[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20660-20661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11110]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Hazardous Condition Complaints

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 extension of the 
information collection related to the submission of hazardous 
conditions complaints addressed in 30 CFR 43.2, 43.4, 43.7, and 43.8. 
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 employee listed below in the For Further 
Information Contact section of this notice.

DATES: Submit comments on or before June 26, 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#d4a4a7bdb8a2b1ad94b9a7bcb5fab3bba2"><span class="__cf_email__" data-cfemail="2252514b4e54475b624f514a430c454d54">[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#0f68696a7c6e644f627c676e21686079"><span class="__cf_email__" data-cfemail="92f5f4f7e1f3f9d2ffe1faf3bcf5fde4">[email protected]</span></a> (Internet E-mail), 
(703) 235-8378 (voice), or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Under Section 103(g) of the Federal Mine Safety and Health Act of 
1977 (Mine Act), 30 U.S.C. 813(g), a representative of miners or any 
individual miner may submit a written notice of an alleged violation of 
the Mine Act or mandatory health or safety standard or an imminent 
danger situation. Such notification requires MSHA to make an immediate 
inspection. A copy of the notice must be provided to the operator.
    Title 30, CFR part 43 implements Section 103(g) of the Mine Act. 
The regulations outline the procedures for submitting notification of 
the alleged violation and the actions which MSHA must take after 
receiving the notice. If MSHA determines that a special inspection is 
not warranted, a written notice of negative finding shall be issued as 
soon as possible following the determination. A miner or a 
representative of miners has the option of requesting in writing an 
information review of MSHA's decision that no inspection is warranted 
or in those instances where an MSHA inspector has refused to issue a 
citation or order with regard to the violation alleged to have existed 
by the miner.

II. Current Actions

    MSHA is required to conduct inspections whenever and however 
complaints of hazardous conditions are made to the Agency by miners or 
representatives of miners. This is an Agency responsibility mandated by 
the provisions of Section 103(g) of the Act and implemented through the 
provisions of 30 C.F.R. Part 43. MSHA has minimized the paper work 
burden by providing alternative toll free telephone extensions for 
verbal and anonymous complaints and providing for the reduction of such 
complaints to written format by agency personnel. MSHA's effectiveness 
in enforcing the mandatory safety and health standards is dependent in 
part on its ability to provide a timely response to hazardous condition 
complaints in order to retain the confidence of miners and to encourage 
compliance with health and safety standards between the mandated, 
periodic inspection events at underground and surface mines and mine 
facilities.
    Type of Review: Revision (with changes to include Sec. 43.2 and 
43.8).
    Agency: Mine Safety and Health Administration.
    Title: Hazardous Conditions Compliants--30 CFR Sec. 43.2, 43.4, 
43.7, and 43.8.
    OMB Number: 1219-0014.
    Affected Public: Business or other for-profit institutions.

[[Page 20661]]



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                                                                                          Average               
                                                                              Total       time per      Burden  
        Cite/reference          Total respondents         Frequency         responses     response     (hours)  
                                                                                          (hours)               
----------------------------------------------------------------------------------------------------------------
43.2  General.................  272 verbal 350     On occasion...........          622           .2          124
                                 written 622                                                                    
                                 total.                                                                         
43.4  Giving notice...........  All burden                                                                      
                                 included under                                                                 
                                 43.2.                                                                          
43.7  Informal review.........  15...............  On occasion...........           15           .2            3
43.8  Informal review.........  All burden                                                                      
                                 included under                                                                 
                                 43.7.                                                                          
                               ---------------------------------------------------------------------------------
    Totals....................  637..............  On occasion...........          637           .2          127
----------------------------------------------------------------------------------------------------------------

    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintaining): $8.
    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: April 21, 1998.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 98-11110 Filed 4-24-98; 8:45 am]
BILLING CODE 4510-43-M


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