1219-0025 60-Day FRN Published 7-3-2025

Federal Register / Vol. 90, No. 126 / Thursday, July 3, 2025 / Notices

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more specifically described in Section 2
below.
Section 2
I determine that the following area in
the vicinity of the United States border,
located in the State of Texas within the
U. S. Border Patrol Rio Grande Valley
Sector, is an area of high illegal entry
(the ‘‘project area’’):
• Starting at a point that is on the
United States’ side of the Rio Grande
River which point is located
approximately eight-tenths (0.8) of a
mile west of the intersection of Palm
Boulevard and Mexico Boulevard near
Brownsville, Texas, and following the
Rio Grande River on the United States’
side of the border for approximately 20
miles.
There is presently an acute and
immediate need to construct additional
physical barriers and roads in the
vicinity of the border of the United
States in order to prevent unlawful
entries into the United States in the
project area pursuant to section 102(a)
of IIRIRA. In order to ensure the
expeditious construction of additional
physical barriers and roads in the
project area, I have determined that it is
necessary that I exercise the authority
that is vested in me by section 102(c) of
IIRIRA.
Accordingly, pursuant to section
102(c) of IIRIRA, I hereby waive in their
entirety, with respect to the
construction of physical barriers and
roads (including, but not limited to,
accessing the project areas, creating and
using staging areas, the conduct of
earthwork, excavation, fill, and site
preparation, drainage and erosion
control, and installation and upkeep of
physical barriers and roads) in the
project area, all of the following statutes,
including all federal, state, or other
laws, regulations, and legal
requirements of, deriving from, or
related to the subject of, the following
statutes, as amended: The National
Environmental Policy Act (Pub. L. 91–
190, 83 Stat. 852 (Jan. 1, 1970) (42
U.S.C. 4321 et seq.)); the Endangered
Species Act (Pub. L. 93–205, 87 Stat.
884 (Dec. 28, 1973) (16 U.S.C. 1531 et
seq.)); the Federal Water Pollution
Control Act (commonly referred to as
the Clean Water Act (33 U.S.C. 1251 et
seq.)); the National Historic Preservation
Act (Pub. L. 89–665, 80 Stat. 915 (Oct.
15, 1966), as amended, repealed, or
replaced by Pub. L. 113–287 (Dec. 19,
2014) (formerly codified at 16 U.S.C.
470 et seq., now codified at 54 U.S.C.
100101 note and 54 U.S.C. 300101 et
seq.)); the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.); the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.);

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the Clean Air Act (42 U.S.C. 7401 et
seq.); the Archeological Resources
Protection Act (Pub. L. 96–95 (16 U.S.C.
470aa et seq.)); the Paleontological
Resources Preservation Act (16 U.S.C.
470aaa et seq.); the Federal Cave
Resources Protection Act of 1988 (16
U.S.C. 4301 et seq.); the National Trails
System Act (16 U.S.C. 1241 et seq.), the
Safe Drinking Water Act (42 U.S.C. 300f
et seq.); the Noise Control Act (42 U.S.C.
4901 et seq.); the Solid Waste Disposal
Act, as amended by the Resource
Conservation and Recovery Act (42
U.S.C. 6901 et seq.); the Comprehensive
Environmental Response,
Compensation, and Liability Act (42
U.S.C. 9601 et seq.); the Archaeological
and Historic Preservation Act (Pub. L.
86–523, as amended, repealed, or
replaced by Pub. L. 113–287 (Dec. 19,
2014) (formerly codified at 16 U.S.C.
469 et seq., now codified at 54 U.S.C.
312502 et seq.)); the Antiquities Act
(formerly codified at 16 U.S.C. 431 et
seq. and 16 U.S.C. 431a et seq., now
codified 54 U.S.C. 320301 et seq.); the
Historic Sites, Buildings, and
Antiquities Act (formerly codified at 16
U.S.C. 461 et seq., now codified at 54
U.S.C. 320301–320303 & 320101–
320106); the Eagle Protection Act (16
U.S.C. 668 et seq.); the Native American
Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.); the
Administrative Procedure Act (5 U.S.C.
551 et seq.); Section 438 of the Energy
Independence and Security Act (42
U.S.C. 17094); the National Fish and
Wildlife Act of 1956 (Pub. L. 84–1024
(16 U.S.C. 742a, et seq.)); the Fish and
Wildlife Coordination Act (Pub. L. 73–
121 (16 U.S.C. 661 et seq.)); the Wild
and Scenic Rivers Act (Pub. L. 90–542
(16 U.S.C. 1281 et seq.)); the Farmland
Protection Policy Act (7 U.S.C. 4201 et
seq.); the National Wildlife Refuge
System Administration Act (Pub. L. 89–
669 (16 U.S.C. 668dd–668ee)); the
National Wildlife Refuge System
Improvement Act of 1997 (Pub. L. 105–
57); the Wild Horse and Burro Act (16
U.S.C. 1331 et seq.); the Rivers and
Harbors Act of 1899 (33 U.S.C. 403 et
seq.); the Coastal Zone Management Act
(Pub. L. 92–583 (16 U.S.C. 1451 et seq.));
the Federal Insecticide, Fungicide, and
Rodenticide Act, (16 U.S.C. 136—136y);
and the Marine Mammal Protection (16
U.S.C. 1361–1421h).
This waiver does not revoke or
supersede any other waiver
determination made pursuant to section
102(c) of IIRIRA. Such waivers shall
remain in full force and effect in
accordance with their terms. I reserve
the authority to execute further waivers
from time to time as I may determine to

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29575

be necessary under section 102 of
IIRIRA.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025–11755 Filed 7–2–25; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0025]

Proposed Extension of Information
Collection: Applications for Permits To
Fire More than 20 Boreholes and for
Use of Nonpermissible Blasting Units,
Explosives, and Shot-Firing Units; and
Posting Notices of Misfires
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 for all information
collections, to provide the 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 titled ‘‘Applications for
Permits to Fire More than 20 Boreholes
and For Use of Nonpermissible Blasting
Units, Explosives, and Shot-firing Units;
and Posting Notices of Misfires’’.
DATES: All comments must be received
on or before September 2, 2025.
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–
2025–0035.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
SUMMARY:

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29576

Federal Register / Vol. 90, No. 126 / Thursday, July 3, 2025 / Notices

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:
Jessica Senk, Acting 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:
I. Background

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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.
The Paperwork Reduction Act of 1995
(PRA) governs paperwork burdens
imposed by Federal agencies on the
public for using identical questions to
collect information from 10 or more
persons. The PRA defines paperwork
burden in 44 U.S.C. 3502(2) as time,
effort, or financial resources expended
to generate, maintain, or provide
information to or for a Federal agency.
Under 44 U.S.C. 3507, the PRA also
establishes policies and procedures of
information collection for controlling
paperwork burdens imposed by Federal
agencies on the public, including
evaluating public comments.
B. Information Collection
To fulfill the statutory mandates to
promote miners’ health and safety,
MSHA requires information collected
under the information collection request
(ICR) titled ‘‘Applications for Permits to
Fire more than 20 Boreholes and for Use
of Nonpermissible Blasting Units,
Explosives, and Shot-Firing Units; and
Posting Notices of Misfires.’’ The
information collection is intended to
provide necessary information for
MSHA to issue permits to mine
operators for firing of more than 20
boreholes in a round, for the use of
nonpermissible explosives and shot-

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firing units, and for necessary posting of
misfire notices. The permits inform
mine management and miners of the
steps that need to be taken to protect the
safety of any person exposed to such
blasting while using nonpermissible
items.
Under section 313 of the Mine Act, 30
U.S.C. 873, any explosives used in
underground coal mines must be
permissible. The Mine Act also provides
that under safeguards as the Secretary
may prescribe, the Secretary may permit
mine operators to fire more than 20
shots and allow the use of
nonpermissible explosives and shotfiring units in sinking shafts and slopes
from the surface in rock. In the case of
a misfire, mines must post notices at the
entrance of the areas where the misfire
occurred.
Burden costs associated with the ICR
include:
1. Applying for permits to fire more
than 20 boreholes or for use of
nonpermissible blasting units,
explosives, and shot-firing units; and
2. Posting of misfire notices.
Details of the authorities for these
costs are described below.
1. Applying for Permits for Firing More
Than 20 Boreholes and for Use of
Nonpermissible Blasting Units,
Explosives, and Shot-Firing Units
Under 30 CFR 75.1321(a),
applications for permits for firing more
than 20 boreholes in a round and for the
use of nonpermissible blasting units
must be submitted, by the mine
operator, in writing to the District
Manager for the district in which the
mine is located and must contain the
following information:
(1) The name and address of the mine;
(2) The active workings in the mine
affected by the permit and the
approximate number of boreholes to be
fired;
(3) The period of time during which
the permit will apply;
(4) The nature of the development or
construction for which they will be
used, e.g., overcasts, undercasts, track
grading, roof brushing or boom holes;
(5) A plan, proposed by the mine
operator designed to protect miners in
the mine from the hazards of methane
and other explosive gases during each
multiple shot, e.g., changes in the mine
ventilation system, provisions for
auxiliary ventilation and any other
safeguards necessary to minimize such
hazards;
(6) A statement of the specific hazards
anticipated by the mine operator in
blasting for overcasts, undercasts, track
grading, brushing of roof, boom holes or

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other unusual blasting situations such
as coalbeds of abnormal thickness; and
(7) The method to be employed to
avoid the dangers anticipated during
development or construction which will
ensure the protection of life and the
prevention of injuries to the miners
exposed to such underground blasting.
Under 30 CFR 75.1321(b), District
Managers may permit the firing of more
than 20 boreholes of permissible
explosives in a round where they have
determined that it is necessary to reduce
the overall hazard to which miners are
exposed during underground blasting.
The District Managers may also permit
the use of nonpermissible blasting units
if they find that a permissible blasting
unit does not have adequate blasting
capacity and that the use of such
permissible units will create
development or construction hazards
such as: exposure to disturbed roof in an
adjacent cavity while scaling and
supporting the remaining roof prior to
wiring a new series of boreholes;
exposure to underburden boreholes
where prior rounds have removed the
burden adjacent to a remaining
borehole; exposure to an unsupported
roof while redrilling large fragmented
roof rock following the loss of predrilled
boreholes during earlier blasting
operations; or any other hazard created
by the use of permissible blasting units
during underground development or
construction.
Under 30 CFR 75.1321(c), permits
must be issued on a mine-by-mine basis
for periods of time to be specified by the
District Manager.
Under 30 CFR 75.1321(d), permits
must specify and include as a condition
of their use, any safeguards, in addition
to those proposed by the mine operator,
which the District Manager issuing such
permits has determined will be required
to ensure the welfare of the miners
employed in the mine at the time of the
blasting permitted.
Under 30 CFR 77.1909–1, where the
District Manager has determined that
the use of nonpermissible explosives
and nonpermissible shot-firing units
will not pose a hazard to any person
during the development of a slope or
shaft, the District Manager may, after
written application by the operator,
approve the use of such explosives and
shot-firing units and issue a permit for
the use of such explosives and devices
setting forth the safeguards to be
employed by the operator to protect the
health and safety of any person exposed
to such blasting.
2. Posting of Misfire Notices
Under 30 CFR 75.1327(a), when
misfires occur, mine operators must

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Federal Register / Vol. 90, No. 126 / Thursday, July 3, 2025 / Notices
ensure that only work by a qualified
person to dispose of misfires and other
work necessary to protect persons must
be done in the affected area.
Under 30 CFR 75.1327(b), when a
misfire cannot be disposed of, mine
operators must ensure that:
(1) A qualified person must post each
accessible entrance to the area affected
by the hazard of the misfire with a
warning at a conspicuous location to
prohibit entry; and
(2) The misfire must be immediately
reported to mine management.

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II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection titled ‘‘Applications for
Permits to Fire More than 20 Boreholes
and For Use of Nonpermissible Blasting
Units, Explosives, and Shot-firing Units;
and Posting Notices of Misfires’’. 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 ICR 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, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
Questions about the ICR may be
directed to the person listed in the FOR
FURTHER INFORMATION section of this
notice.

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III. Current Actions
This ICR concerns provisions for
Applications for Permits to Fire More
than 20 Boreholes and For Use of
Nonpermissible Blasting Units,
Explosives, and Shot-firing Units; and
Posting Notices of Misfires. MSHA has
updated the data with respect to the
number of respondents, responses, time
burden, and burden costs supporting
this ICR from the previous ICR.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0025.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 33.
Frequency: Annually.
Number of Annual Responses: 34.
Annual Time Burden: 33 hours.
Annual Other Burden Costs: $170.
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 ICR; they will become a matter
of public record and be available at
https://www.reginfo.gov.

29577

properly assessed. The Mine Safety and
Health Administration (MSHA) is
soliciting comments on the information
collection titled ‘‘Coal Mine Dust
Sampling Devices.’’
DATES: All comments must be received
on or before September 2, 2025.
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–
2025–0052.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 200 Constitution Avenue
NW, Room C3522, Washington, DC
20210. 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:

DEPARTMENT OF LABOR

Jessica Senk, Acting 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:

Mine Safety and Health Administration

I. Background

[OMB Control No. 1219–0147]

A. Legal Authority

Jessica Senk,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2025–12436 Filed 7–2–25; 8:45 am]
BILLING CODE 4510–43–P

Proposed Extension of Information
Collection: Coal Mine Dust Sampling
Devices
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 for all information
collections, to provide the 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

SUMMARY:

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Sfmt 4703

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.
The Paperwork Reduction Act of 1995
(PRA) governs paperwork burdens
imposed by Federal agencies on the
public for using identical questions to
collect information from 10 or more
persons. The PRA defines paperwork
burden is defined in 44 U.S.C. 3502(2)
as time, effort, or financial resources
expended to generate, maintain, or

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03JYN1