Federal Register

80072

Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices
Signed at Washington, DC, this 15th day of
December 2010.
Michael L. Davis,
Deputy Assistant Secretary, Employee
Benefits Security Administration.

DEPARTMENT OF LABOR

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Employee Benefits Security
Administration
Advisory Council on Employee Welfare
and Pension Benefit Plans; Notice of
Charter Renewal

[FR Doc. 2010–31948 Filed 12–20–10; 8:45 am]

In accordance with section 512(a)(1)
of the Employee Retirement Income
Security Act of 1974 (ERISA) and the
provisions of the Federal Advisory
Committee Act and its implementing
regulations issued by the General
Services Administration (GSA), the
charter for the Advisory Council on
Employee Welfare and Pension Benefit
Plans is renewed.
The Advisory Council on Employee
Welfare and Pension Benefit Plans shall
advise the Secretary of Labor on
technical aspects of the provisions of
ERISA and shall provide reports and/or
recommendations each year on its
findings to the Secretary of Labor. The
Council shall be composed of fifteen
members appointed by the Secretary.
Not more than eight members of the
Council shall be of the same political
party. Three of the members shall be
representatives of employee
organizations (at least one of whom
shall be a representative of any
organization members of which are
participants in a multiemployer plan);
three of the members shall be
representatives of employers (at least
one of whom shall be a representative
of employers maintaining or
contributing to multiemployer plans);
three members shall be representatives
appointed from the general public (one
of whom shall be a person representing
those receiving benefits from a pension
plan); and there shall be one
representative each from the fields of
insurance, corporate trust, actuarial
counseling, investment counseling,
investment management, and
accounting.
The Advisory Council will report to
the Secretary of Labor. It will function
solely as an advisory body and in
compliance with the provisions of the
Federal Advisory Committee Act, and
its charter will be filed under the Act.
For further information, contact Larry I.
Good, Executive Secretary, Advisory
Council on Employee Welfare and
Pension Benefit Plans, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, telephone
(202) 693–8668.

DEPARTMENT OF LABOR

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Analysis Division, Office of Standards,
Regulations, and Variances, MSHA, at
distasio.mario@dol.gov (e-mail), 202–
693–9445 (voicemail), 202–693–9441
(facsimile).
SUPPLEMENTARY INFORMATION:

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I. Background

Mine Safety and Health Administration
[OMB Control No. 1219–0003]

Proposed Extension of Existing
Information Collection; Radiation
Sampling and Exposure Records
Mine Safety and Health
Administration.
ACTION: Notice of 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
and continuing 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 concerning the extension of
the information collection for Radiation
Sampling and Exposure Records, 30
CFR 57.5037 and 57.5040.
DATES: All comments must be received
by midnight Eastern Standard Time on
February 22, 2011.
ADDRESSES: Comments must be
identified clearly with the rule title and
may be submitted to MSHA by any of
the following methods:
(1) Electronic mail: zzMSHAComments@dol.gov.
(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
SUMMARY:

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Under the authority of Section 103 of
the Federal Mine Safety and Health Act
of 1977, MSHA is required to—
* * * issue regulations requiring operators
to maintain accurate records of employee
exposures to potentially toxic materials or
harmful physical agents which are required
to be monitored or measured under any
applicable mandatory health or safety
standard promulgated under this Act.

Airborne radon and radon daughters
exist in every uranium mine and can
exist in several other mining
commodities. Radon is radioactive gas.
It diffuses into the underground mine
atmosphere through the rock and the
ground water. Radon decays in a series
of steps into other radioactive elements,
which are solids, called radon
daughters. Radon and radon daughters
are invisible and odorless. Decay of
radon and its daughters results in
emissions of alpha energy. Medical
doctors and scientists have associated
high radon daughter exposures with
lung cancer. The health hazard arises
from breathing air contaminated with
radon daughters which are in turn
deposited in the lungs. The lung tissues
are sensitive to alpha radioactivity.
Standard 30 CFR 57.5037 establishes
the procedures to be used by the mine
operator in sampling mine air for the
presence and concentrations of radon
daughters. Operators are required to
conduct weekly sampling where
concentrations of radon daughters
exceed 0.3 working levels (WL).
Sampling is required bi-weekly where
uranium mines have readings of 0.1 WL
to 0.3 WL and every 3 months in nonuranium underground mines where the
readings are 0.1 WL to 0.3 WL. Mine
operators are required to make a record
of the sampling and retain it for 2 years.
Standard 30 CFR 57.5040 requires
mine operators to calculate, record, and
report to MSHA individual exposures to
radon daughters on MSHA Form 4000–
9 ‘‘Record of Individual Exposure to
Radon Daughters’’. The calculations are
based on the results of the weekly
sampling required by 30 CFR 57.5037.
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

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Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices
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.

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III. Current Actions
This notice contains a request for
public comment on the extension of the
information collection for existing
notification, recordkeeping, and
reporting provisions for radiation
sampling and exposure records. 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: 1219–0003.
Frequency: On Occasion.
Affected Public: Business or other forprofit.
Cost to Federal Government: $747.
Total Burden Respondents: 5.
Total Number of Responses: 255.
Total Burden Hours: 502 hours.
Total Hour Burden Cost: $17,018.
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.

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Dated: December 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2010–31815 Filed 12–20–10; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Wage and Hour Division
RIN 1235–ZA00

Reasonable Break Time for Nursing
Mothers
Wage and Hour Division,
United States Department of Labor.
ACTION: Request for Information from
the public.
AGENCY:

This notice is a request for
information from the public regarding
the recent amendment to the Fair Labor
Standards Act (FLSA) that requires
employers to provide reasonable break
time and a place for nursing mothers to
express breast milk for one year after
their child’s birth. The Department of
Labor (‘‘the Department’’) administers
and enforces the FLSA through its Wage
and Hour Division. Contained in this
notice are the Department’s preliminary
interpretations of the new break time
amendment to the FLSA. The
Department seeks information and
comments for its review on various
issues addressed in this notice, as it
considers how best to help employers
and employees understand the
requirements of the break time for
nursing mothers law.
The break time requirement that is
now part of the FLSA is set forth in
Section 4207 of the Patient Protection
and Affordable Care Act, Public Law
111–148 (‘‘Affordable Care Act’’). The
provision requires employers to provide
‘‘reasonable break time for an employee
to express breast milk for her nursing
child for 1 year after the child’s birth
each time such employee has need to
express the milk.’’ Employers are also
required to provide ‘‘a place, other than
a bathroom, that is shielded from view
and free from intrusion from coworkers
and the public, which may be used by
an employee to express breast milk.’’ See
29 U.S.C. 207(r).
The break time requirement became
effective when the Affordable Care Act
was signed into law on March 23, 2010.
To assist employers with complying
with the new law, the Department has
issued Wage and Hour Fact Sheet #73:
‘‘Break Time for Nursing Mothers under
the FLSA’’ at http://www.dol.gov/whd/
regs/compliance/whdfs73.pdf. The
Department has also posted Frequently

SUMMARY:

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80073

Asked Questions (FAQs) on its Web site
that reiterate the information provided
in the Fact Sheet in a different format.
Until the Department issues final
guidance, the Department’s enforcement
will be based on the statutory language
and the guidance provided in WHD Fact
Sheet #73 and the associated FAQs.
Employers, employees, and other
stakeholders have requested additional
guidance from the Department about the
law’s requirements and the Department
wants to provide an opportunity for the
public to submit information and
comments for its consideration. The
Department will consider the
information and comments received in
response to this Request for Information
in formulating further guidance for the
regulated community on complying
with the new break time requirement.
Until any such further guidance is
issued, the RFI provides useful
information for employers to consider in
establishing policies for nursing
employees.
At this time, the Department does not
plan to issue regulations implementing
this provision. Because of the wide
variety of workplace environments,
work schedules, and individual factors
that will impact the number and length
of breaks required by a nursing mother,
as well as the manner in which an
employer complies with break time
requirement, the Department believes
that regulations may not be the most
useful or effective means for providing
initial guidance to employers and
employees. If, however, based on its
experience administering and enforcing
the break time requirement and the
comments received in response to this
Request for Information, the Department
determines that regulations are
necessary, it will initiate rulemaking at
that time.
This Request for Information contains
the Department’s preliminary
interpretations of the law’s
requirements. The Department’s
identification of key issues related to the
law and the development of this
Request for Information have been
informed by the Department’s meetings
and discussions with various
stakeholders, including employer
organizations and representatives,
public health and women’s
organizations, state agencies that have
experience administering state laws
concerning workplace lactation, and
individuals and businesses that have
contacted the Department with
questions about the new law. The
Department looks forward to continuing
to receive input and invites the public
to comment on the break time
requirement generally and on the

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