[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Notices]
[Pages 56558-56560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23086]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


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 (Pertains to Metal and Nonmetal (M/NM) Surface and Underground 
Mines)

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 [44 U.S.C. 3506(c)(2)(A)]. This program

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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: [email protected].
    (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 [email protected] (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

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    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