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###### Department of Labor

###### Mine Safety and Health Administration

# 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 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 January 10, 2005.

# 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                         *stoehr.melissa@dol.gov.*                         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

Title 30 CFR 56.19057 and 57.19057 require the annual examination and certification of a hoist operator's fitness. The safety of all metal and nonmetallic miners riding hoist conveyances is dependent upon the attentiveness and physical capabilities of the hoist operator, in routine and emergency evacuations. Improper movement, overspeed, and overtravel of a hoisting conveyance can result in serious physical harm or death to all passengers. While small mine operators are likely to have fewer hoists and hoist operators, Congress intended that the Mine Act be enforced at all mining operations within its jurisdiction regardless of size and that information collection and record keeping requirements be consistent with efficient and effective enforcement of the Mine Act. However, Congress did                           ( print page 64979)                        recognize that small operations may face problems in complying with some Mine Act provisions. Section 103(e) of the Mine Act directs the Secretary of Labor not to impose an unreasonable burden on small businesses when obtaining any information under the Mine Act. This information collection does not have a significant impact on a substantial number of small entities.                

## 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 Hoist Operators' Physical Fitness. MSHA is particularly interested in comments that:
    - Evaluate whether the proposed collection of information is necessary for the proper performance of MSHA's functions, including whether the information has practical utility;
    - Evaluate the accuracy of MSHA's estimate of the burden of the proposed 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
    - Address 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) to minimize the burden of the collection of information on those who are to respond.                

                    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

Title 30 CFR Sections 56.19057 and 57.19057 require the annual examination and certification of a hoist operator's fitness. The safety of all metal and nonmetallic miners riding hoist conveyances is dependent upon the attentiveness and physical capabilities of the hoist operators, in routine and emergency evacuations. Improper movements, overspeed, and overtravel of a hoisting conveyance can result in serious physical harm or death to all passengers. Small mine operators are likely to have fewer hoists and hoist operators.

*Type of Review:*                     Extension.                

*Agency:*                     Mine Safety and Health Administration.                

*Title:*                     Hoist Operator's Physical Fitness.                

*OMB Number:*                     1219-0049.                

*Affected Public:*                     Business or other for-profit.                

*Frequency:*                     Annually.                

*Recordkeeping:*                     At least one year from the time that certification is obtained.                

*Total Respondents:*                     58.                

*Total Responses:*                     290.                

*Average Time per Response:*.0333 hours.                

*Estimated Total Burden Hours:*                     9.7.                

*Total Annualized Capital/Startup Costs:*                     $0.                

*Total Operating and Maintenance Costs:*                     $89,320.                

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 in Arlington, Virginia, this 22nd day of October 2004.

David L. Meyer,

Director, Office of Administration and Management.

[FR Doc. 04-24899 Filed 11-8-04; 8:45 am]

BILLING CODE 4510-43-P