[Federal Register: March 25, 1997 (Volume 62, Number 57)]
[Rules and Regulations]
[Page 13991]

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MINE SAFETY AND HEALTH ADMINISTRATION

30 CFR Part 3

OMB Control Numbers Under the Paperwork Reduction Act

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule; technical amendment.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is amending its regulations to display the control number approved by the Office of Management and Budget (OMB) for information collection required in the final rule for the Approval, Exhaust Gas Monitoring, and Safety Requirements for the Use of Diesel-Powered Equipment in Underground Coal Mines. The Paperwork Reduction Act requires agencies to display OMB control numbers for information collections. This notice fulfills MSHA's obligation.

EFFECTIVE DATE: March 24, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey , Director, Office of Standards, Regulations, and Variances, Mine Safety and Health Administration, 4015 Wilson Boulevard, Arlington, VA 22203-1984; 703- 235-1910 (voice); psilvey (internet e-mail); or 703-235-5551 (facsimile).

SUPPLEMENTARY INFORMATION: MSHA published a final rule presenting the OMB control numbers in a new table format which was codified in 30 CFR Part 3 on June 29, 1995 (60 FR 33719). This fulfilled the requirements of 44 U.S.C. 3507(f) of the Paperwork Reduction Act which prohibits an agency from engaging in a collection of information without displaying the control number obtained from OMB. The table lists the part and section numbers with information collection requirements and the corresponding OMB control numbers.

MSHA submitted new information collection requirements contained in parts 7 and 75 of the final rule on the approval, exhaust gas monitoring, and safety requirements for the use of diesel-powered equipment in underground coal mines for OMB review on October 22, 1996. The final rule was published on October 25, 1996. OMB approved the paperwork requirements under control number 1219-0119 on November 26, 1996.

MSHA has determined that public notice and comment is unnecessary in this technical amendment to rulemaking. Information collection requirements go through the public review process as part of the rule to which it applies. Likewise, the renewal of an OMB control number also requires public review. As a result, MSHA finds that there is "good cause'' under 5 U.S.C., 553 (b)(B) of the Administrative Procedure Act (APA) to issue this amendment to Table 1 in 30 CFR Part 3 without prior public notice and comment. MSHA has determined there is no need to delay the effective date because the technical amendment contains no new requirements for which the public would need time to plan compliance beyond that provided for in the regulation itself. MSHA finds, therefore, that there is ``good cause'' to except this action from the 30-day delayed effective date requirement under 5 U.S.C. 553 (d)(3) of the APA.

List of Subjects in 30 CFR Part 3

Reporting and recordkeeping requirements.

Dated: March 12, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Accordingly, under the authority of 30 U.S.C. 957, chapter I of title 30, Code of Federal Regulation is amended as set forth below.

PART 3--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

1. The authority citation for part 3 continues to read as follows:

Authority: 30 U.S.C. 957; 44 U.S.C. 3501-3520.

2. Table 1 in 3.1 is amended by adding the following sections and corresponding control numbers in numerical order:

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30 CFR citation OMB control No.
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7.83.......................................................
7.90.......................................................
7.97.......................................................
7.105......................................................
75.363.....................................................
75.371(r), (kk), (ll), (mm), (nn), (oo), and (pp)..........
75.1901(a).................................................
75.1904(b)(4)..............................................
75.1911(i) and (j).........................................
75.1912(h) and (i).........................................
75.1914(f), (g)(5), and (h)................................
75.1915(a), (b)(5), and (c)................................
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
1219-0119
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[FR Doc. 97-7480 Filed 3-24-97; 8:45 am]
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