30-day FRN (1219-0142) published

30-day FRN (1219-0142) published.pdf

Sealing of Abandoned Areas

30-day FRN (1219-0142) published

OMB: 1219-0142

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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Sealing of
Abandoned Areas
Notice of availability; request
for comments.

ACTION:

SUMMARY: The Department of Labor
(DOL) is submitting this Mining Safety
and Health Administration (MSHA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before December 7, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Anthony May by telephone at 202–693–
4129 (this is not a toll-free number) or
by email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: MSHA’s
standards for sealing abandoned areas in
underground coal mines include
requirements addressing the design and
construction of new seals and the
examination, maintenance, and repair of
all seals. Section 75.335(b) sets forth
procedures for the approval of seal
design applications. Section 75.335(c)
requires the submission and
certification of information for seal

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installation. Section 75.336(a)(2)
requires the mine operator to evaluate
the atmosphere in the sealed area to
determine whether sampling through
the sampling pipes in seals provides
appropriate sampling locations of the
sealed area. The mine operator will
make an evaluation for each area that
has seals. Section 75.336(c) requires that
when a sample is taken from the sealed
atmosphere with seals of less than 120
psi and the sample indicates that the
oxygen concentration is 10 percent or
greater and methane is between 4.5
percent and 17 percent, the mine
operator must immediately take an
additional sample and then immediately
notify the District Manager.
Section 75.336(e) requires a certified
person to record each sampling result,
including the location of the sampling
points and the oxygen and methane
concentrations. Also, any hazardous
conditions found must be corrected and
recorded in accordance with existing
section 75.363. Section 75.337(c)(1)–
(c)(5) requires a certified person to
perform several tasks during seal
construction and repair and certify that
the tasks were done in accordance with
the approved ventilation plan. In
addition, a mine foreman or equivalent
mine official must countersign the
record. Section 75.337(d) requires a
senior mine management official, such
as a mine manager or superintendent, to
certify that the construction,
installation, and materials used were in
accordance with the approved
ventilation plan. Section 75.337(e)
requires the mine operator to notify
MSHA of certain activities concerning
the construction of seals. Section
75.337(e)(1) requires the mine operator
to notify the District Manager between
2 and 14 days prior to commencement
of seal construction. Section
75.337(e)(2) requires the mine operator
to notify the District Manager, in
writing, within 5 days of completion of
a set of seals and provide a copy of the
certifications required in section
75.337(d). Section 75.337(e)(3) requires
the mine operator to submit a copy of
the quality control test results for seal
material properties specified by section
75.335 within 30 days of completion of
such tests. Section 75.337(g)(3) requires
the mine operator to label sampling
pipes to indicate the location of the
sampling point when the mine operator
installs more than one sampling pipe
through a seal. Section 75.338(a)
requires mine operators to certify that
persons conducting sampling were
trained in the use of appropriate
sampling equipment, techniques, the
location of sampling points, the

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frequency of sampling, the size and
condition of sealed areas, and the use of
continuous monitoring systems, if
applicable, before they conduct
sampling, and annually thereafter.
Section 75.338(b) requires mine
operators to certify that miners
constructing or repairing seals,
designated certified persons, and senior
mine management officials were trained
prior to constructing or repairing a seal
and annually thereafter. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on July 27, 2020 (85 FR
45241).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–MSHA.
Title of Collection: Sealing of
Abandoned Areas.
OMB Control Number: 1219–0142.
Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 177.
Total Estimated Number of
Responses: 47,194.
Total Estimated Annual Time Burden:
4,870 hours.
Total Estimated Annual Other Costs
Burden: $709,972.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Dated: November 2, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020–24656 Filed 11–5–20; 8:45 am]
BILLING CODE 4510–43–P

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