[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 37061-37062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17843]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request; Submitted for Public 
Comment and Recommendations; Petitions for Modification of Mandatory 
Safety Standards

ACTION: Notice.

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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 
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 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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.
    Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments concerning the extension of the information 
collection related to the 30 CFR Sections 44.9, 44.10, and 44.11; 
Petitions for Modification of Mandatory Safety Standards.

DATES: Submit comments on or before September 25, 2009.

ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and 
Health Administration, John Rowlett, Director, Management Services 
Division, 1100 Wilson Boulevard, Room 2134, Arlington, VA 22209-3939. 
Commenters are encouraged to send their comments on a computer disk or 
via E-mail to <a href="/cdn-cgi/l/email-protection#c694a9b1aaa3b2b2e88ca9aea886a2a9aae8a1a9b0"><span class="__cf_email__" data-cfemail="da88b5adb6bfaeaef490b5b2b49abeb5b6f4bdb5ac">[email protected]</span></a>, along with an original printed 
copy. Mr. Rowlett can be reached at (202) 693-9827 (voice), or (202) 
693-9801 (facsimile).

[[Page 37062]]


FOR FURTHER INFORMATION: Contact the employee listed in the ADDRESSES 
section of this notice.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 811(c), provides that a mine operator or a 
representative of miners may petition the Secretary of Labor 
(Secretary) to modify the application of a mandatory safety standard. 
30 CFR Part 44 formally delegates the Secretary's authority to receive 
petitions to the Director of the Office of Standards, Regulations, and 
Variances and the authority to issue proposed decisions to the 
Administrators for Coal and Metal/Nonmetal. A petition for modification 
may be granted if the Secretary determines (1) that an alternative 
method of achieving the results of the standard exists and that it will 
guarantee, at all times, no less than the same measure of protection 
for the miners affected as that afforded by the standard, or (2) that 
the application of the standard will result in a diminution of safety 
to the miners affected.

II. Desired Focus of Comments

    MSHA is particularly interested in comments that:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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 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 accessing the MSHA home page (http://www.msha.gov/) and 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

    Under 30 CFR 44.9, mine operators must post a copy of each petition 
for modification concerning the mine on the mine's bulletin board and 
maintain the posting until a ruling on the petition becomes final. This 
applies only to mines for which there is no representative of miners.
    Under 30 CFR 44.10, detailed guidance for filing a petition for 
modification is provided for the operator of the affected mine or any 
representative of the miners at that mine. The petition must be in 
writing, filed with the Director of the Office of Standards, 
Regulations, and Variances, and a copy of the petition served by the 
filing party (the mine operator or representative of miners) on the 
other party.
    Under 30 CFR 44.11(a), the petition for modification must contain 
the petitioner's name and address; the mailing address and mine 
identification number of the mine or mines affected; the mandatory 
safety standard to which the petition is directed; a concise statement 
of the modification requested and whether the petitioner (1) Proposes 
to establish an alternate method in lieu of the mandatory safety 
standard, or (2) alleges that application of the standard will result 
in diminution of safety to the miners affected, or (3) requests relief 
based on both grounds; a detailed statement of the facts that show the 
grounds upon which a modification is claimed or warranted; and, if the 
petitioner is a mine operator, the identity of any representative of 
miners at the affected mine.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Petitions for Modification of Mandatory Safety Standards.
    OMB Number: 1219-0065.
    Recordkeeping: Under 30 CFR 44.9, mine operators must post a copy 
of each petition for modification concerning the mine on the mine's 
bulletin board and maintain the posting until a ruling on the petition 
becomes final. This applies only to mines for which there is no 
representative of miners.
    Under 30 CFR 44.10, the petition must be in writing, filed with the 
Director of the Office of Standards, Regulations, and Variances, and a 
copy of the petition served by the filing party (the mine operator or 
representative of miners) on the other party.
    Under 30 CFR 44.11(a), the petition for modification must contain 
the petitioner's name and address; the mailing address and mine 
identification number of the mine or mines affected; the mandatory 
safety standard to which the petition is directed; a concise statement 
of the modification requested and whether the petitioner (1) Proposes 
to establish an alternate method in lieu of the mandatory safety 
standard, or (2) alleges that application of the standard will result 
in diminution of safety to the miners affected, or (3) requests relief 
based on both grounds; a detailed statement of the facts that show the 
grounds upon which a modification is claimed or warranted; and, if the 
petitioner is a mine operator, the identity of any representative of 
miners at the affected mine.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Respondents: 80.
    Responses: 80.
    Total Burden Hours: 2,560.
    Total Burden Cost (operating/maintaining): $32,357.
    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.

    Dated at Arlington, Virginia, this 21st day of July, 2009.
John Rowlett,
Director, Management Services Division.
[FR Doc. E9-17843 Filed 7-24-09; 8:45 am]
BILLING CODE 4510-43-P


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