Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 46017 

Overview of This Information 

Collection 

1. Type of Information Collection: 

Reinstatement of a discontinued 

collection. 

2. Title of the Form/Collection: 

Recordkeeping for Electronic 

Prescriptions for Controlled Substance. 

3. The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

There is no form number. The 

applicable component within the 

Department of Justice is the Drug 

Enforcement Administration, Diversion 

Control Division. 

4. Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Affected public (Primary): Business or 

other for-profit. 

Affected public (Other): Not-for-profit 

institutions; Federal, State, local, and 

tribal governments. 

Abstract: DEA is requiring that each 

registered practitioner apply to an 

approved credential service provider 

approved to obtain identity proofing 

and a credential. Hospitals and other 

institutional practitioners may conduct 

this process in-house as part of their 

credentialing. For practitioners 

currently working at or affiliated with a 

registered hospital or clinic, the 

hospital/clinic have to check a 

government-issued photographic 

identification. This may be done when 

the hospital/clinic issues credentials to 

new hires or newly affiliated 

physicians. For individual practitioners, 

two people need to enter logical access 

control data to grant permissions for 

practitioners authorized to approve and 

sign controlled substance prescriptions 

using the electronic prescription 

application. For institutional 

practitioners, logical access control data 

is entered by two people from an entity 

within the hospital/clinic that is 

separate from the entity that conduct 

identity proofing in-house. Similarly, 

pharmacies have to set logical access 

controls in the pharmacy application so 

that only authorized employees have 

permission to annotate or alter 

prescription records. Finally, if the 

electronic prescription or pharmacy 

application generates an incident report, 

practitioners, hospitals/clinics, and 

pharmacies have to review the incident 

report to determine if the event 

identified by the application represents 

a security incident. 

5. An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The below table presents 

information regarding the number of 

respondents, hour burden per responses 

and associated burden hours. 

Number of 

respondents 

Hour burden 

per response 

Burden 

hours 

Practitioners ................................................................................................................................. 78,164 0.67 52,370 

MLP .............................................................................................................................................. 49,067 0.67 32,875 

Hospital/Clinics ............................................................................................................................ 1,482 2.13 3,157 

Pharmacies .................................................................................................................................. 3,984 0.33 1,315 

Total ...................................................................................................................................... 132,697 ........................ 89,717 

6. An estimate of the total public 

burden (in hours) associated with the 

proposed collection: DEA estimates that 

this collection takes 89,717 annual 

burden hours. 

If additional information is required 

please contact: Melody Braswell, 

Department Clearance Officer, United 

States Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE, Suite 3E.405B, 

Washington, DC 20530. 

Dated: August 11, 2021. 

Melody Braswell, 

Department Clearance Officer for PRA, U.S. 

Department of Justice. 

[FR Doc. 2021–17523 Filed 8–16–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Respiratory Protection Standard 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Occupational 

Safety and Health Administration 

(OSHA)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before September 16, 2021. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Rennie by telephone at 202– 

693–0456 or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: This 

standard requires employers to develop 

a written respiratory protection 

program, provide medical surveillance, 

fit test employees, obtain certificates of 

analysis on cylinders, change sorbent 

beds and filters, to inspect emergencyuse respirators, mark emergency-use 

respirator storage compartments, and 

maintain accurate employee records for 

fit testing and medical surveillance. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

April 9, 2021 (86 FR 18557). 

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 the OMB 

approves it and displays a currently 


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46018 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 

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 that does not 

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–OSHA. 

Title of Collection: Respiratory 

Protection Standard. 

OMB Control Number: 1218–0099. 

Affected Public: Private Sector: 

Businesses or other for-profits. 

Total Estimated Number of 

Respondents: 699,048. 

Total Estimated Number of 

Responses: 27,655,682. 

Total Estimated Annual Time Burden: 

8,400,365 hours. 

Total Estimated Annual Other Costs 

Burden: $406,397,821.88. 

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

Crystal Rennie, 

Senior PRA Analyst. 

[FR Doc. 2021–17552 Filed 8–16–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety Standard 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice includes the 

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 September 16, 2021. 

ADDRESSES: You may submit your 

comments including the docket number 

of the petition by any of the following 

methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452, Attention: Jessica 

D. Senk, 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. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Jessica D. Senk, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Senk.Jessica@dol.gov 

(email), or 202–693–9441 (facsimile). 

[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–2021–026–C. 

Petitioner: Marion County Coal 

Resources, Inc., 151 Johnnycake Road, 

Metz, West Virginia (Zip 26585). 

Mine: Marion County Mine, MSHA ID 

No. 46–01433, located in Marion 

County, West Virginia. 

Regulation Affected: 30 CFR 75–1700 

(Oil and gas wells). 

Modification Request: The petitioner 

requests a modification of the existing 

standard, 30 CFR 75.1700, as it relates 

to oil and gas wells at the mine. The 

operator is petitioning to plug two gas 

wells in the Marcellus shale. 

The petitioner states that: 

(a) The Marion County Mine desires 

to plug two ‘‘unconventional’’ gas wells 

in the Marcellus shale not covered by 

the Consent Order at docket No. 2017– 

MSA–06. These are: 

(1) The Esther Clark 1H Marcellus Gas 

Well American Petroleum Institute 

(API) #: 47–061–01616; and 

(2) The Esther Clark 3H Marcellus Gas 

Well API #: 47–061–01623. 

(b) The Marion County Mine employs 

approximately 712 miners and produces 

approximately 25,000 tons of 

bituminous coal per day from the 

Pittsburgh #8 coal seam with an average 

mine height of 84 inches. At this time, 

there are no coal seams being mined 

stratigraphically down section from the 

Pittsburgh seam. The mine is accessed 

through one slope and eight airshafts. 

The mine operates three production 

shifts per day, five days per week, on 

three working sections—one longwall, 

an advancing gate section, and a mains 

section utilizing continuous mining 

machines. The mine liberates 9,000,000 

cubic feet of methane on a daily basis. 

(c) On July 5, 2018, MSHA and 

Marion County entered into a settlement 

concerning the contest of certain 

conditions in a Proposed Decision and 

Order concerning 30 CFR 75.1700 at 

docket No. 2017–MSA–06. That 

agreement specifically excluded certain 

types of wells as follows: 

Unconventional wells in the Marcellus 

and Utica, and all other unconventional 

shale oil and gas wells are not subject 

to this modification. 

The petitioner proposes the following 

alternative method: 

(a) District Manager approval 

required. 

(1) The mine operator shall maintain 

a safety barrier of 300 feet in diameter 

around the Esther Clark 1H and 3H Gas 

Wells until the District Manager 

approves to proceed with mining. 

(2) Prior to mining within the safety 

barrier around these wells, the mine 

operator shall provide to the District 

Manager a sworn affidavit or declaration 

executed by the company official who is 

in charge of health and safety at the 

mine stating that all mandatory 

procedures for cleaning out, preparing, 

and plugging each gas well have been 

completed. The affidavit or declaration 

must be accompanied by all logs, 

electronic or otherwise, described below 

in section (b) (7) and any other records 

the District Manager requires. 

(3) This petition applies to all types 

of underground coal mining at the mine. 

(b) The petitioner proposes to use the 

following mandatory procedures, when 

cleaning out and preparing the Ester 


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