61618 Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 

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: Housing 

Occupancy Certificate—Migrant and 

Seasonal Agricultural Worker Protection 

Act. 

OMB Control Number: 1235–0006. 

Affected Public: Farms. 

Total Estimated Number of 

Respondents: 10. 

Total Estimated Number of 

Responses: 10. 

Total Estimated Annual Time Burden: 

1.0 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

(Authority: 44 U.S.C. 3507(a)(1)(D)) 

Michelle Neary, 

Senior Paperwork Reduction Act Analyst. 

[FR Doc. 2023–19225 Filed 9–6–23; 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 

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 October 10, 2023. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2023– 

0037 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2023–0037. 

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. 

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–2023–018–C. 

Petitioner: The Coteau Properties 

Company, 204 County Road 15, Beulah, 

North Dakota 58523. 

Mine: Freedom Mine, MSHA ID No. 

32–00595, located in Mercer County, 

North Dakota. 

Regulation Affected: 30 CFR 

77.1607(u) (Loading and haulage 

equipment; operation). 

Modification Request: The petitioner 

requests a modification of 30 CFR 

77.1607(u) to permit the use of an 

engine driven hydraulic power pack, 

Kubota Model D1105, to tow disabled 

haulage trucks in lieu of a solid tow bar 

and safety chain. 

The petitioner states that: 

(a) The petitioner has a previously 

granted petition for modification, docket 

number M–2018–013–C, to use a 

Lambordini Model 9LD 625–2 engine 

driven hydraulic power pack to tow 

disabled haulage trucks. 

(b) The petitioner is now requesting to 

use a Kubota Model D1105, serial 

number 1GZ1802, engine driven 

hydraulic power pack due to 

mechanical issues with the Lambordini 

Model 9 LD 625–2 engine driven 

hydraulic power pack. The Kubota 

Model D1105, serial number 1GZ1802, 

engine driven hydraulic power pack 

will be used under the same terms and 

conditions listed in the previously 

granted petition. 

The petitioner proposes the following 

alternative method: 

(a) The proposed towing system shall 

only apply to vehicles with a ‘‘fail safe’’ 

braking system and emergency steering 

capabilities. 

(b) The tow ropes used to tow a 

disabled vehicle shall be a minimum of 

35⁄8′′ Dyneema material, at least 50 feet 

in length, with an average breaking 

strength of 1,459,000 lbs., and 

maintained in good condition. Tow 

ropes shall be attached to both vehicles 

with tow balls or equivalent 

attachments. Connecting the towing 

ropes between vehicles shall be done 

when the vehicles are at a protected 

location and the engines are not running 

and both vehicles shall be blocked with 

wheel chocks prior to attaching or 

disconnecting nylon towing slings when 

the potential for rolling exists. Tow 

ropes shall be maintained and replaced 

as per manufacturer’s recommendations. 

(c) Radio communications between 

the towed and the towing vehicles shall 

be maintained at all times when the 

vehicles are moving. The towed vehicle 

driver shall be able to see at least 10 feet 

in front of the vehicle. Towing speed 

shall not exceed 5 mph. 

(d) The engine driven hydraulic 

power pack shall be adequately 

designed to supply the correct hydraulic 

pressure as recommended by the towed 

vehicle manufacturer. 

(e) The power pack shall be securely 

mounted to the towed vehicle as to not 

impede the operation of the vehicle or 

pose safety hazards such as a broken 

hydraulic line or exhaust fumes that 

may enter the operator’s compartment. 

The power pack shall not impede the 

ability to exit the vehicle quickly. 

(f) The power pack shall operate at all 

times when the vehicle is being towed 

to maintain normal braking and steering 

functions. The power pack shall be 

examined prior to each use by a 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61619 

qualified mechanic trained to perform 

the examination. 

(g) Prior to towing operation, testing 

of the brakes and steering shall be 

performed at a protected location. The 

test shall include fully pressurizing the 

air system to ensure the brakes function 

properly and depleting the air system to 

ensure the ‘‘fail safe’’ brakes re-apply at 

the proper pressures. 

(h) All qualified mechanics shall be 

trained to perform the installation of the 

power pack to tow a vehicle. 

(i) Loaded haul trucks shall not be 

towed. Loads shall be dumped or 

otherwise removed prior to towing. 

(j) Prior to towing operations, the 

route of travel shall be cleared of traffic 

and all persons in the affected area 

notified. 

(k) No more than 60 days after this 

Proposed Decision and Order (PDO) 

becomes final, the petitioner shall 

submit revisions to its approved 30 CFR 

part 48 training plan that address the 

requirements in the PDO to the MSHA 

District Manager. 

In support of the proposed alternative 

method, the petitioner submitted task 

training instructions on the operation of 

the Kubota Model D1105, serial number 

1GZ1802, engine driven hydraulic 

power pack. 

The petitioner asserts that the 

alternate 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. 2023–19227 Filed 9–6–23; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2011–0862] 

Hazardous Wastes Operations and 

Emergency Response (HAZWOPER) 

Standard; Extension of the Office of 

Management and Budget’s (OMB) 

Approval of Information Collection 

(Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: OSHA solicits public 

comments concerning the proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Hazardous Wastes 

Operations and Emergency Response 

(HAZWOPER) Standard. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

November 6, 2023. 

ADDRESSES: 

Electronically: You may submit 

comments and attachments 

electronically at https://

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Docket: To read or download 

comments or other material in the 

docket, go to https://

www.regulations.gov. Documents in the 

docket are listed in the https://

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the website. 

All submissions, including copyrighted 

material, are available for inspection 

through the OSHA Docket Office. 

Contact the OSHA Docket Office at (202) 

693–2350 (TTY (877) 889–5627) for 

assistance in locating docket 

submissions. 

Instructions: All submissions must 

include the agency name and OSHA 

docket number (OSHA–2011–0862) for 

the Information Collection Request 

(ICR). OSHA will place all comments, 

including any personal information, in 

the public docket, which may be made 

available online. Therefore, OSHA 

cautions interested parties about 

submitting personal information such as 

social security numbers and birthdates. 

For further information on submitting 

comments, see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Seleda Perryman, Directorate of 

Standards and Guidance, OSHA, U.S. 

Department of Labor; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of 

the continuing effort to reduce 

paperwork and respondent (i.e., 

employer) burden, conducts a 

preclearance consultation program to 

provide the public with an opportunity 

to comment on proposed and 

continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and costs) is minimal, the collection 

instruments are clearly understood, and 

OSHA’s estimate of the information 

collection burden is accurate. The 

Occupational Safety and Health Act of 

1970 (OSH Act) (29 U.S.C. 651 et seq.) 

authorizes information collection by 

employers as necessary or appropriate 

for enforcement of the OSH Act or for 

developing information regarding the 

causes and prevention of occupational 

injuries, illnesses, and accidents (29 

U.S.C. 657). The OSH Act also requires 

that OSHA obtain such information 

with minimum burden upon employers, 

especially those operating small 

businesses, and to reduce to the 

maximum extent feasible unnecessary 

duplication of effort in obtaining 

information (29 U.S.C. 657). 

The following sections describe who 

uses the information collected under 

each requirement, as well as how they 

use it. 

The HAZWOPER standard specifies a 

number of collections of information 

(paperwork) requirements. Employers 

can use the information collected under 

the HAZWOPER rule to develop the 

various programs the standard requires 

and to ensure that their workers are 

trained properly about the safety and 

health hazards associated with 

hazardous waste operations and 

emergency response to hazardous waste 

releases. OSHA will use the records 

developed in response to this standard 

to determine adequate compliance with 

the standard’s safety and health 

provisions. The employer’s failure to 

collect and distribute the information 

required in this standard will affect 

significantly OSHA’s effort to control 

and reduce injuries and fatalities. Such 

failure would also be contrary to the 

direction Congress provided in 

Superfund Amendments and 

Reauthorization Act (SARA). 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

agency’s functions to protect workers, 

including whether the information is 

useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The quality, utility, and clarity of 

the information collected; and 

• Ways to minimize the burden on 

employers who must comply; for 

example, by using automated or other 

technological information collection, 

and transmission techniques. 


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