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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 pre-clearance 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 extension of the information collection related to the Sections 317(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 877(c), and 30 CFR 75.1702 which prohibits persons from smoking or carrying smoking materials underground or in places where there is a fire or explosion hazard. Section 75.1702-1 requires that the mine operator submit the program plan to MSHA for approval. 

# DATES:

Submit comments on or before June 8, 2007. 

# ADDRESSES:

                        Send comments to, Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via Internet 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:

                        The employee listed in the                         **ADDRESSES**                         section of this notice.                     

# SUPPLEMENTARY INFORMATION: 

## I. Background 

Under the Mine Act and § 75.1702, coal mine operators are required to develop programs to prevent persons from carrying smoking materials, matches, or lighters underground and to prevent smoking in hazardous areas, such as in or around oil houses, explosives magazines, etc. The Mine Act and the standard further require that the mine operator submit the program plan to MSHA for approval. The purpose of the program is to insure that a fire or explosion hazard does not occur. 

MSHA's investigation determined that the most likely source of ignition for several fatal explosions in the past was the open flame of a cigarette lighter or match. 

## II. Desired Focus of Comments 

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                     **FOR FURTHER INFORMATION CONTACT**                     section of this notice, or viewed on the internet by accessing the MSHA home page (                    *http://www.msha.gov/​*) and choosing “Rules and Regs”, then choosing “Fed Reg Docs.”                 

## III. Current Actions 

The mine operator uses the information to conduct the program. MSHA uses the information to determine the mine operator's compliance with the standard and that a program is developed and implemented to prevent smoking in hazardous areas. 

*Type of Review:*                     Extension.                 

*Agency:*                     Mine Safety and Health Administration.                 

*Title:*                     Program to Prevent Smoking in Hazardous Areas.                 

*OMB Number:*                     1219-0041.                 

*Frequency:*                     On Occasion.                 

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

*Respondents:*                     492.                 

*Responses:*                     101.                 

*Estimated Time Per Respondent:*.5 hours.                 

*Total Burden Hours:*                     50.5 hours.                 

*Total Burden Cost (operating/maintaining):*                     $0.                 

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 4th day of April, 2007. 

David L. Meyer,

Director, Office of Administration and Management. 

 [FR Doc. E7-6605 Filed 4-6-07; 8:45 am] 

BILLING CODE 4510-43-P