80072 Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Advisory Council on Employee Welfare 

and Pension Benefit Plans; Notice of 

Charter Renewal 

In accordance with section 512(a)(1) 

of the Employee Retirement Income 

Security Act of 1974 (ERISA) and the 

provisions of the Federal Advisory 

Committee Act and its implementing 

regulations issued by the General 

Services Administration (GSA), the 

charter for the Advisory Council on 

Employee Welfare and Pension Benefit 

Plans is renewed. 

The Advisory Council on Employee 

Welfare and Pension Benefit Plans shall 

advise the Secretary of Labor on 

technical aspects of the provisions of 

ERISA and shall provide reports and/or 

recommendations each year on its 

findings to the Secretary of Labor. The 

Council shall be composed of fifteen 

members appointed by the Secretary. 

Not more than eight members of the 

Council shall be of the same political 

party. Three of the members shall be 

representatives of employee 

organizations (at least one of whom 

shall be a representative of any 

organization members of which are 

participants in a multiemployer plan); 

three of the members shall be 

representatives of employers (at least 

one of whom shall be a representative 

of employers maintaining or 

contributing to multiemployer plans); 

three members shall be representatives 

appointed from the general public (one 

of whom shall be a person representing 

those receiving benefits from a pension 

plan); and there shall be one 

representative each from the fields of 

insurance, corporate trust, actuarial 

counseling, investment counseling, 

investment management, and 

accounting. 

The Advisory Council will report to 

the Secretary of Labor. It will function 

solely as an advisory body and in 

compliance with the provisions of the 

Federal Advisory Committee Act, and 

its charter will be filed under the Act. 

For further information, contact Larry I. 

Good, Executive Secretary, Advisory 

Council on Employee Welfare and 

Pension Benefit Plans, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Washington, DC 20210, telephone 

(202) 693–8668. 

Signed at Washington, DC, this 15th day of 

December 2010. 

Michael L. Davis, 

Deputy Assistant Secretary, Employee 

Benefits Security Administration. 

[FR Doc. 2010–31948 Filed 12–20–10; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

[OMB Control No. 1219–0003] 

Proposed Extension of Existing 

Information Collection; Radiation 

Sampling and Exposure Records 

AGENCY: Mine Safety and Health 

Administration. 

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 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 Radiation 

Sampling and Exposure Records, 30 

CFR 57.5037 and 57.5040. 

DATES: All comments must be received 

by midnight Eastern Standard Time on 

February 22, 2011. 

ADDRESSES: Comments must be 

identified clearly with the rule title and 

may be submitted to MSHA by any of 

the following methods: 

(1) Electronic mail: zzMSHAComments@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 

Under the authority of Section 103 of 

the Federal Mine Safety and Health Act 

of 1977, MSHA is required to— 

* * * issue regulations requiring operators 

to maintain accurate records of employee 

exposures to potentially toxic materials or 

harmful physical agents which are required 

to be monitored or measured under any 

applicable mandatory health or safety 

standard promulgated under this Act. 

Airborne radon and radon daughters 

exist in every uranium mine and can 

exist in several other mining 

commodities. Radon is radioactive gas. 

It diffuses into the underground mine 

atmosphere through the rock and the 

ground water. Radon decays in a series 

of steps into other radioactive elements, 

which are solids, called radon 

daughters. Radon and radon daughters 

are invisible and odorless. Decay of 

radon and its daughters results in 

emissions of alpha energy. Medical 

doctors and scientists have associated 

high radon daughter exposures with 

lung cancer. The health hazard arises 

from breathing air contaminated with 

radon daughters which are in turn 

deposited in the lungs. The lung tissues 

are sensitive to alpha radioactivity. 

Standard 30 CFR 57.5037 establishes 

the procedures to be used by the mine 

operator in sampling mine air for the 

presence and concentrations of radon 

daughters. Operators are required to 

conduct weekly sampling where 

concentrations of radon daughters 

exceed 0.3 working levels (WL). 

Sampling is required bi-weekly where 

uranium mines have readings of 0.1 WL 

to 0.3 WL and every 3 months in nonuranium underground mines where the 

readings are 0.1 WL to 0.3 WL. Mine 

operators are required to make a record 

of the sampling and retain it for 2 years. 

Standard 30 CFR 57.5040 requires 

mine operators to calculate, record, and 

report to MSHA individual exposures to 

radon daughters on MSHA Form 4000– 

9 ‘‘Record of Individual Exposure to 

Radon Daughters’’. The calculations are 

based on the results of the weekly 

sampling required by 30 CFR 57.5037. 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices 80073 

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 notice contains a request for 

public comment on the extension of the 

information collection for existing 

notification, recordkeeping, and 

reporting provisions for radiation 

sampling and exposure records. 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: 1219–0003. 

Frequency: On Occasion. 

Affected Public: Business or other forprofit. 

Cost to Federal Government: $747. 

Total Burden Respondents: 5. 

Total Number of Responses: 255. 

Total Burden Hours: 502 hours. 

Total Hour Burden Cost: $17,018. 

Comments submitted in response to 

this notice will be summarized and 

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 14, 2010. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2010–31815 Filed 12–20–10; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

RIN 1235–ZA00 

Reasonable Break Time for Nursing 

Mothers 

AGENCY: Wage and Hour Division, 

United States Department of Labor. 

ACTION: Request for Information from 

the public. 

SUMMARY: This notice is a request for 

information from the public regarding 

the recent amendment to the Fair Labor 

Standards Act (FLSA) that requires 

employers to provide reasonable break 

time and a place for nursing mothers to 

express breast milk for one year after 

their child’s birth. The Department of 

Labor (‘‘the Department’’) administers 

and enforces the FLSA through its Wage 

and Hour Division. Contained in this 

notice are the Department’s preliminary 

interpretations of the new break time 

amendment to the FLSA. The 

Department seeks information and 

comments for its review on various 

issues addressed in this notice, as it 

considers how best to help employers 

and employees understand the 

requirements of the break time for 

nursing mothers law. 

The break time requirement that is 

now part of the FLSA is set forth in 

Section 4207 of the Patient Protection 

and Affordable Care Act, Public Law 

111–148 (‘‘Affordable Care Act’’). The 

provision requires employers to provide 

‘‘reasonable break time for an employee 

to express breast milk for her nursing 

child for 1 year after the child’s birth 

each time such employee has need to 

express the milk.’’ Employers are also 

required to provide ‘‘a place, other than 

a bathroom, that is shielded from view 

and free from intrusion from coworkers 

and the public, which may be used by 

an employee to express breast milk.’’ See 

29 U.S.C. 207(r). 

The break time requirement became 

effective when the Affordable Care Act 

was signed into law on March 23, 2010. 

To assist employers with complying 

with the new law, the Department has 

issued Wage and Hour Fact Sheet #73: 

‘‘Break Time for Nursing Mothers under 

the FLSA’’ at http://www.dol.gov/whd/ 

regs/compliance/whdfs73.pdf. The 

Department has also posted Frequently 

Asked Questions (FAQs) on its Web site 

that reiterate the information provided 

in the Fact Sheet in a different format. 

Until the Department issues final 

guidance, the Department’s enforcement 

will be based on the statutory language 

and the guidance provided in WHD Fact 

Sheet #73 and the associated FAQs. 

Employers, employees, and other 

stakeholders have requested additional 

guidance from the Department about the 

law’s requirements and the Department 

wants to provide an opportunity for the 

public to submit information and 

comments for its consideration. The 

Department will consider the 

information and comments received in 

response to this Request for Information 

in formulating further guidance for the 

regulated community on complying 

with the new break time requirement. 

Until any such further guidance is 

issued, the RFI provides useful 

information for employers to consider in 

establishing policies for nursing 

employees. 

At this time, the Department does not 

plan to issue regulations implementing 

this provision. Because of the wide 

variety of workplace environments, 

work schedules, and individual factors 

that will impact the number and length 

of breaks required by a nursing mother, 

as well as the manner in which an 

employer complies with break time 

requirement, the Department believes 

that regulations may not be the most 

useful or effective means for providing 

initial guidance to employers and 

employees. If, however, based on its 

experience administering and enforcing 

the break time requirement and the 

comments received in response to this 

Request for Information, the Department 

determines that regulations are 

necessary, it will initiate rulemaking at 

that time. 

This Request for Information contains 

the Department’s preliminary 

interpretations of the law’s 

requirements. The Department’s 

identification of key issues related to the 

law and the development of this 

Request for Information have been 

informed by the Department’s meetings 

and discussions with various 

stakeholders, including employer 

organizations and representatives, 

public health and women’s 

organizations, state agencies that have 

experience administering state laws 

concerning workplace lactation, and 

individuals and businesses that have 

contacted the Department with 

questions about the new law. The 

Department looks forward to continuing 

to receive input and invites the public 

to comment on the break time 

requirement generally and on the 


srobinson on DSKHWCL6B1PROD with NOTICES