Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petitions for Mine Safety Standard Modification

Dec 14, 2012 (FIND, Inc. via COMTEX) -- SUMMARY: The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, "Petitions for Mine Safety Standard Modification," to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

DATES: Submit comments on or before January 14, 2013.

ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain, on the day following publication of this notice or by contacting Michel Smyth by telephone at 202- 693-4129 (this is not a toll-free number) or sending an email to DOL_PRA_PUBLIC@dol.gov.

Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-MSHA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202- 395-6881 (this is not a toll-free number), email: OIRA_submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov.

Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: Federal Mine Safety and Health Act of 1977 section 101(c), 30 U.S.C. 811(c), provides that a mine operator or a representative of miners may petition the Secretary of Labor to modify the application of a mandatory safety standard. A petition for modification may be granted if the Secretary determines (1) that an alternative method of achieving the results of the standard exists and that it will guarantee, at all times, no less than the same measure of protection for the miners affected as that afforded by the standard or (2) that the application of the standard will result in a diminution of safety to the miners affected. Upon receipt of a petition, the MSHA publishes a notice in the Federal Register advising interested parties that they may provide comments or other relevant information on the proposed modification. Thereafter, the MSHA conducts an investigation to determine the merits of the petition for the purpose of deciding whether to grant the request and, if granted, whether there is a need for any additional terms or conditions.

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 it is approved by the OMB under the PRA 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 if it does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1219-0065. The current approval is scheduled to expire on January 31, 2013; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to- month extension while they undergo review. For additional information, see the related notice published in the Federal Register on August 3, 2012 (77 FR 46525).

Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register . In order to help ensure appropriate consideration, comments should mention OMB Control Number 1219-0065. The OMB is particularly interested in comments that: . Evaluate whether the proposed collection of information is necessary for the proper performance of the 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 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.

Agency: DOL-MSHA.

Title of Collection: Petitions for Mine Safety Standard Modification.

OMB Control Number: 1219-0065.

Affected Public: Private Sector--businesses or other for profits and not- for-profit institutions.

Total Estimated Number of Respondents: 80.

Total Estimated Number of Responses: 80.

Total Estimated Annual Burden Hours: 2,560.

Total Estimated Annual Other Costs Burden: $37,514.

Dated: December 10, 2012.

Michel Smyth, Departmental Clearance Officer.

[FR Doc. 2012-30200 Filed 12-13-12; 8:45 am] BILLING CODE 4510-43-P Vol. 77, No. 241 Notices

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