[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39908-39909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19866]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Application for Waiver of Surface 
Facilities Requirement

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 Application for Waiver of Surface 
Facilities Requirement. 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,

[[Page 39909]]

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 22, 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#daaaa9b3b6acbfa39ab7a9b2bbf4bdb5ac"><span class="__cf_email__" data-cfemail="2b5b5842475d4e526b4658434a054c445d">[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#a2c5c4c7d1c3c9e2cfd1cac38cc5cdd4"><span class="__cf_email__" data-cfemail="2542434056444e6548564d440b424a53">[email protected]</span></a> (Internet E-mail), 
(703) 235-8378 (voice), or (703) 235-1563 (facsimile).

SUPPLEMENTARY INFORMATION

I. Background

    Title 30 Sections 71.400 through 71.402 and 75.1712-1 through 
75.1712-3 require coal mine operators to provide bathing facilities, 
clothing change rooms, and sanitary flush toilet facilities in a 
location that is convenient for use of the miners. If the operator is 
unable to meet any or all of the requirements, he/she may apply for a 
waiver. Title 30 CFR Sections 71.403, 71.404, 75.1712-4 and 75.1712-5 
provide procedures by which an operator may apply for and be granted a 
waiver. Applications are filed with the District Manager for the 
district in which the mine is located and contain the name and address 
of the mine operator, name and location of the mine, and a detailed 
statement of the grounds upon which the waiver is requested and the 
period of time for which it is requested. Waivers for surface coal 
mines may be granted for a period not to exceed one year; requests for 
an annual extension may be sought by the operator. Waivers for 
underground coal mines may be granted for extended periods of time 
based on the information provided by the mine operator in the request 
for a waiver.
    The purpose for the waiver is to assure the conditions at the mine 
make it impractical for the mine operator to provide the required 
facilities, and to document the circumstances for granting of the 
waiver. This gives the mine operator written documentation that the 
requirement(s) of the standard have been waived by MSHA and MSHA 
inspection personnel will not require the mine operator to comply with 
the part(s) of the standard included in the waiver. Without this 
written documentation MSHA inspection personnel can not be assured that 
a mine operator is not required to provide the required sanitary 
facilities.

II. Current Actions

    This information is necessary in order to assure the mine operator 
is not required to provide the sanitary facilities as required by the 
standard. This information provides written documentation that MSHA has 
waived the requirements for the applicable part(s) of the standard as 
outlined in the waiver.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Application for Waiver of Surface Facilities Requirement.
    OMB Number: 1219-0024.
    Agency Number: MSHA 212.
    Affected Public: Business or other for-profit.

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                                                                                                                           Average time                 
                 Cite/reference                       Total                     Frequency                      Total       per response:  Burden  (hrs.)
                                                   respondents                                               responses       (minutes)                  
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71.403 71.404, Initial.........................             204  On Occassion...........................             204              30             102
71.403 71.404, Extensions......................             519  Annually...............................             519              20             173
75.1712-4 75.1712-5, Initial...................             215  On occassion...........................             217              30           108.5
75.1712-4 75.1712-5, Extension.................               2  On Occassion...........................               2              20               1
                                                --------------------------------------------------------------------------------------------------------
    Totals.....................................             940    .....................................             940                             384
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    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintaining): $0.
    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 17, 1998.
George M. Fesak,
Director, Program Evaluation and Information Resources.
[FR Doc. 98-19866 Filed 7-23-98; 8:45 am]
BILLING CODE 4510-43-M


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