[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Notices]
[Pages 39111-39112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19353]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Respirator Program Records

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 respirator program records. 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 in 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 September 21, 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#a2d2d1cbced4c7dbe2cfd1cac38cc5cdd4"><span class="__cf_email__" data-cfemail="acdcdfc5c0dac9d5ecc1dfc4cd82cbc3da">[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 O'Malley, Program Analysis 
Office, 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#384c57555954544178554b5059165f574e"><span class="__cf_email__" data-cfemail="53273c3e323f3f2a133e203b327d343c25">[email protected]</span></a> (Internet E-mail), (703) 235-1370 (voice), 
or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(a)(7) of the Mine Act mandates in part that mandatory 
standards prescribe the use of protective equipment where appropriate 
to protect miners against hazards. Where protective equipment or 
respirators are required because of exposure to harmful substances, 
MSHA must ensure that such equipment offers adequate protection for 
workers. A written respirator program that addresses such issues as 
selection, fitting, use, and maintenance of respirators is essential

[[Page 39112]]

for ensuring that workers are properly and effectively using the 
equipment. Records of fit-testing and essential for determining that 
the worker is wearing the proper respirator.
    Title 30 CFR Sections 56.5005 and 57.5005 require metal and 
nonmetal mine operators to institute a respirator program governing 
selection, maintenance, training, fitting, supervision, cleaning and 
use of respirators. To control those occupational diseases caused by 
breathing air contaminated with harmful dusts, fumes, mists, gases, or 
vapors, the primary objective is to prevent atmospheric contamination. 
MSHA's current policy, as prescribed by regulation, is to require that 
this be accomplished by feasible engineering and administrative control 
measures. When effective controls are not feasible, or while they are 
being instituted, or during occasional entry into hazardous atmospheres 
to perform maintenance or investigations, appropriate respirators are 
to be used in accordance with established procedures protecting the 
miners.
    Sections 56.5005 and 57.5005 incorporate by reference requirements 
of the American National Standards Institute (ANSI Z88.2-1969). These 
incorporated requirements mandate that miners who must wear respirators 
be fit-tested to the respirators that they will use. Certain records 
are also required to be kept in connection with respirators, including 
records of the date of issuance of the respirator, and fit-test 
results. The fit-testing records are essential for determining that the 
worker is wearing the proper respirator.

II. Current Actions

    The mine operator uses the information to properly issue 
respiratory protection to miners when feasible engineering and/or 
administrative controls do not reduce the exposure to permissible 
levels. Fit-testing records are used to ensure that a respirator worn 
by an individual is in fact the one for which that individual received 
a tight fit. MSHA uses the information to determine compliance with the 
standard.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Respirator Program Records.
    OMB Number: 1219-0048.
    Agency Number: MSHA 404.
    Record keeping: None.
    Affected Public: Business or other for-profit.
    Cite/Reference/Form/etc: 30 CFR Sections 56.5005 and 57.5005.
    Total Respondents: 600.
    Frequency: As required.
    Total Responses: 15,900.
    Average Time per Response: 5 hours and 20 minutes.
    Estimated Total Burden Hours: 3,973 hours.

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                                                                                   Average time                 
         Cite/Reference                Total         Frequency         Total       per response       Burden    
                                    respondents     (per year)       responses        (hours)         (hours)   
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Program Requirements............             600              12           7,200           5.000           3,000
Fit Test........................           1,500               1           1,500            .250             375
ANSI Recordkeeping..............             600              12           7,200            .083             598
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      Totals....................           2,700  ..............          15,900           5.353           3,973
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    Total Burden Cost (capital/startup): None.
    Total Burden Cost (operating/maintaining): $131,666.
    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: July 15, 1998.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 98-19353 Filed 7-20-98; 8:45 am]
BILLING CODE 4510-43-M


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