Petitions for Modification of Mandatory Safety Standards

OMB Control No: 1219-0065	ICR Reference No: 202201-1219-004
Status: Received in OIRA	Previous ICR Reference No: 201901-1219-008
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Petitions for Modification of Mandatory Safety Standards
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/12/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	56	68
Time Burden (Hours)	2,240	2,720
Cost Burden (Dollars)	28,545	24,916

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Abstract: The Department's regulations at 30 C.F.R. 44.9, 44.10, and 44.11 provide procedures by which a mine operator, representative of miners, or independent contractor may request relief from a mandatory safety standard.

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Authorizing Statute(s): US Code: 30 USC 813(h) Name of Law: Federal Mine Safety and Health Act of 1977    US Code: 30 USC 811(a) Name of Law: Federal Mine Safety and Health Act of 1977

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 70535	12/10/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 21669	04/12/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Petitions for Modification of Mandatory Safety Standards

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	56	68	0	0	-12	0
Annual Time Burden (Hours)	2,240	2,720	0	0	-480	0
Annual Cost Burden (Dollars)	28,545	24,916	0	0	3,629	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Due to a decrease in the number of respondents (68 to 56) resulting from a decrease in mine operators submitting petitions, there was also a decrease in responses (68 to 56), and a decrease in burden hours (from 2,720 to 2,240). The total cost burden to the mine operators increased (from $24,916 to $28,545) due to an increase in the wage rate for independent counsel.

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Annual Cost to Federal Government: $289,945

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Nicole Bouchet 202 646-2814 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 04/12/2022

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