1219-0065 60-Day FRN Published 10-23-2024

Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
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 https://
www.regulations.gov and https://
www.reginfo.gov.
The public may also examine publicly
available documents at DOL–MSHA,
Office of Standards, Regulations and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Sign in at the receptionist’s desk on the
4th Floor via the West elevator. Before
visiting MSHA in person, call 202–693–
9455 to make an appointment.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.

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III. Current Actions
This information collection request
concerns provisions for Safety
Standards for Roof Bolts in Metal and
Nonmetal Mines and Underground Coal
Mines. MSHA has updated the data
with respect to the number of
respondents, responses, time burden,
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: 1219–0121.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 484.
Frequency: On occasion.
Number of Annual Responses: 79,167.
Annual Time Burden: 740 hours.
Annual Other Burden Costs: $0.
Comments submitted in response to
this notice will be summarized and
included 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 be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2024–24500 Filed 10–22–24; 8:45 am]
BILLING CODE 4510–43–P

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84629

DEPARTMENT OF LABOR

I. Background

Mine Safety and Health Administration

A. Legal Authority
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) as amended, 30 U.S.C. 813(h),
authorizes the Mine Safety and Health
Administration (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 of Labor (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, metal and nonmetal
mines.

Proposed Extension of Information
Collection; Petitions for Modification of
Mandatory Safety Standards
[OMB Control No. 1219–0065]

Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor
(DOL), 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.
The Mine Safety and Health
Administration (MSHA) is soliciting
comments on the information collection
entitled Petitions for Modification of
Mandatory Safety Standards.
DATES: All comments must be received
on or before December 23, 2024.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
late comments received after the
deadline will not be considered.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2024–0028.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment.
• 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.
SUMMARY:

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

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B. Information Collection
In order to fulfill the statutory
mandates to promote miners’ health and
safety, MSHA requires the collection of
information under the information
collection request entitled Petitions for
Modification of Mandatory Safety
Standards. The information collection is
intended to ensure the merits of the
petition for the purpose of deciding
whether or not to grant it and, if
granted, whether there is a need for any
additional terms or conditions.
If a mine operator, or a representative
of miners at a mine, wishes to modify
the requirements of an existing MSHA
safety standard to achieve the purpose
of the standard by means different than
those required by the standard, they
may petition the requirement. The
petitioning party would be responsible
for proposing an alternative that is
proven to be at least as safe for miners
as the mandatory requirement. MSHA
will grant a petition for modification if
the agency determines that the
requested alternative provides miners at
least the same level of protection as the
existing standard. Under 30 CFR part
44, the procedures and rules of practice
are set forth to govern petitions for
modification of mandatory safety
standards filed under section 101(c) of
the Mine Act.
1. Prepare and File Petition for
Modification
In order to meet the requirements of
the petition for modification, mine
operators, or representative of the
miners, must file the petition with
MSHA and serve a copy of the petition
to the other party, either the
representative of the miners, or the mine
operator. The petition must include a
statement about the modification,
proposed alternative, or that the
requirement diminishes the safety of
miners at the site and any facts

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84630

Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices

substantiating that the petition is
warranted.
Under 30 CFR 44.10, a petition for
modification of the application of a
mandatory safety standard under
section 101(c) of the Mine Act may be
filed only by the mine operator of the
affected mine or any representative of
the miners at such mine. All petitions
must be in writing and must be filed
with the Director, Office of Standards,
Regulations, and Variances. If the
petition is filed by a mine operator, a
copy of the petition must be served by
the mine operator upon a representative
of miners at the affected mine. If the
petition is filed by a representative of
the miners, a copy of the petition must
be served by the representative of
miners upon the mine operator. Service
must be accomplished personally or by
registered or certified mail, return
receipt requested.
Under 30 CFR 44.11(a), a petition for
modification must contain:
(i) The petitioner’s name and address;
(ii) The mailing address and mine
identification number of the mine or
mines affected;
(iii) The mandatory safety standard to
which the petition is directed;
(iv) A concise statement of the
modification requested and whether the
petitioner proposes to establish an
alternate method in lieu of the
mandatory safety standard, or alleges
that application of the standard will
result in diminution of safety to the
miners affected, or requests relief based
on both grounds;
(v) A detailed statement of the facts
that show the grounds upon which a
modification is claimed or warranted;
and,
(vi) Identification of any
representative of the miners at the
affected mine, if the petitioner is a mine
operator.

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2. Post Petition for Modification
It is important for all miners to be
aware of potential modifications. Under
30 CFR 44.9, a mine operator must,
when there is no representative of
miners, post a copy of each petition for
modification concerning the mine on
the mine bulletin board and must
maintain the posting until a ruling on
the petition becomes final.
3. MSHA Publish Public Notice of
Petition for Modification
Based on who initiated the
modification, MSHA will notify all
applicable parties and publish the
modification for public awareness.
Under 30 CFR 44.12(a), within 15 days
from the filing of a petition for
modification, MSHA will give notice of

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the petition to each known
representative of miners or the operator
of the affected mine, as appropriate, and
shall publish notice of the petition in
the Federal Register.
4. MSHA Publishing Final Action
Granting Petition for Modification
Final decisions on modifications,
including any reasoning, are published
so that all stakeholders are aware of the
outcome. Under 30 CFR 44.5(a), every
final action granting a petition for
modification must be published in the
Federal Register. Every such final
action published must specify the
statutory grounds upon which the
modification is based and a summary of
the facts which warranted the
modification.
5. Post Final Action Granting Petition
for Modification
The final decision must be made
available to miners, once available.
Under 30 CFR 44.5(b), every final action
or a summary thereof granting a petition
for modification must be posted by the
operator on the mine bulletin board at
the affected mine and remain posted as
long as the modification is effective. If
a summary of the final action is posted
on the mine bulletin board, a copy of
the full decision must be kept at the
affected mine office and made available
to the miners.
The process of preparing, submitting,
reviewing, and granting petitions for a
petition for modification is:
Step 1: A mine operator, a
representative of miners, or a third party
prepares and files a petition for
modification to MSHA.
Step 2: The mine operator or
representative of miners serves petition
for modification to the other party.
(a) If the petition is filed by a mine
operator, a copy of the petition must be
served by the mine operator upon a
representative of miners at the affected
mine.
(b) If the petition is filed by a
representative of the miners, a copy of
the petition must be served by the
representative of miners upon the mine
operator.
Step 3: The mine operator posts a
copy of the petition for modification on
the mine bulletin board.
Step 4: MSHA conducts an initial
review.
Step 5: MSHA publishes a notice of
the petition for modification in the
Federal Register.
Step 6: MSHA conducts an
investigation.
Step 7: MSHA reviews the petition for
modification.
Step 8: MSHA takes a final action and
determines whether to grant a petition

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for modification. If granted, MSHA
publishes a final action in the Federal
Register.
Step 9: The mine operator posts final
action granting a petition for
modification at the mine bulletin board.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection entitled Petitions for
Modification of Mandatory Safety
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 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 https://
www.regulations.gov and https://
www.reginfo.gov.
The public may also examine publicly
available documents at DOL–MSHA,
Office of Standards, Regulations and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Sign in at the receptionist’s desk on the
4th Floor via the West elevator. Before
visiting MSHA in person, call 202–693–
9455 to make an appointment.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.
III. Current Actions
This information collection request
concerns provisions for Petitions for
Modification of Mandatory Safety
Standards. MSHA has updated the data
with respect to the number of
respondents, responses, time burden,
and burden costs supporting this

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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
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: 1219–0065.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 46.
Frequency: On occasion.
Number of Annual Responses: 164.
Annual Time Burden: 1,501 hours.
Annual Other Burden Costs: $24,830.
Comments submitted in response to
this notice will be summarized and
included 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 be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2024–24496 Filed 10–22–24; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration

I. Background

[OMB Control No. 1219–0135]

A. Legal Authority
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), as amended, 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 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.

Proposed Extension of Information
Collection; Health Standards for Diesel
Particulate Matter Exposure
(Underground Metal and Nonmetal
Mines)
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor
(DOL), 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.
The Mine Safety and Health
Administration (MSHA) is soliciting
comments on the information collection
entitled Health Standards for Diesel
Particulate Matter.
DATES: All comments must be received
on or before December 23, 2024.
SUMMARY:

khammond on DSKJM1Z7X2PROD with NOTICES

Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
late comments received after the
deadline will not be considered.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2024–0032.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment.
• 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.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at MSHA.information
.collections@dol.gov (email); (202) 693–
9440 (voice); or (202) 693–9441
(facsimile). These are not toll-free
numbers.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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B. Information Collection
In order to fulfill the statutory
mandates to promote miners’ health and
safety MSHA requires the collection of
information under the information
collection request entitled Health
Standards for Diesel Particulate Matter
Exposure (Underground Metal and
Nonmetal Mines). The information
collection addressed by this notice is
intended to ensure diesel particulate
matter levels in metal and nonmetal
(MNM) mines are kept at acceptable
levels and do not expose miners to
explosive or other hazardous
conditions.
Diesel particulate matter (DPM) is a
carcinogen that consists of tiny particles

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84631

present in diesel engine exhaust that
can penetrate into the lungs. Despite
ventilation, the confined underground
mine work environment may contribute
to significant concentrations of particles
produced by equipment used in the
mine. Underground miners are exposed
to higher concentrations of DPM than
any other occupational group. As a
result, they face a greater risk of
developing diseases such as lung
cancer, heart failure, serious allergic
responses, and other cardiopulmonary
problems.
The DPM regulations established a
permissible exposure limit (PEL) of 160
micrograms of total carbon per cubic
meter of air (mg/m3), which is a
surrogate for measuring a miner’s
exposure to DPM. Under 30 CFR
57.5060(b)(3), a miner’s personal
exposure to DPM in an underground
mine must not exceed an average eighthour equivalent full shift airborne
concentration of 160TC mg/m3. Other
DPM regulations include a number of
other requirements for the protection of
miners’ health. The DPM regulations
contain information collection
requirements for underground MNM
mine operators under 30 CFR 57.5060,
57.5065, 57.5066, 57.5070, 57.5071, and
57.5075.
1. Provide Miner With Medical
Determination for Respirator Use
1–1. Respirator Training and Fitting
Due to the potential safety and health
risks associated with exposure to DPM,
controls must be used effectively to
reduce exposure below the PEL.
However, if exposure levels of DPM
cannot feasibly be decreased below the
PEL, they must be lowered as much as
possible, and respiratory protection
must be provided as a supplement to
protect miners.
Under 30 CFR 57.5060(d), mine
operators must install, use, and
maintain feasible engineering and
administrative controls to reduce a
miner’s exposure to or below the
applicable DPM PEL. When controls do
not reduce a miner’s DPM exposure to
the PEL, controls are infeasible, or
controls do not produce significant
reductions in DPM exposures, controls
must be used to reduce the miner’s
exposure to as low a level as feasible
and must be supplemented with
respiratory protection in accordance
with 30 CFR 57.5005(a), (b), and
paragraphs (d)(1) through (d)(8) of this
section.
When respiratory protection is
required, mine operators must establish
a respiratory protection program that
complies with MSHA’s respiratory

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