[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Notices]
[Pages 62721-62722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24045]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Respirator Program Records

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 
ensure that requested data is 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 December 27, 2004.

ADDRESSES: Send comments to Melissa Stoehr, Acting Chief, Records 
Management Branch, 1100 Wilson Boulevard, Room 2134, Arlington, VA 
22209-3939. Commenters are encouraged to send their comments on 
computer disk, or via e-mail to <a href="/cdn-cgi/l/email-protection#afdcdbc0cac7dd81c2cac3c6dcdcceefcbc0c381c8c0d9"><span class="__cf_email__" data-cfemail="07747368626f75296a626b6e7474664763686b29606871">[email protected]</span></a>. Ms. Stoehr can 
be reached at (202) 693-9837 (voice), or (202) 693-9801 (facsimile).

FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the 
ADDRESSES section of this notice.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(a)(7) of the Mine Act mandates in part that mandatory 
standards prescribe the use of protective equipment where appropriate 
to protect miners against hazards. Where protective equipment or 
respirators are required because of exposure to harmful substances, 
MSHA must ensure that such equipment offers adequate protection for 
workers. A written respirator program that addresses such

[[Page 62722]]

issues as selection, fitting, use, and maintenance of respirators is 
essential for ensuring that workers are properly and effectively using 
the equipment. Records of fit-testing are essential for determining 
that the worker is wearing the proper respirator.
    Title 30 CFR sections 56.5005 and 57.5005 require metal and 
nonmetal mine operators to institute a respirator program governing 
selection, maintenance, training, fitting, supervision, cleaning and 
use of respirators. To control those occupational diseases caused by 
breathing air contaminated with harmful dusts, fumes, mists, gases, or 
vapors, the primary objective is to prevent atmospheric contamination. 
MSHA's current policy, as prescribed by regulation, is to require that 
this be accomplished by feasible engineering measures. When effective 
controls are not feasible, or while they are being instituted, or 
during occasional entry into hazardous atmospheres to perform 
maintenance or investigations, appropriate respirators are to be used 
in accordance with established procedures protecting the miners.
    Sections 56.5005 and 57.5005 incorporate by reference requirements 
of the American National Standards Institute (ANSI Z88.2-1969). These 
incorporated requirements mandate that miners who must wear respirators 
be fit-tested to the respirators that they will use. Certain records 
are also required to be kept in connection with respirators, including 
records of the date of issuance of the respirator, and fit-test 
results. The fit-testing records are essential for determining that the 
worker is wearing the proper respirator.

II. Desired Focus of Comments

    Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments concerning the proposed extension of the 
information collection requirement related to the respirator program 
records. MSHA is particularly interested in comments that:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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 employee listed in the ADDRESSES section of 
this notice or viewed on the Internet by accessing the MSHA home page 
(http://www.msha.gov) and then choosing ``Statutory and Regulatory 
Information'' and ``Federal Register Documents.''

III. Current Actions

    The mine operator uses the information to properly issue 
respiratory protection to miners when feasible engineering and/or 
administrative controls do not reduce the exposure to permissible 
levels. Fit-testing records are used to ensure that a respirator worn 
by an individual is in fact the one for which that individual received 
a tight fit. MSHA uses the information to determine compliance with the 
standard.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Respirator Program Records.
    OMB Number: 1219-0048.
    Recordkeeping: None.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc.: 30 CFR 56.5005 and 57.5005.
    Total Respondents: 310.
    Frequency: Monthly.
    Total Responses: 5,220.
    Average Time Per Response: .428 hour.
    Estimated Total Burden Hours: 2,235 hours.
    Burden Cost (Capital/Startup): None.
    Burden Cost (Operating/Maintaining): $156,350.
    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 at Arlington, Virginia, this 19th day of October, 2004.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. 04-24045 Filed 10-26-04; 8:45 am]
BILLING CODE 4510-43-P


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