68420 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Notices

whenever max{Xi}>S is even less

defensible. The confidence level for a

citation based on the maximum of five

measurements is defined by the value of

α when μi=S for all five values of I.

Under these circumstances, the

probability that at least one of the five

measurements would exceed the

applicable standard is:

α μ = { } { } > =

= − ( )

=

Prb i max |

.

X S S for all i i

1 0 5

97%.

5

Therefore, the confidence level at

which a citation could be issued is only

3%. At the same time, the probability

that none of the five measurements will

exceed S is β=(0.5)5=3%, so the

probability that a citation would be

issued is 97%.

III. Conclusion

MSHA, along with other federal

agencies, recognizes that in issuing

citations, the burden rests with the

Agency to show that a violation of the

applicable standard occurred. Use of the

CTV table will severely limit the risk of

an erroneous citation, even when the

true dust concentration being measured

is exactly equal to or slightly below the

applicable standard. If a single

measurement falls between S and the

CTV, then the measurement does not

necessarily provide sufficient evidence

of μ>S to support a citation.

Consequently, MSHA cannot justify

issuing a citation whenever a

measurement exceeds the applicable

standard by an arbitrarily small amount.

Although citing whenever X>S would

result in a smaller probability (β) of

erroneously failing to cite, and hence in

a greater level of protection for the

miner, doing so would result in

citations that may not withstand legal

challenge. However, as stated earlier in

the notice, if the measurement exceeds

the applicable standard but not the CTV,

MSHA intends to target environments

for additional sampling to confirm that

dust control measures in use are

adequate. These follow-up inspections,

in conjunction with operator dust

sampling and MSHA monitoring of

operator compliance with approved

dust control parameters, should further

help to protect miners from excessive

dust concentration.

References

1. Kogut, J. Memorandum of September 6,

1994, from Jon Kogut, Mathematical

Statistician, Denver Safety and Health

Technology Center, MSHA, to Ronald J.

Schell, Chief, Division of Health, Coal Mine

Safety and Health, MSHA, Subject: Multi-day

MSHA Sampling of Respirable Coal Mine

Dust.

2. Kogut, J. Memorandum of September 6,

1994, from Jon Kogut, Mathematical

Statistician, Denver Safety and Health

Technology Center, MSHA, to Ronald J.

Schell, Chief, Division of Health, Coal Mine

Safety and Health, MSHA, Subject: Coal Mine

Respirable Dust Standard Noncompliance

Determinations.

3. Leidel N.A. and K.A. Busch. Statistical

Design and Data Analysis Requirements.

Patty’s Industrial Hygiene and Toxicology,

Third Edition, Vol. 3, Part A, Chapter 10,

1994.

4. Kogut, J., T.F. Tomb, P.S. Parobeck, A.J.

Gero, and K.L. Suppers. Measurement

Precision With the Coal Mine Dust Personal

Sampler. Internal MSHA Report, 1995.

5. Kennedy, E.R., T.J. Fischbach, R. Song,

P.M. Eller, and S.A. Shulman. Guidelines for

Air Sampling and Analytical Method

Development and Evaluation. U.S.

Department of Health and Human Services,

Public Health Service, National Institute for

Occupational Safety and Health, DHHS

(NIOSH) Publication No. 95–117.

Dated: December 19, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 97–33937 Filed 12–30–97; 8:45 am]

BILLING CODE 4510–43–P

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.

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:

• 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 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

psilvey@msha.gov, 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 gfesak@msha.gov

(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
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Notices 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), nondesignated 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 forprofit institutions.

Estimated Burden Hours:

Cite/reference Total respondents Frequency Total responses

Average

time per response

(hours)

Hour burden

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

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