Federal Register Date: 2026-03-25
Original Source: Read Full Notice
The Department of Labor (DOL), through the Mine Safety and Health Administration (MSHA), is seeking public comment on the extension of an existing information collection related to applications for waivers of surface sanitary facilities requirements at coal mines. This action is undertaken as part of DOL’s ongoing efforts to minimize paperwork and respondent burden, consistent with the Paperwork Reduction Act of 1995. The aim is to ensure that data requests are manageable, reporting burdens are minimized, collection instruments are clear, and the impact on respondents is properly assessed.
The information collection in question pertains to coal mine operators seeking a waiver from the requirements for surface sanitary facilities, as mandated by existing MSHA regulations. These regulations outline specific standards for providing adequate toilet, bathing, and changing facilities for miners working at surface coal mines. The waiver process allows operators to request an exemption from these requirements if they can demonstrate that alternative arrangements provide equivalent protection for the health and safety of miners.
The application for a waiver requires mine operators to submit detailed information to MSHA justifying their request. This information typically includes:
* A comprehensive description of the existing sanitary facilities at the mine site.
* A detailed explanation of why the existing facilities do not meet the regulatory requirements.
* A thorough description of the alternative arrangements proposed by the operator.
* Evidence demonstrating that the proposed alternative arrangements provide equivalent or superior protection for the health and safety of miners, compared to the standard regulatory requirements. This may include data on usage patterns, maintenance schedules, and worker feedback.
* Specific details regarding the location and accessibility of the alternative facilities for all miners working at the site.
* Documentation confirming that the alternative arrangements comply with all other applicable federal, state, and local regulations.
MSHA utilizes the information provided in the waiver application to evaluate whether the proposed alternative arrangements adequately protect the health and safety of miners. The agency considers factors such as the accessibility, cleanliness, and maintenance of the alternative facilities, as well as the potential impact on miners’ comfort and well-being. MSHA also consults with miners and their representatives to gather their input on the proposed waiver.
The purpose of this information collection is to enable MSHA to make informed decisions regarding waiver requests, ensuring that miners are provided with adequate sanitary facilities, even when alternative arrangements are in place. Without this information, MSHA would be unable to properly assess the potential impact of a waiver on miner health and safety, potentially leading to unsafe or unsanitary working conditions.
MSHA estimates the total burden hours associated with this information collection to be relatively low. This is because only a small percentage of coal mine operators typically apply for waivers of the surface sanitary facilities requirements. The agency believes that the benefits of collecting this information, in terms of protecting miner health and safety, outweigh the burden imposed on respondents.
As part of this proposed extension, MSHA is specifically soliciting comments on the following:
* Whether the proposed collection of information is necessary for the proper performance of MSHA’s functions, including whether the information will have practical utility.
* The accuracy of MSHA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.
* Ways to enhance the quality, utility, and clarity of the information to be collected.
* Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
MSHA is particularly interested in receiving comments from coal mine operators, miners, and their representatives, as well as other stakeholders who may be affected by the surface sanitary facilities requirements. All comments received will be carefully considered by MSHA in its final decision regarding the extension of this information collection. The agency will also summarize and respond to the comments in the final notice.
