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###### Department of Labor

###### Office of the Secretary

# ACTION:

Notice.

# SUMMARY:

The Department of Labor (DOL) hereby announces the submission of the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, “Diesel Particulate Matter Exposure of Underground Coal Miners,” to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

# DATES:

Submit comments on or before January 19, 2011.

# ADDRESSES:

                        A copy of this ICR, with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site,                         *http://www.reginfo.gov/​public/​do/​PRAMain*                         or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an e-mail to                         *DOL_PRA_PUBLIC@dol.gov.*

                        Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Mine Safety and Health Administration (MSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-4816/Fax: 202-395-6881 (these are not toll-free numbers), e-mail:                         *OIRA_submission@omb.eop.gov.*

# FOR FURTHER INFORMATION CONTACT:

                         Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by e-mail at                         *DOL_PRA_PUBLIC@dol.gov.*

# SUPPLEMENTARY INFORMATION:

Federal Mine Safety and Health Act of 1977 (Mine Act) section 101(a) provides that the Secretary of Labor shall 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. In addition, Mine Act section 103(h) mandates that mine operators keep any records and make any reports that are reasonably necessary for the MSHA to perform its duties under the Mine Act. The MSHA established standards and regulations for diesel-powered equipment in underground coal mines that provide additional important protection for coal miners who work on and around diesel-powered equipment. The standards were designed to reduce the risks to underground coal miners of serious health hazards that are associated with exposure to high concentrations of diesel particulate matter. The standards contain information collection requirements for underground coal mine operators in 30 CFR 72.503 (d), 72.510, 72.520, and 75.1915. As a result of 39 CFR 72.500, manufacturers of diesel equipment are affected under 30 CFR parts 7 or 36.

                    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 it is currently approved by the OMB under the PRA 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 if the collection of information does not display a currently valid OMB control number.                     *See*5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under OMB Control Number 1219-0124. The current OMB approval is scheduled to expire on December 31, 2010; however, it should be noted that information collections submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the                     **Federal Register**                     on September 16, 2010, (75 FR 56560).                          ( print page 79418)    

                    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the                     **ADDRESSES**                     section within 30 days of publication of this notice in the                     **Federal Register**                    . In order to ensure the appropriate consideration, comments should reference OMB Control Number 1219-0124. The OMB 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 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.

*Agency:*                     Mine Safety and Health Administration (MSHA).                

*Title of Collection:*                     Diesel Particulate Matter Exposure of Underground Coal Miners.                 

*OMB Control Number:*                     1219-0124.                

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

*Total Estimated Number of Respondents:*                     165.                

*Total Estimated Number of Responses:*                     42,331.                

*Total Estimated Annual Burden Hours:*                     740.                

*Total Estimated Annual Costs Burden:*                     $6425.                

Dated: December 15, 2010.

Michel Smyth,

Departmental Clearance Officer.

[FR Doc. 2010-31845 Filed 12-17-10; 8:45 am]

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