Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices 84629 

The information collection request 

will be available on https://

www.regulations.gov. MSHA cautions 

the commenter against providing any 

information in the submission that 

should not be publicly disclosed. Full 

comments, including personal 

information provided, will be made 

available on https://

www.regulations.gov and https://

www.reginfo.gov. 

The public may also examine publicly 

available documents at DOL–MSHA, 

Office of Standards, Regulations and 

Variances, 201 12th Street South, 4th 

Floor West, Arlington, VA 22202–5452. 

Sign in at the receptionist’s desk on the 

4th Floor via the West elevator. Before 

visiting MSHA in person, call 202–693– 

9455 to make an appointment. 

Questions about the information 

collection requirements may be directed 

to the person listed in the FOR FURTHER

INFORMATION section of this notice. 

III. Current Actions 

This information collection request 

concerns provisions for Safety 

Standards for Roof Bolts in Metal and 

Nonmetal Mines and Underground Coal 

Mines. MSHA has updated the data 

with respect to the number of 

respondents, responses, time burden, 

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: 1219–0121. 

Affected Public: Business or other forprofit. 

Number of Annual Respondents: 484. 

Frequency: On occasion. 

Number of Annual Responses: 79,167. 

Annual Time Burden: 740 hours. 

Annual Other Burden Costs: $0. 

Comments submitted in response to 

this notice will be summarized and 

included 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 be available at https:// 

www.reginfo.gov. 

Song-ae Aromie Noe, 

Certifying Officer, Mine Safety and Health 

Administration. 

[FR Doc. 2024–24500 Filed 10–22–24; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Proposed Extension of Information 

Collection; Petitions for Modification of 

Mandatory Safety Standards 

[OMB Control No. 1219–0065] 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Request for public comments. 

SUMMARY: The Department of Labor 

(DOL), 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. 

The Mine Safety and Health 

Administration (MSHA) is soliciting 

comments on the information collection 

entitled Petitions for Modification of 

Mandatory Safety Standards. 

DATES: All comments must be received 

on or before December 23, 2024. 

ADDRESSES: Comments concerning the 

information collection requirements of 

this notice may be sent by any of the 

methods listed below. Please note that 

late comments received after the 

deadline will not be considered. 

• Federal E-Rulemaking Portal: 

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

on-line instructions for submitting 

comments for docket number MSHA– 

2024–0028. 

• Mail/Hand Delivery: DOL–MSHA, 

Office of Standards, Regulations, and 

Variances, 201 12th Street South, 4th 

Floor West, Arlington, VA 22202–5452. 

Before visiting MSHA in person, call 

202–693–9455 to make an appointment. 

• MSHA will post all comments 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: S. 

Aromie Noe, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at 

MSHA.information.collections@dol.gov 

(email); (202) 693–9440 (voice); or (202) 

693–9441 (facsimile). These are not tollfree numbers. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Legal Authority 

Section 103(h) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) as amended, 30 U.S.C. 813(h), 

authorizes the Mine Safety and Health 

Administration (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(a), authorizes 

the Secretary of Labor (Secretary) 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, metal and nonmetal 

mines. 

B. Information Collection 

In order to fulfill the statutory 

mandates to promote miners’ health and 

safety, MSHA requires the collection of 

information under the information 

collection request entitled Petitions for 

Modification of Mandatory Safety 

Standards. The information collection is 

intended to ensure the merits of the 

petition for the purpose of deciding 

whether or not to grant it and, if 

granted, whether there is a need for any 

additional terms or conditions. 

If a mine operator, or a representative 

of miners at a mine, wishes to modify 

the requirements of an existing MSHA 

safety standard to achieve the purpose 

of the standard by means different than 

those required by the standard, they 

may petition the requirement. The 

petitioning party would be responsible 

for proposing an alternative that is 

proven to be at least as safe for miners 

as the mandatory requirement. MSHA 

will grant a petition for modification if 

the agency determines that the 

requested alternative provides miners at 

least the same level of protection as the 

existing standard. Under 30 CFR part 

44, the procedures and rules of practice 

are set forth to govern petitions for 

modification of mandatory safety 

standards filed under section 101(c) of 

the Mine Act. 

1. Prepare and File Petition for 

Modification 

In order to meet the requirements of 

the petition for modification, mine 

operators, or representative of the 

miners, must file the petition with 

MSHA and serve a copy of the petition 

to the other party, either the 

representative of the miners, or the mine 

operator. The petition must include a 

statement about the modification, 

proposed alternative, or that the 

requirement diminishes the safety of 

miners at the site and any facts 


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84630 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices 

substantiating that the petition is 

warranted. 

Under 30 CFR 44.10, a petition for 

modification of the application of a 

mandatory safety standard under 

section 101(c) of the Mine Act may be 

filed only by the mine operator of the 

affected mine or any representative of 

the miners at such mine. All petitions 

must be in writing and must be filed 

with the Director, Office of Standards, 

Regulations, and Variances. If the 

petition is filed by a mine operator, a 

copy of the petition must be served by 

the mine operator upon a representative 

of miners at the affected mine. If the 

petition is filed by a representative of 

the miners, a copy of the petition must 

be served by the representative of 

miners upon the mine operator. Service 

must be accomplished personally or by 

registered or certified mail, return 

receipt requested. 

Under 30 CFR 44.11(a), a petition for 

modification must contain: 

(i) The petitioner’s name and address; 

(ii) The mailing address and mine 

identification number of the mine or 

mines affected; 

(iii) The mandatory safety standard to 

which the petition is directed; 

(iv) A concise statement of the 

modification requested and whether the 

petitioner proposes to establish an 

alternate method in lieu of the 

mandatory safety standard, or alleges 

that application of the standard will 

result in diminution of safety to the 

miners affected, or requests relief based 

on both grounds; 

(v) A detailed statement of the facts 

that show the grounds upon which a 

modification is claimed or warranted; 

and, 

(vi) Identification of any 

representative of the miners at the 

affected mine, if the petitioner is a mine 

operator. 

2. Post Petition for Modification 

It is important for all miners to be 

aware of potential modifications. Under 

30 CFR 44.9, a mine operator must, 

when there is no representative of 

miners, post a copy of each petition for 

modification concerning the mine on 

the mine bulletin board and must 

maintain the posting until a ruling on 

the petition becomes final. 

3. MSHA Publish Public Notice of 

Petition for Modification 

Based on who initiated the 

modification, MSHA will notify all 

applicable parties and publish the 

modification for public awareness. 

Under 30 CFR 44.12(a), within 15 days 

from the filing of a petition for 

modification, MSHA will give notice of 

the petition to each known 

representative of miners or the operator 

of the affected mine, as appropriate, and 

shall publish notice of the petition in 

the Federal Register. 

4. MSHA Publishing Final Action 

Granting Petition for Modification 

Final decisions on modifications, 

including any reasoning, are published 

so that all stakeholders are aware of the 

outcome. Under 30 CFR 44.5(a), every 

final action granting a petition for 

modification must be published in the 

Federal Register. Every such final 

action published must specify the 

statutory grounds upon which the 

modification is based and a summary of 

the facts which warranted the 

modification. 

5. Post Final Action Granting Petition 

for Modification 

The final decision must be made 

available to miners, once available. 

Under 30 CFR 44.5(b), every final action 

or a summary thereof granting a petition 

for modification must be posted by the 

operator on the mine bulletin board at 

the affected mine and remain posted as 

long as the modification is effective. If 

a summary of the final action is posted 

on the mine bulletin board, a copy of 

the full decision must be kept at the 

affected mine office and made available 

to the miners. 

The process of preparing, submitting, 

reviewing, and granting petitions for a 

petition for modification is: 

Step 1: A mine operator, a 

representative of miners, or a third party 

prepares and files a petition for 

modification to MSHA. 

Step 2: The mine operator or 

representative of miners serves petition 

for modification to the other party. 

(a) If the petition is filed by a mine 

operator, a copy of the petition must be 

served by the mine operator upon a 

representative of miners at the affected 

mine. 

(b) If the petition is filed by a 

representative of the miners, a copy of 

the petition must be served by the 

representative of miners upon the mine 

operator. 

Step 3: The mine operator posts a 

copy of the petition for modification on 

the mine bulletin board. 

Step 4: MSHA conducts an initial 

review. 

Step 5: MSHA publishes a notice of 

the petition for modification in the 

Federal Register. 

Step 6: MSHA conducts an 

investigation. 

Step 7: MSHA reviews the petition for 

modification. 

Step 8: MSHA takes a final action and 

determines whether to grant a petition 

for modification. If granted, MSHA 

publishes a final action in the Federal 

Register. 

Step 9: The mine operator posts final 

action granting a petition for 

modification at the mine bulletin board. 

II. Desired Focus of Comments 

MSHA is soliciting comments 

concerning the proposed information 

collection entitled Petitions for 

Modification of Mandatory Safety 

Standards. 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. 

The information collection request 

will be available on https://

www.regulations.gov. MSHA cautions 

the commenter against providing any 

information in the submission that 

should not be publicly disclosed. Full 

comments, including personal 

information provided, will be made 

available on https://

www.regulations.gov and https://

www.reginfo.gov. 

The public may also examine publicly 

available documents at DOL–MSHA, 

Office of Standards, Regulations and 

Variances, 201 12th Street South, 4th 

Floor West, Arlington, VA 22202–5452. 

Sign in at the receptionist’s desk on the 

4th Floor via the West elevator. Before 

visiting MSHA in person, call 202–693– 

9455 to make an appointment. 

Questions about the information 

collection requirements may be directed 

to the person listed in the FOR FURTHER

INFORMATION section of this notice. 

III. Current Actions 

This information collection request 

concerns provisions for Petitions for 

Modification of Mandatory Safety 

Standards. MSHA has updated the data 

with respect to the number of 

respondents, responses, time burden, 

and burden costs supporting this 


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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices 84631 

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: 1219–0065. 

Affected Public: Business or other forprofit. 

Number of Annual Respondents: 46. 

Frequency: On occasion. 

Number of Annual Responses: 164. 

Annual Time Burden: 1,501 hours. 

Annual Other Burden Costs: $24,830. 

Comments submitted in response to 

this notice will be summarized and 

included 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 be available at https:// 

www.reginfo.gov. 

Song-ae Aromie Noe, 

Certifying Officer, Mine Safety and Health 

Administration. 

[FR Doc. 2024–24496 Filed 10–22–24; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

[OMB Control No. 1219–0135] 

Proposed Extension of Information 

Collection; Health Standards for Diesel 

Particulate Matter Exposure 

(Underground Metal and Nonmetal 

Mines) 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Request for public comments. 

SUMMARY: The Department of Labor 

(DOL), 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. 

The Mine Safety and Health 

Administration (MSHA) is soliciting 

comments on the information collection 

entitled Health Standards for Diesel 

Particulate Matter. 

DATES: All comments must be received 

on or before December 23, 2024. 

ADDRESSES: Comments concerning the 

information collection requirements of 

this notice may be sent by any of the 

methods listed below. Please note that 

late comments received after the 

deadline will not be considered. 

• Federal E-Rulemaking Portal: 

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

on-line instructions for submitting 

comments for docket number MSHA– 

2024–0032. 

• Mail/Hand Delivery: DOL–MSHA, 

Office of Standards, Regulations, and 

Variances, 201 12th Street South, 4th 

Floor West, Arlington, VA 22202–5452. 

Before visiting MSHA in person, call 

202–693–9455 to make an appointment. 

• MSHA will post all comments 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: S. 

Aromie Noe, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at MSHA.information 

.collections@dol.gov (email); (202) 693– 

9440 (voice); or (202) 693–9441 

(facsimile). These are not toll-free 

numbers. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Legal Authority 

Section 103(h) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act), as amended, 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(a), 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 and metal and nonmetal 

mines. 

B. Information Collection 

In order to fulfill the statutory 

mandates to promote miners’ health and 

safety MSHA requires the collection of 

information under the information 

collection request entitled Health 

Standards for Diesel Particulate Matter 

Exposure (Underground Metal and 

Nonmetal Mines). The information 

collection addressed by this notice is 

intended to ensure diesel particulate 

matter levels in metal and nonmetal 

(MNM) mines are kept at acceptable 

levels and do not expose miners to 

explosive or other hazardous 

conditions. 

Diesel particulate matter (DPM) is a 

carcinogen that consists of tiny particles 

present in diesel engine exhaust that 

can penetrate into the lungs. Despite 

ventilation, the confined underground 

mine work environment may contribute 

to significant concentrations of particles 

produced by equipment used in the 

mine. Underground miners are exposed 

to higher concentrations of DPM than 

any other occupational group. As a 

result, they face a greater risk of 

developing diseases such as lung 

cancer, heart failure, serious allergic 

responses, and other cardiopulmonary 

problems. 

The DPM regulations established a 

permissible exposure limit (PEL) of 160 

micrograms of total carbon per cubic 

meter of air (mg/m3), which is a 

surrogate for measuring a miner’s 

exposure to DPM. Under 30 CFR 

57.5060(b)(3), a miner’s personal 

exposure to DPM in an underground 

mine must not exceed an average eighthour equivalent full shift airborne 

concentration of 160TC mg/m3. Other 

DPM regulations include a number of 

other requirements for the protection of 

miners’ health. The DPM regulations 

contain information collection 

requirements for underground MNM 

mine operators under 30 CFR 57.5060, 

57.5065, 57.5066, 57.5070, 57.5071, and 

57.5075. 

1. Provide Miner With Medical 

Determination for Respirator Use 

1–1. Respirator Training and Fitting 

Due to the potential safety and health 

risks associated with exposure to DPM, 

controls must be used effectively to 

reduce exposure below the PEL. 

However, if exposure levels of DPM 

cannot feasibly be decreased below the 

PEL, they must be lowered as much as 

possible, and respiratory protection 

must be provided as a supplement to 

protect miners. 

Under 30 CFR 57.5060(d), mine 

operators must install, use, and 

maintain feasible engineering and 

administrative controls to reduce a 

miner’s exposure to or below the 

applicable DPM PEL. When controls do 

not reduce a miner’s DPM exposure to 

the PEL, controls are infeasible, or 

controls do not produce significant 

reductions in DPM exposures, controls 

must be used to reduce the miner’s 

exposure to as low a level as feasible 

and must be supplemented with 

respiratory protection in accordance 

with 30 CFR 57.5005(a), (b), and 

paragraphs (d)(1) through (d)(8) of this 

section. 

When respiratory protection is 

required, mine operators must establish 

a respiratory protection program that 

complies with MSHA’s respiratory 


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