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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 31, 2005. 

# ADDRESSES:

                        Send comments to Debbie Ferraro, Records Management Branch, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via E-mail to                         *ferraro.debbie@dol.gov.*                         Ms. Ferraro can be reached at (202) 693-9821 (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 

                    Persons performing tasks and certain required examinations at coal mines related to miner safety and health,                           ( print page 69960)                        which require specialized training, experience, and physical qualifications, are required to be either “certified” or “qualified”. The regulations recognized State certification and qualification programs. However, under the Federal Mine Safety and Health Act of 1977 and MSHA standards, where State programs do not exist, MSHA may certify and qualify persons for as long as they continue to satisfy the requirements needed to obtain the certification or qualification, fulfill any applicable retraining requirements, and remained employed at the same mine or by the same independent contractor.                 

Applications for Secretarial qualification or certification are submitted to the MSHA Qualification and Certification Unit in Denver, Colorado. Form 5000-41 provides the coal mining industry with a standardized reporting format that expedited the certification and qualification process while ensuring compliance with the regulations. MSHA uses the form's information to determine if applicants satisfy the requirements to obtain the certification or qualification sought. Persons must meet certain minimum experience requirements depending on the type of certification or qualification. 

Sections 75.155 and 77.105 of Title 30 of the CFR explain the qualifications to be a qualified hoisting engineer or a qualified hoist man on a slope or shaft sinking operation. Sections 75.100 and 77.100 pertain to the certification of certain persons to perform specific examinations and tests. Under §§ 75.160, 75.161, 77.107 and 77.107-1, the mine operator must have an approved training plan developed to train and retrain the qualified and certified people to effectively perform their tasks. 

                    Sections 75.159 and 77.106 requires the operator of a mine to maintain a list of all certified and qualified persons designated to perform certain duties, which require specialized expertise at underground and surface coal mines,                     *i.e.*, conduct test for methane and oxygen deficiency, conduct tests of air flow, perform electrical work, repair energized surface high-voltage lines, and perform duties of hoisting engineer. The recorded information is necessary to ensure that only persons who are properly trained and have the required number of years of experience are permitted to perform these duties. MSHA does not specify a format for the recordkeeping; however, it normally consists of the names of the certified and qualified person listed in two columns on a sheet of paper. One column is for certified persons and the other is for qualified persons.                 

## 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 Qualification/Certification Program and Man 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 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 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 

This request for collection of information contains provisions whereby persons may be temporarily qualified or certified to perform tests and examinations; requiring specialized expertise; related to inner safety and health at coal mines. 

*Type of Review:*                     Extension.                 

*Agency:*                     Mine Safety and Health Administration.                 

*Title:*                     Qualification/Certification Program and Man Hoist Operators Physical Fitness.                 

*OMB Number:*                     1219-0127.                 

*Frequency:*                     Quarterly and on occasion.                 

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

*Number of Respondents:*                     1,989.                 

*Estimated Time per Respondent:*                     9 hours.                 

*Recordkeeping:*                     One year.                 

*Total Burden Hours:*                     17,723.                 

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

*Total Burden Cost (operating/maintaining):*                     $902.                 

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 23rd day of November, 2004. 

David L. Meyer, 

Director, Office of Administration and Management 

[FR Doc. 04-26451 Filed 11-30-04; 8:45 am] 

BILLING CODE 4510-43-P