[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Notices]
[Pages 34484-34485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16759]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Operations Under Water

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 Operations Under Water. 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

[[Page 34485]]

    <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 August 24, 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#1464677d7862716d5479677c753a737b62"><span class="__cf_email__" data-cfemail="58282b31342e3d2118352b3039763f372e">[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: Theresa M. O'Malley, Program Analysis 
Officer, 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. Mrs. O'Malley can be 
reached at <a href="/cdn-cgi/l/email-protection#394d56545855555c4079544a5158175e564f"><span class="__cf_email__" data-cfemail="44302b29252828213d0429372c256a232b32">[email protected]</span></a> (Internet E-Mail), (703) 235-8378 (voice), 
or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION: 

I. Background

    Title 30, CFR 75.1716, 75.1716-1 and 75.1716-3 require operators of 
underground coal mines to notify MSHA of proposed mining under bodies 
of water and to obtain a permit to mine under a body of water if, in 
the judgment of the Secretary, it is sufficiently large to constitute a 
hazard to miners. This is a statutory provision contained in Section 
317(r) of the Federal Mine Safety and Health Act of 1977. The 
regulation is necessary to prevent the inundation of underground coal 
mines with water, which has the potential of drowning miners.
    The coal mine operator submits an application for the permit to the 
District Manager in whose district the mine is located. Applications 
contain the name and address of the mine; projected mining and ground 
support plans; a mine map showing the location of the river, stream, 
lake or other body of water and its relation to the location of all 
working places; a profile map showing the type of strata and the 
distance in evaluation between the coal bed and the water involved.

II. Current Actions

    Section 317(r) of the Federal Mine Safety and Health Act of 1977 
requires that when a mine operator mines coal from a mine that requires 
construction, operation, and maintenance of tunnels under any river, 
stream, lake or other body of water that could potentially pose a 
hazard to miners, such operator is required to obtain a permit from the 
Secretary, which shall include such terms and conditions as deemed 
appropriate to protect the safety of miners working or passing through 
such tunnels from cave-ins and other hazards. This section of the Act 
is enforced through application 30 CFR 75.1716, which requires the 
underground mine operators to notify MSHA prior to mining under any 
body of water (30 CFR 75.1716-1) and to submit a permit application to 
mine under a body of water (30 CFR 75.1716-3), for the MSHA District 
Manager's approval prior to mining under the body of water. MSHA is 
obligated to respond in writing to the notice (30 CFR 75.1716-2) and to 
the permit application (30 CFR 75.1716-4). MSHA routinely receives the 
notice and the permit application as a single correspondence due to the 
annual review of the mine ventilation plan map one year mining 
projections [30 CFR 75.317(b)(14)] and the annual submittal of a 
certified mine map, which is required to show the locations of mines 
above and below and bodies of water above the active mine [30 CFR 
75.1200-(I and j) and 30 CFR 75.1203). The annual review of these maps 
provide early detection of potential inundation hazards and as a result 
reduce or eliminate the need for a separate notice under 30 CFR 
75.1716-1.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Operations Under Water.
    OMB Number: 1219-0020.
    Agency Number: MSHA 207.
    Recordkeeping: The CFR does not mention whether or not a record of 
the permit should be kept and for how long. However, MSHA maintains a 
copy of the permit application and the correspondence granting the 
permit in the mine file through the active life of the mine. In 
addition, both the permitted mine workings and the location and extent 
of the body of water are a permanent part of the information required 
on the certified mine map. MSHA occasionally will require the 
conditions under which a permit application is approved to be included 
in the mine roof control plan (30 CFR 75.220) where the District 
Manager determines such information is necessary to adequately protect 
miners.
    Affected Public: Business or other for-profit.

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                      Total                                                    Average time per                 
Cite/reference     respondents            Frequency           Total responses      response           Burden    
----------------------------------------------------------------------------------------------------------------
75.1716.......  Included in       Occasional...............  Included in       5 hours.........  Included in    
                 75.1716-3.                                   75.1716-3.                          75.1716-3.    
75.1716.1.....  ................  Included in 75.1716-3....  Included in       5 hours.........  Included in    
                                                              75.1716-3.                          75.1716-3.    
75.1716-3.....  14 new or         On occasion..............  14..............  5 hours.........  70 hours.      
                 revised notices/                                                                               
                 permit appls.                                                                                  
    Totals....  14..............  On occasion..............  14..............  5 hours.........  70 hours.      
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    Estimated Total Burden Cost: $3,010.00.
    Total Burden Cost (capital/startup): Certified Mail $210.
    Total Burden Cost (operating/maintaining): None.
    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: June 18, 1998.
Theresa M. O'Malley,
Acting Director, Program Evaluation and Information Resources.
[FR Doc. 98-16759 Filed 6-23-98; 8:45 am]
BILLING CODE 4510-43-M


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