97-9235. Proposed Information Collection Request Submitted for Public Comment and Recommendations; Petitions for ModificationPertains to All Mines

[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Pages 17640-17641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9235]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Petitions for Modification--Pertains to 
All Mines

ACTION: Notice.

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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 extension of the 
information collection related to the Petitions for Modification. 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.

[[Page 17641]]

    A copy of the proposed information collection request can be 
obtained by contacting the employee listed below in the For Further 
Information Contact section of this notice.

DATES: Submit comments on or before June 9, 1997.

ADDRESSES: Written comments shall be mailed 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 
[e-mail], along with an original printed copy. Ms. Silvey can 
be reached at [phone] (voice) or [phone] (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 [e-mail] (Internet E-mail), 
[phone] (voice), or [phone] (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 811(c), provides that a mine operator or a 
representative of miners may petition the Secretary to modify the 
application of a mandatory safety standard. A petition for modification 
may be granted if the Secretary of Labor (Secretary) determines (1) 
that an alternative method of achieving the results of the standard 
exists and that it will guarantee, at all times, no less than the same 
measure of protection for the miners affected as that afforded by the 
standard, or (2) that the application of the standard will result in a 
diminution of safety to the miners affected.
    Petitions for Modification must be in writing and contain the 
petitioner's name and address, the mailing address and mine 
identification number of the mine or mines affected, the mandatory 
safety standard to which the petition is directed, a concise statement 
of the modification requested; a detailed statement of the facts that 
show the grounds upon which a modification is claimed or warranted; 
and, if the petitioner is a mine operator, the identity of any 
representative of miners at the affected mine.

II. Current Actions

    Each petition for modification must be investigated by MSHA on a 
mine-by-mine basis and a decision reached on the merits. A mine 
operator may only request modification of one mandatory safety standard 
per petition. However, a mine operator may file a petition for more 
than one mine by showing that identical issues of law and fact exist 
for each mine.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Petitions for Modification--Pertains to all mines.
    OMB Number: 1219-0065.
    Affected Public: Business or other for-profit institutions.
    Cite/Reference/Form/etc: 30 CFR 44.9, 44.10, and 44.11.
    Total Respondents: 217 mine operators.
    Frequency: On occasion.
    Total Responses: 217.
    Average Time per Response: 29 hours.
    Estimated Total Burden Hours: 6,400 hours.
    Estimated Total Burden Cost: $256,000.
    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: April 3, 1997.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 97-9235 Filed 4-9-97; 8:45 am]
BILLING CODE 4510-43-M