[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Pages 68420-68421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33936]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Single, Full-Shift Respirable Dust
Measurements
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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.
Currently, the Mine Safety and Health Administration (MSHA) is
soliciting comments concerning the proposed information collections
related to single, full-shift respirable dust measurements. MSHA is
particularly interested in comments which:
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 submissions of responses.
A copy of the proposed information collection request can be
obtained by contacting the individual listed below in the For Further
Information Contact section of this notice.
DATES: Submit comments on or before March 2, 1998.
ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 627,
Arlington, VA 22203-1984. Commenters are encouraged to send their
comments on a computer disk, or via E-mail to psilvey@msha.gov, along
with an original printed copy. Ms. Silvey can be reached at (703) 235-
1910 (voice) or (703) 235-5551 (facsimile).
FOR FURTHER INFORMATION CONTACT: George M. Fesak, Director, Office of
Program Evaluation and Information Resources, U.S. Department of Labor,
Mine Safety and Health Administration, Room 715, 4015 Wilson Boulevard,
Arlington, VA 22203-1984. Mr. Fesak can be reached at gfesak@msha.gov
(Internet E-mail), (703) 235-8378 (voice), or (703) 235-1563
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Today, the Secretary of Labor and the Secretary of Health and Human
Services published a joint notice in the Federal Register finding that
the average concentration of respirable dust to which each miner in the
active workings of a coal mine is exposed can be measured accurately
over a single shift in accordance with section 202(f)(2) of the Mine
Act.
Implementation of the final finding is expected to better protect
miners from
[[Page 68421]]
overexposure to respirable coal mine dust and its related health
hazards. It is also expected to initially increase the number of
citations issued by MSHA inspectors for noncompliance with the
applicable respirable dust standard. However, based on previous
experience, MSHA anticipates that this increase will level off in
future years. Since a citation for noncompliance with the applicable
dust standard triggers several regulatory requirements on mine
operators that have paperwork implications, the final finding is
expected to have the effect of increasing the paperwork burden on mine
operators.
Under 30 CFR 70.201(d), 71.201(d), and 90.201(d), a mine operator
who receives a citation for a violation of the applicable dust standard
is required to take corrective action and then sample the affected
mechanized mining unit (MMU), designated area (DA), designated work
position (DWP), non-designated work position (NDWP), or part 90 miner
until five valid respirable dust samples are collected. Under 30 CFR
70.209, 71.209, and 90.209, persons who are certified to collect
respirable dust samples are required to complete dust data cards that
are submitted with these samples.
Sections 71.300 and 90.300 require a coal mine operator to submit
to MSHA for approval a written respirable dust control plan within 15
calendar days after the termination date of a citation for violation of
30 CFR 71.100, 71.101, 90.100 or 90.101. This plan provides a detailed
description of the specific respirable dust control measures used to
abate the violation of the respirable dust standard and how each
control measure will continue to be used by the operator to control
dust levels and ensure compliance with the applicable standard.
Section 71.301(d) requires the respirable dust control plan to be
posted on the mine bulletin board to inform interested persons at the
mine of the types and locations of dust control measures that are
required to be employed and maintained. However, 30 CFR 90.301(d)
prohibits posting of the dust control plan for part 90 miners and,
instead, requires a copy be provided to the affected part 90 miner.
A citation for a violation of the applicable standard can also form
the basis for requiring an underground coal mine operator to revise the
mine ventilation plan under 30 CFR 75.370. The mine ventilation plan is
required to specify the respirable dust control measures to be used
where coal is being cut, mined, drilled for blasting, or loaded; at
dust generating sources in designated areas; and at underground dumps,
crushers, transfer points, and haulageways.
Section 75.370(a)(3) requires the mine operator to notify the
representative of miners at least 5 days prior to submission of a mine
ventilation plan and any revision to such plan. If requested, the mine
operator is required to provide a copy to the representative of miners
at the time of notification. In the event of a situation requiring
immediate action on a plan revision, notice of the revision and, if
requested, a copy of the revision shall be given to the representative
of miners by the operator at the time of submission. A copy of any
proposed revision submitted for approval shall be made available for
inspection by the representative of miners and a copy of any proposed
revision submitted for approval shall be posted on the mine bulletin
board at the time of submittal, where it shall remain until it is
approved, withdrawn, or denied.
Section 75.370(e) requires that, prior to implementing a
ventilation plan revision, the mine operator must instruct all persons
affected by the revision in its provisions.
Section 75.370(f) requires that the approved ventilation plan and
any revisions shall be provided upon request to the representative of
miners by the operator following notification of approval, made
available for inspection by the representative of miners, and posted on
the mine bulletin board within 1 working day following notification of
approval. The approved plan and its revisions shall remain posted on
the bulletin board for the period of time that they are in effect.
II. Current Actions
Implementation of the final finding will better protect miners from
overexposure to respirable coal mine dust and its related health
hazards. It is also expected to initially increase the paperwork burden
on mine operators.
Type of Review: New.
Agency: Mine Safety and Health Administration.
Recordkeeping: Indefinite.
Title: Single, Full-Shift Respirable Dust Measurements.
Affected Public: Business or other for-profit institutions.
Estimated Burden Hours:
----------------------------------------------------------------------------------------------------------------
Average
Total Total time per
Cite/reference respondents Frequency responses response Hour burden
(hours)
----------------------------------------------------------------------------------------------------------------
70.209.............................. 338 On occasion........... 1,900 0.00 0
71.209.............................. 76 On occasion........... 405 0.00 0
90.209.............................. 3 On occasion........... 15 ........... ...........
71.300.............................. 81 On occasion........... 81 3.17 257
71.301(d)........................... 81 On occasion........... 81 0.17 14
75.370 and 75.370(a)(3)............. 63 On occasion........... 63 3.33 210
75.370(e)........................... 63 On occasion........... 63 0.17 11
75.370(f)........................... 63 On occasion........... 63 0.25 16
90.300.............................. 3 On occasion........... 3 3.17 10
90.301(d)........................... 3 On occasion........... 3 0.33 1
----------------------------------------------------------------------------------------------------------------
Totals.............................. 611 ...................... 2,677 0.19 519
----------------------------------------------------------------------------------------------------------------
Total Hour Burden Cost: $20,082.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintaining): $116,230.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Dated: December 19, 1997.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 97-33936 Filed 12-30-97; 8:45 am]
BILLING CODE 4510-43-P
