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###### Department of Labor

###### Mine Safety and Health Administration

          - [OMB Control No. 1219-0044]

# AGENCY:

Mine Safety and Health Administration, Labor.

# ACTION:

Notice of 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/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. 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 (MSHA) is soliciting comments concerning the extension of the information collection for 30 CFR 75.1714-3-Self-rescue devices; inspection, testing, maintenance, repair and recordkeeping, 30 CFR 75.1714-4 Additional self-contained self-rescuers (SCSRs), 30 CFR 75.1714-8 Reporting                               ( print page 79029)                            SCSR inventory and malfunctions; retention of SCSRs.                    

# DATES:

                        All comments must be received by midnight Eastern Standard Time on                        *February 15, 2011.*

# ADDRESSES:

Comments must clearly be identified with the rule title and may be submitted to MSHA by any of the following methods:

                        (1)                         *Electronic mail:*zzMSHA-Comments@dol.gov.                    

                        (2)                         *Facsimile:*                         (202) 693-9441.                    

                        (3)                         *Regular Mail:*                         MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209-3939.                    

                        (4)                         *Hand Delivery or Courier:*                         MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209-3939. Sign in at the receptionist's desk on the 21st floor.                    

# FOR FURTHER INFORMATION CONTACT:

                        Mario Distasio, Chief of the Economic Analysis Division, Office of Standards, Regulations, and Variances, MSHA, at                         *distasio.mario@dol.gov*                         (e-mail), 202-693-9445 (voicemail), 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, authorizes MSHA to collect information necessary to carryout its duty in protecting the safety and health of miners.

Title 30, CFR 75.1714-3 requires that self-rescue devices be inspected for damage after being worn or carried, and be tested regularly at intervals not to exceed 90 days by a qualified person who certifies by date and signature that the tests were conducted. A self-rescue device must be removed from service if its seal is broken, it is damaged so that it will not function properly, or it does not meet testing criteria. A record must be made when a self-rescue device is removed from service and when corrective action is taken as a result of an inspection or test. The records are used as an enforcement tool to assure that the self-rescue devices have been tested and inspected and are maintained in operable condition. In the event of a mine fire, mine explosion, or mine inundation, the use of self-rescuers can be the difference between life and death. Therefore it is essential that these devices be examined regularly and that they are maintained in usable and operative condition.

## II. Desired Focus of Comments

MSHA is particularly interested in comments that:
    - Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    - Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    - 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 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.                

                    A copy of the proposed information collection request can be obtained by contacting the employee listed in the                     **FOR FURTHER INFORMATION CONTACT**                     section of this notice, or viewed on the Internet by selecting “Rules & Regs”, and then selecting “FedReg.Docs”. On the next screen, select “Paperwork Reduction Act Supporting Statement” to view documents supporting the                     **Federal Register**                     notice.                

## III. Current Actions

This request for collection of information contains notification and recordkeeping provisions for the Proposed Information Collection Request Submitted for Public Comment and Recommendations; 30 CFR 75.1714-3-Self-rescue devices; inspection, testing, maintenance, repair and recordkeeping, 30 CFR 75.1714-4 Additional self-contained self-rescuers (SCSRs), 30 CFR 75.1714-8 Reporting SCSR inventory and malfunctions; retention of SCSRs. MSHA does not intend to publish the results from this information collection and is not seeking approval to either display or not display the expiration date for the OMB approval of this information collection.

There are no certification exceptions identified with this information collection and the collection of this information does not employ statistical methods.

*Type of Review:*                     Extension.                

*Agency:*                     Mine Safety and Health Administration.                

*OMB Number:*                     1219-0044.                

*Frequency:*                     On Occasion.                

*Affected Public:*                     Business or other for-profit.                

*Cost to Federal Government:*                     $0.00.                

*Total Burden Respondents:*                     595.                

*Total Number of Responses:*                     754,932.                

*Total Burden Hours:*                     12,664.                

*Total Hour Burden Cost (operating/maintaining):*                     $1,072,641                

Comments submitted in response to this notice will be summarized and/or 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.

Dated: December 13, 2010.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 2010-31687 Filed 12-16-10; 8:45 am]

BILLING CODE 4510-43-P