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###### Department of Labor

###### Office of the Secretary

# ACTION:

Submission for OMB Review; Comment Request.

                    The Department of Labor (DOL) hereby announces the submission of the following public 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 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation; including, among other things, a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at                     *http://www.reginfo.gov/​public/​do/​PRAMain*                     or by contacting Linda Watts Thomas on 202-693-4223 (this is not a toll-free number); e-mail mail to:                     *DOL_PRA_PUBLIC@dol.gov.*

                    Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor—Mine Safety and Health Administration (MSHA), Office                           ( print page 52979)                        of Management and Budget, 725 17th Street, NW., Room 10235, Washington, DC 20503, Telephone: 202-395-4816/Fax: 202-395-5806 (these are not toll-free numbers), e-mail:                     *OIRA_submission@omb.eop.gov*                     within 30 days from the date of this publication in the                     **Federal Register**                    . In order to ensure the appropriate consideration, comments should reference the applicable OMB Control Number (see below).                

The OMB is particularly interested in comments which:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) 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;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

                    (4) 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.                

*Agency:*                     Mine Safety and Health Administration.                

*Type of Review:*                     Extension without change of a currently approved collection.                

*Title of Collection:*                     Program to Prevent Smoking Underground and in Hazardous Surface Areas.                

*OMB Control Number:*                     1219-0041.                

*Affected Public:*                     Business or other for-profit.                

*Total Estimated Number of Respondents:*                     144.                

*Total Number of Responses:*                     144.                

*Total Estimated Annual Burden Hours:*                     72.                

*Total Estimated Annual Cost Burden (operating/maintaining):*                     $6,098.40.                

*Description:*                     Section 317(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 877(c), and 30 CFR 75.1702 prohibit persons from smoking or carrying smoking materials underground or in places where there is a fire or explosion hazard. Under the Mine Act and § 75.1702, coal mine operators are required to develop programs to prevent persons from carrying smoking materials, matches, or lighters underground and to prevent smoking in hazardous areas, such as in or around oil houses, explosives magazines, etc. Section 75.1702-1 requires that the mine operator submit the program for searching miners for smoking materials to MSHA for approval. The purpose of the program is to ensure that a fire or explosion hazard does not occur. Section 103(h) of the Mine Act, 30 U.S.C. 813, authorizes MSHA to collect information necessary to carry out its duty in protecting the safety and health of miners. For additional information, see related notice published in the                     **Federal Register**                     on June 24, 2010, (Vol. 75 page 36120).                

Dated: August 24, 2010.

Linda Watts Thomas,

Acting Departmental Clearance Officer.

[FR Doc. 2010-21472 Filed 8-27-10; 8:45 am]

BILLING CODE 4510-43-P