[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19988-19989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9943]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Mine Operator Dust Cards

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 pre-clearance 
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)(c)(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 extension of the information 
collection related to the 30 CFR Sections 70.209, 71.209, and 90.209--
Mine Operator Dust Data Card; 70.201(c), 71.201(c), 90.201(c)--
Reporting Operator Sampling Dates; 70.202(b), 71.202(b), and 
90.202(b)--Dust Sampling Certification; 70.220(a), 71.220(a), and 
90.220(a)--Reporting Status Changes; and 71.300, 71.301(d), 90.300, and 
90.301(d)--Respirable Dust Control Plan.

DATES: Submit comments on or before June 29, 2009.

ADDRESSES: Send comments to, Debbie Ferraro, Management Services 
Division, 1100 Wilson Boulevard, Room 2141, Arlington, VA 22209-3939. 
Commenters are encouraged to send their comments on computer disk, or 
via e-mail to <a href="/cdn-cgi/l/email-protection#b5f3d0c7c7d4c7da9bf1d0d7d7dcd0f5f1faf99bf2fae3"><span class="__cf_email__" data-cfemail="87c1e2f5f5e6f5e8a9c3e2e5e5eee2c7c3c8cba9c0c8d1">[email protected]</span></a>. Ms. Ferraro can be reached at 
(202) 693-9821 (voice), or (202) 693-9801 (facsimile). Because of 
potential delays in receipt and processing of mail, respondents are 
strongly encouraged to submit comments electronically to ensure timely 
receipt. We cannot guarantee that comments mailed will be received 
before the comment closing date.

FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the 
ADDRESSES section of this notice.

SUPPLEMENTARY INFORMATION: 

I. Background

    30 CFR 70.201(c), 71.201(c), and 90.201(c), authorize the District 
Manager to require the mine operator to submit the dates(s) when 
sampling will begin. Only a certified person is allowed to conduct the 
respirable dust sampling required by these parts.
    Sec. Sec.  70.202(b), 71.202(b), and 90.202(b), require that the 
person must pass the MSHA examination on sampling of respirable coal 
mine dust.
    Sec. Sec.  70.220(a), 71.220(a), and 90.220(a), require the 
operator to report status changes to MSHA in writing within 3 working 
days after the status change has occurred.
    Sec. Sec.  70.209, 71.209, and 90.209, require persons who are 
certified by MSHA to take respirable dust samples to complete the dust 
data card that accompanies each sample being submitted for analysis.
    Sec. Sec.  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 
the applicable dust standard.
    Sec.  71.301(d) requires the respirable dust control plan to be 
posted on the mine bulletin board, however, 90.301(d) prohibits posting 
of the dust control plan for P-90 miners and, instead, requires a copy 
be provided to the affected P-90 miner.

II. Desired Focus of Comments

    MSHA is particularly interested in comments that:
    <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;

[[Page 19989]]

    <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 in the FOR FURTHER 
INFORMATION CONTACT section of this notice, or viewed on the Internet 
by accessing the MSHA home page (http://www.msha.gov/) and selecting 
``Rules & Regs'', and then selecting ``FedReg. Docs''. On the next 
screen, select ``Paperwork Reduction Act Supporting Statement'' to view 
documents supporting the Federal Register Notice.

III. Current Actions

    The information provided by the mine operator on the dust data card 
that accompanies each dust sample, the reporting of when such samples 
will be collected to allow MSHA to observe the actual collection, and 
the reporting of any changes in operation status affecting sampling, 
are vital to effectively administer the operator sampling program. This 
allows MSHA to determine not only whether mine operators have complied 
with the sampling requirements stipulated in the regulations but also 
which operators were in noncompliance with the applicable dust 
standard. After processing, results are reported back to mine operators 
for posting on the mine bulletin board and viewing by miners. MSHA also 
uses this information to plan enforcement activities and evaluate 
programs.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    Title: Mine Operator Dust Cards.
    OMB Number: 1219-0011.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Respondents: 830.
    Responses: 41,000.
    Burden Hours: 33,199.
    Total Burden Cost: $2,989,000.
    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 at Arlington, Virginia, this 24th day of April 2009.
John Rowlett,
Director of Management Services Division.
[FR Doc. E9-9943 Filed 4-29-09; 8:45 am]
BILLING CODE 4510-43-P


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