1219-0152 60-Day FRN Published 3-31-2023

1219-0152 Published 60-Day FRN 3-21-2023.pdf

Periodic Medical Surveillance Examinations for Coal Miners

1219-0152 60-Day FRN Published 3-31-2023

OMB: 1219-0152

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Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Notices

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0152]

SUPPLEMENTARY INFORMATION:

Proposed Extension of Information
Collection; Periodic Medical
Surveillance Examinations for Coal
Miners

I. Background

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. 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 on the
information collection for Periodic
Medical Surveillance Examinations for
Coal Miners.
DATES: All comments must be received
MSHA’s Office of Standards,
Regulations, and Variances on or before
May 22, 2023.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
late, untimely filed comments will not
be considered.
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for docket number MSHA–2022–0057.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite
4E401, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment,
in keeping with the Department of
Labor’s COVID–19 policy. Special
health precautions may be required.
MSHA will post all comments as well
as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.

ddrumheller on DSK120RN23PROD with NOTICES1

SUMMARY:

FOR FURTHER INFORMATION CONTACT:

S. Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at MSHA.information.

VerDate Sep<11>2014

19:23 Mar 20, 2023

Jkt 259001

[email protected] (email); (202) 693–
9440 (voice); or (202) 693–9441
(facsimile). These are not toll-free
numbers.

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 of Labor 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 and metal and nonmetal
mines.
The Mine Act authorizes the National
Institute for Occupational Safety and
Health (NIOSH) to study the causes and
consequences of coal-related respiratory
disease, and in cooperation with MSHA,
to carry out a program for early
detection and prevention of
pneumoconiosis. NIOSH administers
the National Coal Workers’ Health
Surveillance Program, ‘‘Specifications
for Medical Examinations of
Underground Coal Miners,’’ as specified
in 42 CFR part 37 (Chest Radiographic
Examinations). 30 CFR 72.100 (Periodic
examinations) contains collection
requirements for these activities in
paragraphs (d) and (e).
30 CFR 72.100(d) requires that each
mine operator must develop and submit
a plan for NIOSH approval in
accordance with 42 CFR 37 for
providing miners with the required
periodic examinations specified in 30
CFR 72.100(a) and a roster specifying
the name and current address of each
miner covered by the plan.
30 CFR 72.100(e) requires that each
mine operator must post on the mine
bulletin board at all times the approved
plan for providing the examinations
specified in 72.100(a).
30 CFR 72.100(d) and (e) are
requirements that mirror NIOSH
information collection requirements
under 42 CFR 37.4 (Chest radiographic
examinations conducted by the
Secretary) (existing OMB No. 0920–
0020)). Including these requirements
allows MSHA to use its inspection and
enforcement authority to ensure that
operators comply with these provisions.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection. MSHA is particularly
interested in comments that:

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Sfmt 4703

• 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 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.
The information collection request
will be available on https://
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 DOL–MSHA,
201 12th South, Suite 4E401, Arlington,
VA 22202–5452. Sign in at the
receptionist’s desk on the 4th floor via
the East elevator. Before visiting MSHA
in person, call 202–693–9455 to make
an appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
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
This information collection request
concerns provisions for Periodic
Medical Surveillance Examinations for
Coal Miners. MSHA has updated the
data with respect to the number of
respondents, responses, burden hours,
and burden costs supporting this
information collection request from the
previous information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0152.
Affected Public: Business or other forprofit.
Number of Respondents: 664.
Frequency: On occasion.
Number of Responses: 797.

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Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Notices
Annual Burden Hours: 310 hours.
Annual Respondent or Recordkeeper
Cost: $239.
The decrease in the number of
respondents, response, burden hours
and respondent or recordkeeper cost is
due to the decrease in respondents.
Comments submitted in response to
this notice will be summarized in the
request for Office of Management and
Budget approval of the proposed
information collection request; they will
become a matter of public record and
will be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2023–05721 Filed 3–20–23; 8:45 am]

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0024]

Proposed Extension of Information
Collection; Application for Waiver of
Surface Facilities Requirements
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. 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 on the
information collection for Application
for Waiver of Surface Facilities
Requirements.

SUMMARY:

All comments must be received
by the Office of Standards, Regulations,
and Variances on or before May 22,
2023.

ddrumheller on DSK120RN23PROD with NOTICES1

DATES:

Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
late, untimely filed comments will not
be considered.

VerDate Sep<11>2014

19:23 Mar 20, 2023

Jkt 259001

S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
[email protected]
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile). These are not tollfree numbers.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

BILLING CODE 4510–43–P

ADDRESSES:

• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2022–0074.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite
4E401, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment,
in keeping with the Department of
Labor’s COVID–19 policy. Special
health precautions may be required.
• MSHA will post all comments as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.

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, authorizes the Secretary of Labor 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 and metal and nonmetal
mines.
30 CFR 71.400 (Bathing facilities;
change rooms; sanitary flush toilet
facilities), 71.401 (Location of facilities),
71.402 (Minimum requirements for
bathing facilities, change rooms, and
sanitary flush toilet facilities) and
75.1712–1 (Availability of surface
bathing facilities; change rooms; and
sanitary facilities), 75.1712–2 (Location
of surface facilities), 75.1712–3
(Minimum requirements of surface
bathing facilities, change rooms, and
sanitary toilet facilities) require coal
mine operators to provide bathing
facilities, clothing change rooms, and
sanitary flush toilet facilities in a
location that is convenient for use of the
miners. If the operator is unable to meet
any or all of the requirements, the
operator may apply for a waiver. 71.403
(Waiver of surface facilities
requirements; posting of waiver), 71.404
(Application for waiver of surface
facilities requirements), 75.1712–4

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17025

(Waiver of surface facilities
requirements), and 75.1712–5
(Application for waiver of surface
facilities) provide procedures by which
an operator may apply for and be
granted a waiver. Applications must be
submitted to the MSHA District
Manager for the district in which the
mine is located and must contain the
name and address of the mine operator,
name and location of the mine, and a
detailed statement of the grounds on
which the waiver is requested.
Waivers for surface mines may be
granted by the District Manager for a
period not to exceed 1 year. If the
waiver is granted, surface mine
operators may apply for annual
extensions of the approved waiver.
Waivers for underground mines may be
granted by the District Manager for the
period of time requested by the
underground mine operator as long as
the circumstances that were used to
justify granting the waiver remain in
effect. Waivers are not transferable to a
successor coal mine operator.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Application for
Waiver of Surface Facilities
Requirements. 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 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.
The information collection request
will be available on https://
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 DOL–MSHA,
Office of Standards, Regulations, and

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File Created2023-03-21

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