner has approved petitions for modification for 30 
CFR 75.507-1(a) and 75.1002(a) to permit the use of the CleanSpace EX 
in areas where permissible equipment is required.
    (b) The petitioner previously used 3M Airstream helmet PAPRs to 
provide miners with respirable dust protection on the longwall faces.
    (c) 3M discontinued the Airstream helmet, and there are no other 
MSHA-approved PAPRs.
    (d) The CleanSpace EX is certified by UL under the ANSI/UL 60079-11 
standard to be used in hazardous locations because it meets the 
intrinsic safety protection level and is acceptable in other 
jurisdictions for use in mines with the potential for methane 
accumulation.
    (e) The CleanSpace EX Power Unit has been determined to be 
intrinsically safe under IECEx and other countries' standards.
    The petitioner proposes the following alternative method:
    (a) The equipment shall be examined at least weekly by a qualified 
person in accordance with 30 CFR 75.512-2. Examination results shall be 
recorded weekly and may be expunged after 1 year.
    (b) The petitioner shall comply with 30 CFR 75.323.
    (c) A qualified person under 30 CFR 75.151 shall monitor for 
methane in the affected area of the mine as is required by the 
standard.
    (d) When not in operation, batteries for the PAPR shall be charged 
on the surface or underground in intake air and not in or inby the last 
open crosscut.
    (e) The following battery charging products shall be used: PAF-0066 
and PAF-1100.
    (f) Qualified miners shall receive training regarding safe use of, 
care for, and inspection of the PAPR, and on the Proposed Decision and 
Order before using equipment in the relevant part of the mine. A record 
of the training shall be kept and be made available upon request.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-05945 Filed 3-22-23; 8:45 am]
BILLING CODE 4520-43-P

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