[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45241-45242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16133]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0142]


Proposed Extension of Information Collection; Sealing of 
Abandoned Areas

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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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 collections of information 
in accordance with the Paperwork Reduction Act of 1995. This program 
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 Sealing of 
Abandoned Areas.

DATES: All comments must be received on or before September 25, 2020.

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 docket number MSHA-
2020-0023. 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 you want to submit a comment with 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.
     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: Roslyn B. Fontaine, 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

    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, 
authorizes the Secretary of Labor 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.
    MSHA's standards for sealing abandoned areas in underground coal 
mines include requirements addressing the design and construction of 
new seals and the examination, maintenance, and repair of all seals.
    Section 75.335(b) sets forth procedures for the approval of seal 
design applications.
    Section 75.335(c) requires the submission and certification of 
information for seal installation.
    Section 75.336(a)(2) requires the mine operator to evaluate the 
atmosphere in the sealed area to determine whether sampling through the 
sampling pipes in seals provides appropriate sampling locations of the 
sealed area. The mine operator will make an evaluation for each area 
that has seals.
    Section 75.336(c) requires that when a sample is taken from the 
sealed atmosphere with seals of less than 120 psi and the sample 
indicates that the oxygen concentration is 10 percent or greater and 
methane is between 4.5 percent and 17 percent, the mine operator must 
immediately take an additional sample and then immediately notify the 
District Manager.
    Section 75.336(e) requires a certified person to record each 
sampling result, including the location of the sampling points and the 
oxygen and methane concentrations. Also, any hazardous conditions found 
must be corrected and recorded in accordance with existing section 
75.363.
    Section 75.337(c)(1)--(c)(5) requires a certified person to perform 
several tasks during seal construction and repair and certify that the 
tasks were done in accordance with the approved ventilation plan. In 
addition, a mine foreman or equivalent mine official must countersign 
the record.
    Section 75.337(d) requires a senior mine management official, such 
as a mine manager or superintendent, to certify that the construction, 
installation, and materials used were in accordance with the approved 
ventilation plan.
    Section 75.337(e) requires the mine operator to notify MSHA of 
certain activities concerning the construction of seals.
    Section 75.337(e)(1) requires the mine operator to notify the 
District Manager between 2 and 14 days prior to commencement of seal 
construction.
    Section 75.337(e)(2) requires the mine operator to notify the 
District Manager, in writing, within 5 days of completion of a set of 
seals and provide a copy of the certifications required in section 
75.337(d).
    Section 75.337(e)(3) requires the mine operator to submit a copy of 
the quality control test results for seal material properties specified 
by section 75.335 within 30 days of completion of such tests.
    Section 75.337(g)(3) requires the mine operator to label sampling 
pipes to indicate the location of the sampling point when the mine 
operator installs more than one sampling pipe through a seal.
    Section 75.338(a) requires mine operators to certify that persons 
conducting sampling were trained in the use of appropriate sampling 
equipment, techniques, the location of sampling points, the frequency 
of sampling, the size and condition of sealed areas, and the use of 
continuous monitoring systems, if applicable, before they conduct 
sampling, and annually thereafter.
    Section 75.338(b) requires mine operators to certify that miners 
constructing or repairing seals, designated certified persons, and 
senior mine management officials were trained prior to constructing or 
repairing a seal and annually thereafter.

[[Page 45242]]

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Sealing of Abandoned Areas. 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 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
     Minimize the burden of the collection of information 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 in 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 from the previous collection of information.

III. Current Actions

    This information collection request concerns provisions for Sealing 
of Abandoned Areas. 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: 1219-0142.
    Affected Public: Business or other for-profit.
    Number of Respondents: 177.
    Frequency: On occasion.
    Number of Responses: 47,194.
    Annual Burden Hours: 4,870 hours.
    Annual Respondent or Recordkeeper Cost: $709,972.
    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.

Roslyn B. Fontaine,
Certifying Officer.
[FR Doc. 2020-16133 Filed 7-24-20; 8:45 am]
BILLING CODE 4510-43-P