Published 60-DAY FRN

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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices

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: March 31, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014–07756 Filed 4–7–14; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0127]

Proposed Extension of Information
Collection; Certification and
Qualification To Examine, Test, and
Operate Hoists and Perform Other
Duties
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

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
collections of information in accordance
with the Paperwork Reduction Act of
1995, 44 U.S.C. 3506(c)(2)(A). 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
(MSHA) is soliciting comments on the
information collection for Qualification/
Certification Program and Man Hoist
Operators Physical Fitness.
DATES: All comments must be received
on or before June 9, 2014.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number [MSHA–
2013–0051].
• Regular Mail: Send comments to
MSHA, Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Room 2350,
Arlington, VA 22209–3939.
• Hand Delivery: MSHA, 1100 Wilson
Boulevard, Room 2350, Arlington, VA.

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SUMMARY:

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Sign in at the receptionist’s desk on the
21st floor.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
[email protected]
(email); 202–693–9440 (voice); or 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. 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(a) 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.
Under section 103(a), authorized
representatives of the Secretary of Labor
or Secretary of Health and Human
Services must make frequent
inspections and investigations in coal or
other mines each year for the purpose
of, among other things, gathering
information with respect to mandatory
health or safety standards.
Under 30 CFR 75.159 and 77.106 coal
mine operators are required to maintain
a list of persons who are certified and/
or qualified to perform duties under
Parts 75 and 77, such as conduct
examinations for hazardous conditions,
conduct tests for methane and oxygen
deficiency, conduct tests of air flow,
perform electrical work, repair
energized surface high-voltage lines,
and perform duties of hoisting engineer.
The recorded information is necessary
to ensure that only persons who are
properly trained and have the required
number of years of experience are
permitted to perform these duties.
MSHA does not specify a format for the
recordkeeping; however, it normally
consists of the names of the certified
and qualified persons listed in two
columns on a sheet of paper. One
column is for certified persons and the
other is for qualified persons.
Sections 75.100 and 77.100 pertain to
the certification of certain persons to
perform specific examinations and tests.
Sections 75.155 and 77.105 outline the
requirements necessary to be qualified
as a hoisting engineer or hoistman. Also,
under Sections 75.160, 75.161, 77.107
and 77.107–1, the mine operator must
have an approved training plan
developed to train and retrain the
qualified and certified persons to
effectively perform their tasks.

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These standards recognize State
certification and qualification programs.
However, where State programs are not
available, MSHA may certify and
qualify persons.
Under this program MSHA will
continue to qualify or certify
individuals as long as these individuals
meet the requirements for certification
or qualification, fulfill any applicable
retraining requirements, and remain
employed at the same mine or by the
same independent contractor.
Applications for Secretarial
qualification or certification are
submitted to the MSHA Qualification
and Certification Unit in Denver,
Colorado. MSHA Form 5000–41, Safety
& Health Activity Certification or
Hoisting Engineer Qualification Request
provides the coal mining industry with
a standardized reporting format that
expedites the certification and
qualification process while ensuring
compliance with the regulations. MSHA
uses the form’s information to
determine if applicants satisfy the
requirements to obtain the certification
or qualification sought. Persons must
meet certain minimum experience
requirements depending on the type of
certification or qualification.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Qualification/
Certification Program and Man Hoist
Operators Physical Fitness. 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
• 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.
This information collection request is
available on http://www.msha.gov/regs/
fedreg/informationcollection/
informationcollection.asp. The
information collection request will be
available on MSHA’s Web site and on

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Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Notices
http://www.regulations.gov. MSHA
cautions the commenter against
providing any information in the
submission that should not be publicly
disclosed. Full comments, including
personal information provided, will be
made available on www.regulations.gov
and www.reginfo.gov.
The public may also examine publicly
available documents at MSHA, 1100
Wilson Boulevard, Room 2350,
Arlington, VA. Sign in at the
receptionist’s desk on the 21st floor.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
III. Current Actions

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This request for collection of
information contains provisions for
Certification and Qualification to
Examine, Test, and Operate Hoists and
Perform Other Duties Under parts 75
and 77. MSHA has updated the data in
respect to the number of respondents,
responses, burden hours, and burden
costs supporting this information
collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0127.
Affected Public: Business or other forprofit.
Number of Respondents: 1,232.
Frequency: On occasion.
Number of Responses: 5,659.
Annual Burden Hours: 548 hours.
Annual Respondent or Recordkeeper
Cost: $71.
MSHA Forms: MSHA Form 5000–41,
Safety & Health Activity Certification or
Hoisting Engineer Qualification
Request.
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.
Dated: March 31, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014–07762 Filed 4–7–14; 8:45 am]
BILLING CODE 4510–43–P

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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
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 May 8, 2014.
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: Sheila McConnell,
Acting 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:
SUMMARY:

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

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19391

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 protection afforded
the miners of such mine by such
standard; or
2. That the application of such
standard to such mine will result in a
diminution of safety to the miners in
such mine.
In addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2014–005–C.
Petitioner: Brody Mining, LLC, Three
Gateway Center, 401 Liberty Avenue,
Suite 1500, Pittsburgh, Pennsylvania
15222–1000.
Mine: Brody Mine, No. 1, MSHA I.D.
No. 46–09086, located in Boone Greene
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment may be used. Such
nonpermissible surveying equipment
includes portable battery-operated total
station surveying equipment, mine
transits, distance meters, and data
loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined prior to use to ensure the
equipment is being maintained in a safe
operating condition. These

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