[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Pages 68420-68421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33936]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Single, Full-Shift Respirable Dust 
Measurements

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 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 proposed information collections 
related to single, full-shift respirable dust measurements. MSHA is 
particularly interested in comments which:
    <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 individual listed below in the For Further 
Information Contact section of this notice.

DATES: Submit comments on or before March 2, 1998.

ADDRESSES: Send comments to Patricia W. Silvey, Director, Office of 
Standards, Regulations, and Variances, 4015 Wilson Boulevard, Room 627, 
Arlington, VA 22203-1984. Commenters are encouraged to send their 
comments on a computer disk, or via E-mail to <a href="/cdn-cgi/l/email-protection#710102181d071408311c0219105f161e07"><span class="__cf_email__" data-cfemail="daaaa9b3b6acbfa39ab7a9b2bbf4bdb5ac">[email protected]</span></a>, along 
with an original printed copy. Ms. Silvey can be reached at (703) 235-
1910 (voice) or (703) 235-5551 (facsimile).

FOR FURTHER INFORMATION CONTACT: George M. Fesak, Director, Office of 
Program Evaluation and Information Resources, U.S. Department of Labor, 
Mine Safety and Health Administration, Room 715, 4015 Wilson Boulevard, 
Arlington, VA 22203-1984. Mr. Fesak can be reached at <a href="/cdn-cgi/l/email-protection#6403020117050f2409170c054a030b12"><span class="__cf_email__" data-cfemail="c6a1a0a3b5a7ad86abb5aea7e8a1a9b0">[email protected]</span></a> 
(Internet E-mail), (703) 235-8378 (voice), or (703) 235-1563 
(facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Today, the Secretary of Labor and the Secretary of Health and Human 
Services published a joint notice in the Federal Register finding that 
the average concentration of respirable dust to which each miner in the 
active workings of a coal mine is exposed can be measured accurately 
over a single shift in accordance with section 202(f)(2) of the Mine 
Act.
    Implementation of the final finding is expected to better protect 
miners from

[[Page 68421]]

overexposure to respirable coal mine dust and its related health 
hazards. It is also expected to initially increase the number of 
citations issued by MSHA inspectors for noncompliance with the 
applicable respirable dust standard. However, based on previous 
experience, MSHA anticipates that this increase will level off in 
future years. Since a citation for noncompliance with the applicable 
dust standard triggers several regulatory requirements on mine 
operators that have paperwork implications, the final finding is 
expected to have the effect of increasing the paperwork burden on mine 
operators.
    Under 30 CFR 70.201(d), 71.201(d), and 90.201(d), a mine operator 
who receives a citation for a violation of the applicable dust standard 
is required to take corrective action and then sample the affected 
mechanized mining unit (MMU), designated area (DA), designated work 
position (DWP), non-designated work position (NDWP), or part 90 miner 
until five valid respirable dust samples are collected. Under 30 CFR 
70.209, 71.209, and 90.209, persons who are certified to collect 
respirable dust samples are required to complete dust data cards that 
are submitted with these samples.
    Sections 71.300 and 90.300 require a coal mine operator to submit 
to MSHA for approval a written respirable dust control plan within 15 
calendar days after the termination date of a citation for violation of 
30 CFR 71.100, 71.101, 90.100 or 90.101. This plan provides a detailed 
description of the specific respirable dust control measures used to 
abate the violation of the respirable dust standard and how each 
control measure will continue to be used by the operator to control 
dust levels and ensure compliance with the applicable standard.
    Section 71.301(d) requires the respirable dust control plan to be 
posted on the mine bulletin board to inform interested persons at the 
mine of the types and locations of dust control measures that are 
required to be employed and maintained. However, 30 CFR 90.301(d) 
prohibits posting of the dust control plan for part 90 miners and, 
instead, requires a copy be provided to the affected part 90 miner.
    A citation for a violation of the applicable standard can also form 
the basis for requiring an underground coal mine operator to revise the 
mine ventilation plan under 30 CFR 75.370. The mine ventilation plan is 
required to specify the respirable dust control measures to be used 
where coal is being cut, mined, drilled for blasting, or loaded; at 
dust generating sources in designated areas; and at underground dumps, 
crushers, transfer points, and haulageways.
    Section 75.370(a)(3) requires the mine operator to notify the 
representative of miners at least 5 days prior to submission of a mine 
ventilation plan and any revision to such plan. If requested, the mine 
operator is required to provide a copy to the representative of miners 
at the time of notification. In the event of a situation requiring 
immediate action on a plan revision, notice of the revision and, if 
requested, a copy of the revision shall be given to the representative 
of miners by the operator at the time of submission. A copy of any 
proposed revision submitted for approval shall be made available for 
inspection by the representative of miners and a copy of any proposed 
revision submitted for approval shall be posted on the mine bulletin 
board at the time of submittal, where it shall remain until it is 
approved, withdrawn, or denied.
    Section 75.370(e) requires that, prior to implementing a 
ventilation plan revision, the mine operator must instruct all persons 
affected by the revision in its provisions.
    Section 75.370(f) requires that the approved ventilation plan and 
any revisions shall be provided upon request to the representative of 
miners by the operator following notification of approval, made 
available for inspection by the representative of miners, and posted on 
the mine bulletin board within 1 working day following notification of 
approval. The approved plan and its revisions shall remain posted on 
the bulletin board for the period of time that they are in effect.

II. Current Actions

    Implementation of the final finding will better protect miners from 
overexposure to respirable coal mine dust and its related health 
hazards. It is also expected to initially increase the paperwork burden 
on mine operators.
    Type of Review: New.
    Agency: Mine Safety and Health Administration.
    Recordkeeping: Indefinite.
    Title: Single, Full-Shift Respirable Dust Measurements.
    Affected Public: Business or other for-profit institutions.
    Estimated Burden Hours:

----------------------------------------------------------------------------------------------------------------
                                                                                          Average               
                                         Total                                Total       time per              
           Cite/reference             respondents         Frequency         responses     response   Hour burden
                                                                                          (hours)               
----------------------------------------------------------------------------------------------------------------
70.209..............................          338  On occasion...........        1,900         0.00            0
71.209..............................           76  On occasion...........          405         0.00            0
90.209..............................            3  On occasion...........           15  ...........  ...........
71.300..............................           81  On occasion...........           81         3.17          257
71.301(d)...........................           81  On occasion...........           81         0.17           14
75.370 and 75.370(a)(3).............           63  On occasion...........           63         3.33          210
75.370(e)...........................           63  On occasion...........           63         0.17           11
75.370(f)...........................           63  On occasion...........           63         0.25           16
90.300..............................            3  On occasion...........            3         3.17           10
90.301(d)...........................            3  On occasion...........            3         0.33            1
----------------------------------------------------------------------------------------------------------------
Totals..............................          611  ......................        2,677         0.19          519
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    Total Hour Burden Cost: $20,082.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintaining): $116,230.
    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: December 19, 1997.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 97-33936 Filed 12-30-97; 8:45 am]
BILLING CODE 4510-43-P


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