[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16239-16240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05994]



[[Page 16239]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0150]


Proposed Extension of Information Collection; Pattern of 
Violations

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
request for comment 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 request 
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. 
Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments on the information collection for Pattern of 
Violations.

DATES: All comments must be received on or before May 23, 2022.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered.
    Electronic Submissions: Submit electronic comments in the following 
way:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments for MSHA-2022-0014. 
Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket, with no changes. 
Because your comment will be made public, you are responsible for 
ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
    <bullet> If your comment includes confidential information that you 
do not wish to be made available to the public, submit the comment as a 
written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
    <bullet> Mail/Hand Delivery: Mail or visit DOL-MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, Suite 
4E401, Arlington, VA 22202-5452. 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.
    <bullet> MSHA will post your comment 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, Acting Director, Office 
of Standards, Regulations, and Variances, MSHA, at 
<a href="/cdn-cgi/l/email-protection#93dec0dbd2bdfafdf5fce1fef2e7fafcfdbdf0fcfffff6f0e7fafcfde0d3f7fcffbdf4fce5"><span class="__cf_email__" data-cfemail="2d607e656c0344434b425f404c59444243034e424141484e594442435e6d494241034a425b">[email protected]</span></a> (email); (202) 693-9440 (voice); 
or (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(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 or other 
mines.
    Under the Mine Act, MSHA is required to issue a pattern of 
violations notice to any mine operator that demonstrates a disregard 
for the health and safety of miners through a pattern of significant 
and substantial violations. A significant and substantial violation is 
one that contributes to a safety or health hazard that is reasonably 
likely to result in a reasonably serious injury or illness. The pattern 
of violations provision helps to ensure that mine operators manage 
health and safety conditions at mines and find and fix the root causes 
of significant and substantial violations before they become a hazard 
to miners. The issuance of a pattern of violations notice provides 
additional incentive for chronic violators to comply with the Mine Act 
and MSHA's safety and health standards. In determining whether to issue 
a pattern of violations notice, MSHA reviews any mitigating 
circumstances, in accordance with paragraph 30 CFR 104.2(a)(8). Among 
the mitigating circumstances that MSHA could consider is an approved 
corrective action program that has succeeded in reducing significant 
and substantial violations.

II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information 
collection related to Pattern of Violations. MSHA is particularly 
interested in comments that:
    <bullet> 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;
    <bullet> Evaluate the accuracy of MSHA's estimate of the burden 
related to the information collection, including the validity of the 
methodology and assumptions used in the estimate;
    <bullet> Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
    <bullet> Minimize the burden of the information collection 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.
    Background documents related to this information collection request 
are available at https://regulations.gov and at DOL-MSHA located at 201 
12th Street South, Suite 4E401, Arlington, VA 22202-5452. Questions 
about the information collection requirements may be directed to the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
notice.

III. Current Actions

    This information collection request concerns provisions for pattern 
of violations. MSHA has updated the data with respect to the number of 
respondents, responses, burden hours, 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: 1219-0150.
    Affected Public: Business or other for-profit.
    Number of Respondents: 6.
    Frequency: On occasion.
    Number of Responses: 12.
    Annual Burden Hours: 304 hours.
    Annual Respondent or Recordkeeper Cost: $800.
    Comments submitted in response to this notice will be summarized 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

[[Page 16240]]

will be available at https://www.reginfo.gov.

Song-ae Aromie Noe,
Certifying Officer.
[FR Doc. 2022-05994 Filed 3-21-22; 8:45 am]
BILLING CODE 4510-43-P


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