01-8920. Proposed Information Collection Request Submitted for Public Comment and Recommendations; Operations Under Water

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.

DATES:

Submit comments on or before June 11, 2001.

ADDRESSES:

Send comments to Brenda C. Teaster, Acting Chief, Records Management Division, 4015 Wilson Boulevard, Room 709A, Arlington, VA 22203-1984. Commenters are encouraged to send their comments on a computer disk, or via Internet E-mail to [e-mail], along with an original printed copy. Ms. Teaster can be reached at [phone] (voice), or [phone] (facsimile).

FOR FURTHER INFORMATION CONTACT:

The proposed information collection request may be viewed on the Internet by accessing the MSHA Home Page (http://www.msha.gov) and selecting “Statutory and Regulatory Information” then “Paperwork Reduction Act submission (http://www.msha.gov/​regspwork.htm)”, or by contacting Brenda C. Teaster, Acting Chief, Records Management Division, U.S. Department of Labor, Mine Safety and Health Administration, Room 709A, 4015 Wilson Boulevard, Arlington, VA 22203-1984. Mrs. Teaster can be reached at [e-mail] (Internet E-mail, [phone] (voice), or [phone] (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

Title 30, CFR 75.1716, 75.1716-1 and 75.1716-3 require operators of underground coal mines to notify MSHA of proposed mining under bodies of water and to obtain a permit to mine under a body of water if, in the judgment of the Secretary, it is sufficiently large to constitute a hazard to miners. This is a statutory provision contained in section 317(r) of the Federal Mine Safety and Health Act of 1977. The regulation is necessary to prevent the inundation of underground coal mines with water which has the potential of drowning miners.

The coal mine operator submits an application for the permit to the District Manager in whose district the mine is located. Applications contain the name and address of the mine; projected mining and ground support plans; a mine map showing the location of the river, stream, lake or other body of water and its relation to the location of all working places; a profile map showing the type of strata and the distance in elevation between the coal bed and the water involved.

II. Desired Focus of Comments

Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to Operations Under Water. 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.

III. Current Action

Section 317(r) of the Federal Mine Safety and Health Act of 1977 requires that when a mine operator mines coal from a mine that requires construction, operation, and maintenance of tunnels under any river, stream, lake or other body of water that could potentially pose a hazard to miners, such operator is required to obtain a permit from the Secretary, which shall include such terms and conditions as deemed appropriate to protect the safety of miners working or passing through such tunnels from cave-ins and other hazards. This section of the Act is enforced through application 30 CFR 75.1716, which requires the underground mine operators to notify MSHA prior to mining under any body of water (30 CFR 75.1716-1) and to submit a permit application to mine under a body of water (30 CFR 75.1716-3) for the MSHA District Manager's approval prior to mining under the body of water. MSHA is obligated to respond in writing to the notice (30 CFR 75.1716-2) and to the permit application (30 CFR 75.1716-4). MSHA routinely receives the notice and the permit application as a single correspondence due to the annual review of the mine ventilation plan map one year mining projections [30 CFR 75.371(b)(14)] and the annual submittal of a certified mine map, which is required to show the locations of mines above and below and bodies of water above the active mine [30 CFR 75.1200-(I and j) and 30 CFR 75.1203]. The annual review of these maps provide early detection of potential inundation hazards and as a result reduce or eliminate the need for a separate notice under 30 CFR 75.1716-1.

Type of Review: Extension.

Agency: Mine Safety and Health Administration.

Title: Operations Under Water.

OMB Number: 1219-0020.

Affected Public: Business or other for-profit.

Cite/reference	Total respondents	Frequency	Total responses	Average time per response (hours)	Burden
75.1716	Included in 75.1716-3	Occasional	Included in 75.1716-3	5	Included in 75.1716-3.
75.1716.1	Included in 75.1716-3		Included in 75.1716-3	5	Included in 75.1716-3.
75.1716.3	10 new or revised notices/permit appls.	On occasion	10	5	50 hours.
Totals	10	On occasion	10	5	50 hours.

Estimated Total Burden Cost: $2,727.

Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintaining): $150.

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. 2001.

Brenda C. Teaster,

Acting Chief, Records Management Division.