60 Day FRN 1219-0011 6-27-12

Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Extension of Existing
Information Collection; Respirable
Coal Mine Dust Sampling
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

As part of its continuing effort
to reduce paperwork and respondent
burden, the Department of Labor
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995. This
program 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 is
soliciting comments concerning the
extension of the information collection
for 30 CFR 70.201(c); 90.201(c);
71.201(c) and (e); 70.205(c); 71.205(c);
90.205(c); 70.209(a), (c), and (d);
71.209(a), (c), and (d); 90.209(a), (c), and
(d); 70.210(b); 71.210(b); 90.210(b);
70.220(a); 71.220(a); 90.220; 71.300(a);
90.300(a); 71.301(d) and (e); and
90.301(d) and (e).
OMB last approved this information
collection request on October 13, 2009.
This information collection expires on
October 31, 2012.
DATES: All comments must be
postmarked or received by midnight
Eastern Time on August 27, 2012.
ADDRESSES: Comments concerning the
information collection requirements of
this notice must be clearly identified
with ‘‘OMB 1219–0011’’ and sent to the
Mine Safety and Health Administration
(MSHA). Comments may be sent by any
of the methods listed below.
• Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the

srobinson on DSK4SPTVN1PROD with NOTICES

SUMMARY:

on-line instructions for submitting
comments.
• Facsimile: 202–693–9441, include
‘‘OMB 1219–0011’’ in the subject line of
the message.
• Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Room 2350,
Arlington, VA 22209–3939. For hand
delivery, sign in at the receptionist’s
desk on the 21st floor.
FOR FURTHER INFORMATION CONTACT: Greg
Moxness, Chief, Economic Analysis
Division, Office of Standards,
Regulations, and Variances, MSHA, at
[email protected] (email); 202–
693–9440 (voice); or 202–693–9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
The title of the information collection
is being changed from ‘‘Mine Operator
Dust Data Card’’ to ‘‘Respirable Coal
Mine Dust Sampling’’ to more
accurately reflect the type of
information that is collected.
Chronic exposure to respirable coal
mine dust causes lung diseases
including coal workers’ pneumoconiosis
(CWP), emphysema, silicosis, and
chronic bronchitis, known collectively
as ‘‘black lung.’’ These diseases are
debilitating and can result in disability
and premature death. While
considerable progress has been made in
lowering dust levels since 1970 and,
consequently, the prevalence rate of
black lung among coal miners, severe
forms of this disease continue to be
identified. Newly released information
from the federally funded Coal Workers’
Health Surveillance Programs
administered by the National Institute
for Occupational Safety and Health
(NIOSH) indicate that black lung
remains an occupational health risk
among our nation’s coal miners.
According to NIOSH, 933 or 3.7 percent
of the 25,558 underground coal miners
x-rayed between January 2003 and
September 2011 were found to have
black lung. Also, in FY 2011, over
28,600 former coal miners and the
dependents of miners received $417
million in black lung benefits. And,

38323

since inception of the federal Black
Lung Benefits Program in 1970, over $44
billion in total benefits have been paid
out to former miners and their
dependents.
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty in protecting the
safety and health of miners. Further,
Section 101(a) of the Mine Act, 30
U.S.C. 811, authorizes the Secretary to
develop, promulgate, and revise as may
be appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal or other mines.
The implementing standards in 30
CFR parts 70, 71, and 90 require each
coal mine operator to protect miners
from exposure to excessive dust levels.
Parts 70 and 71 require each coal mine
operator to continuously maintaining
the average concentration of respirable
coal mine dust in the mine atmosphere
where miners normally work or travel at
or below 2.0 milligrams per cubic meter
of air (mg/m3). Because overexposure to
respirable coal mine dust containing
quartz has been associated with some
miners developing silicosis (black lung),
the 2.0 mg/m3 standard is further
reduced, using the formula 10 ÷ %
quartz, when the respirable dust
contains more than 5 percent quartz.
Parts 70 and 71 also require each coal
mine operator to continuously maintain
the average concentration of respirable
dust in intake airways at underground
mines at or below 1.0 mg/m3.
In addition, if a part 90 miner is
employed at the mine, part 90 requires
the coal mine operator to continuously
maintain the average concentration of
respirable dust in the mine atmosphere
during each shift to which the part 90
miner in the active workings of the mine
is exposed at or below 1.0 mg/m3. This
standard is also reduced further if more
than 5 percent quartz is found in the
mine atmosphere during each shift to
which the part part 90 miner is exposed.
This information collection addresses
the recordkeeping associated with the
following requirements in 30 CFR parts
70, 71, and 90.

30 CFR

Title

§§ 70.201(c); 90.201(c); and 71.201(c), (e) .............................................
§§ 70.205(c); 71.205(c); 90.205(c) ...........................................................
§§ 70.209(a), (c), and (d); 71.209(a), (c), and (d); and 90.209(a), (c),
and (d).
§§ 70.210(b); 71.210(b) ............................................................................
§ 90.210(b) ................................................................................................
§§ 70.220(a); 71.220(a); 90.220 ...............................................................
§§ 71.300(a); 90.300(a) ............................................................................
§ 71.301(d) and (e) ...................................................................................

Sampling; general requirements
Approved sampling devices; operation; air flowrate
Respirable dust samples; transmission by operator Mine Operator Dust
Data Card
Respirable dust samples; report to operator; posting
Respirable dust samples; report to operator
Status change reports
Respirable dust control plan; filing requirements
Respirable dust control plan; approval by District Manager and posting

VerDate Mar<15>2010

19:05 Jun 26, 2012

Jkt 226001

PO 00000

Frm 00057

Fmt 4703

Sfmt 4703

E:\FR\FM\27JNN1.SGM

27JNN1

srobinson on DSK4SPTVN1PROD with NOTICES

38324

Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
30 CFR

Title

§ 90.301(d) and (e) ...................................................................................

Respirable dust control plan; approval by District Manager; copy to part
90 Miner

II. Desired Focus of Comments
The Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the proposed
extension of the information collection
related to existing standards that require
coal mine operators sample bimonthly
designated occupations or work
locations and submit these samples to
MSHA for analysis to determine if the
mine is complying with the applicable
dust standards. MSHA is particularly
interested in comments that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
• Evaluate the accuracy of the
MSHA’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Address 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), to minimize
the burden of the collection of
information on those who are to
respond.
The public may examine publicly
available documents, including the
public comment version of the
supporting statement, at MSHA, Office
of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, VA 22209–3939.
OMB clearance requests are available on
MSHA’s Web site at http://
www.msha.gov under ‘‘Rules & Regs’’ on
the right side of the screen by selecting
Information Collections Requests,
Paperwork Reduction Act Supporting
Statements. The document will be
available on MSHA’s Web site for 60
days after the publication date of this
notice. Comments submitted in writing
or in electronic form will be made
available for public inspection. Because
comments will not be edited to remove
any identifying or contact information,
MSHA cautions the commenter against
including any information in the
submission that should not be publicly
disclosed. Questions about the
information collection requirements
may be directed to the person listed in

VerDate Mar<15>2010

19:05 Jun 26, 2012

Jkt 226001

the FOR FURTHER INFORMATION CONTACT
section of this notice.
III. Current Actions
The information obtained from mine
operators is used by MSHA to determine
compliance with health standards
associated with 30 CFR parts 70, 71, and
90. MSHA has updated the data for the
number of respondents and responses,
and the total burden hours and burden
costs supporting this information
collection extension request.
Summary
Type of Review: Extension.
Agency: Mine Safety and Health
Administration.
Title: Mine Operator Dust Data Card.
OMB Number: 1219–0011.
Affected Public: Business or other forprofit.
Cite/Reference/Form/etc. 30 CFR
70.201(c); 90.201(c); 71.201(c) and (e);
70.205(c); 71.205(c); 90.205(c);
70.209(a), (c), and (d); 71.209(a), (c), and
(d); 90.209(a), (c), and (d); 70.210(b);
71.210(b); 90.210(b); 70.220(a);
71.220(a); 90.220; 71.300(a); 90.300(a);
71.301(d) and (e); and 90.301(d) and (e).
Total Number of Respondents: 800.
Frequency: Various.
Total Number of Responses: 63,193.
Total Burden Hours: 8,571 hours.
Other Annual Cost Burden: $44,065.
Comments submitted in response to
this notice will be summarized and
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.
Authority: 44 U.S.C. 3506(c)(2)(A).
Dated: June 22, 2012.
George F. Triebsch,
Certifying Officer.
[FR Doc. 2012–15684 Filed 6–26–12; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:

Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and

SUMMARY:

PO 00000

Frm 00058

Fmt 4703

Sfmt 4703

30 CFR Part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before July 27, 2012.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: [email protected]. 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, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: George F. Triebsch,
Director, Office of Standards,
Regulations and Variances. Persons
delivering documents are required to
check in at the receptionist’s desk on
the 21st floor. Individuals may inspect
copies of the petitions 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:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
9447 (Voice), [email protected]
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
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

E:\FR\FM\27JNN1.SGM

27JNN1