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###### Department of Labor

###### Mine Safety and Health Administration

# ACTION:

Notice.

# SUMMARY:

                        The Department of Labor, 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 and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program                               ( print page 56559)                            helps to assure 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 concerning the extension of the information collection for Safety Defects; Examination, Correction and Records, 30 CFR 56/57.14100, 56/57.13015, 56/57.13030, and 56/57.18002.                    

# DATES:

All comments must be received by midnight Eastern Daylight Saving Time on November 15, 2010.

# ADDRESSES:

Comments must clearly be identified with the rule title and may be submitted to MSHA by any of the following methods:

                        (1)                         *Electronic mail: zzMSHA-Comments@dol.gov.*

                        (2)                         *Facsimile:*                         (202) 693-9441.                    

                        (3)                         *Regular Mail:*                         MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209-3939.                    

                        (4)                         *Hand Delivery or Courier:*                         MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209-3939. Sign in at the receptionist's desk on the 21st floor.                    

# FOR FURTHER INFORMATION CONTACT:

                        Mario Distasio, Chief of the Economic Analysis Division, Office of Standards, Regulations, and Variances, MSHA, at                         *distasio.mario@dol.gov*                         (e-mail), 202-693-9445 (voicemail), 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. 13(h), authorizes MSHA to collect information necessary to carry out its duty in protecting the safety and health of miners.
    - Compressed-air receivers and other unfired pressure vessels must be inspected by inspectors holding a valid National Board Commission and in accordance with the applicable chapters of the National Board Inspection Code, a Manual for Boiler and Pressure Vessels Inspectors, 1979. Safety defects found on compressed-air receivers and other unfired pressure vessels have caused injuries and fatalities in the mining industry. Records of inspections are required to be kept in accordance with the requirements of the National Board Inspection Code and the records must be made available to the Secretary or an authorized representative.
    - Fired pressure vessels (boilers) must be equipped with water level gauges, pressure gauges, automatic pressure-relief valves, blowdown piping and other safety devices approved by the American Society of Mechanical Engineers (ASME) to protect against hazards from overpressure, flameouts, fuel interruptions and low water level. These sections also require that records of inspection and repairs be kept by the mine operator in accordance with the requirements of the ASME Boiler and Pressure Vessel Code, 1977, and the National Board Inspection Code (progressive records—no limit on retention time) and must be made available to the Secretary or an authorized representative.
    - Operators must inspect equipment, machinery, and tools that are to be used during a shift for safety defects before the equipment is placed in operation. Defects affecting safety are required to be corrected in a timely manner. In instances where the defect makes continued operation of the equipment hazardous to persons, the equipment must be removed from service, tagged to identify that it is out of use, and repaired before use is resumed. Safety defects on self-propelled mobile equipment account for many injuries and fatalities in the mining industry. Inspection of this equipment prior to use is required to assure safe operation. The equipment operator is required to make a visual and operational check of the various primary operating systems that affect safety, such as brakes, lights, horn, seatbelts, tires, steering, back-up alarm, windshield, cab safety glass, rear and side view mirrors, and other safety and health related items. Any defects found are required to be either corrected immediately, or reported to and recorded by the mine operator prior to the timely correction. A record is not required if unsafe conditions are not present upon examination prior to use if the defect is corrected immediately. The precise format in which the record is kept is left to the discretion of the mine operator. Reports of uncorrected defects are required to be recorded by the mine operator and kept at the mine office from the date the defects are recorded, until the defects are corrected.
    - A competent person designated by the operator must examine each working place at least once each shift for conditions which may adversely affect safety or health. A record of such examinations must be kept by the operator for a period of one year and must be made available for review by the Secretary or an authorized representative.

## II. Desired Focus of Comments

MSHA is particularly interested in comments that:
    - 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;
    - 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;
    - 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 the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g.,                      permitting electronic submissions of responses.                

                    A copy of the proposed information collection request can be obtained by contacting the employee listed in the                     **FOR FURTHER INFORMATION CONTACT**                     section of this notice, or viewed on the Internet by selecting “Rules & Regs”, and then selecting “FedReg.Docs”. On the next screen, select “Paperwork Reduction Act Supporting Statement” to view documents supporting the                     **Federal Register**                     notice.                

## III. Current Actions

This request for collection of information contains notification and recordkeeping provisions for the Proposed Information Collection Request Submitted for Public Comment and Recommendations; Safety Defects; Examination, Correction and Records, 30 CFR 56/57.14100, 56/57.13015, 56/57.13030, and 56/57.18002. MSHA does not intend to publish the results from this information collection and is not seeking approval to either display or not display the expiration date for the OMB approval of this information collection.

There are no certification exceptions identified with this information collection and the collection of this information does not employ statistical methods.

*Type of Review:*                     Extension                

*Agency:*                     Mine Safety and Health Administration                

*OMB Number:*                     1219-0089                

*Frequency:*                     On Occasion                

*Affected Public:*                     Business or other for-profit                

*Cost to Federal Government:*                     No additional cost                

*Total Burden Respondents:*                     12,557                

*Total Number of Responses:*                     11,502,241                          ( print page 56560)    

*Total Burden Hours:*                     1,223,104                

*Total Hour Burden Cost (operating/maintaining):*                     $47,719,917                

Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 2010-23086 Filed 9-15-10; 8:45 am]

BILLING CODE 4510-43-P