61844 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 

• Enhance the quality, utility and 

clarity of the information to be 

collected; and 

• 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 submission of 

responses. 

Agency: Employment and Training 

Administration (ETA). 

Type of Review: Extension of 

currently approved collection. 

Title: Labor Certification for the 

Temporary Employment of 

Nonimmigrant Aliens in Agriculture in 

the United States: Administrative 

Measures to Improve Program 

Performance. 

OMB Number: 1205–0404. 

Frequency: On occasion. 

Affected Public: Businesses or other 

for-profits, Farms. 

Type of Response: Reporting. 

Number of Respondents: 335. 

Annual Responses: 335. 

Average Response time: 15 minutes. 

Total Annual Burden Hours: 84. 

Total Annualized Capital/Startup 

Costs: 0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): 0. 

Description: 20 CFR 655.106(e) 

required employers of nonimmigrant 

foreign (H–2A) workers in agriculture in 

the United States to notify their State 

Workforce Agency if such an employee 

departs prior to or remains after a 

scheduled departure date. 

Ira L. Mills, 

Departmental Clearance Officer. 

[FR Doc. 05–21360 Filed 10–25–05; 8:45 am] 

BILLING CODE 4510–30–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Proposed Information Collection 

Request Submitted for Public 

Comment and Recommendations; 

Preparation and Maintenance of 

Accurate and Up-to-date Certified Mine 

Maps for Surface and Underground 

Coal Mines; Submittal of Underground 

Mine Closure Maps; and Notification of 

MSHA Prior To Opening New Mines or 

the Reopening of Inactive or 

Abandoned Mines 

ACTION: Notice. 

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. 

DATES: Submit comments on or before 

December 27, 2005. 

ADDRESSES: Send comments to U.S. 

Department of Labor, Mine Safety and 

Health Administration, John Rowlett, 

Director, Management Services 

Division, 1100 Wilson Boulevard, Room 

2134, Arlington, VA 22209–3939. 

Commenters are encouraged to send 

their comments on a computer disk, or 

via Internet E-mail to 

Rowlett.John@dol.gov, along with an 

original printed copy. Mr. Rowlett can 

be reached at (202) 693–9827 (voice), or 

(202) 693–9801 (facsimile). 

FOR FURTHER INFORMATION CONTACT: 

Contact the employee listed in the 

ADDRESSES section of this notice. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title 30 CFR 75.1200, 75.1200–1, 

75.1201, 75.1202, 75.1202–1, and 

75.1203 require underground coal mine 

operators to have in a fireproof 

repository in an area on the surface of 

the mine chosen by the mine operator 

to minimize the danger of destruction 

by fire or other hazards, an accurate and 

up-to-date map of such mine drawn on 

scale. These standards specify the 

information which must be shown, the 

range of acceptable scale, the surveying 

technique or equivalent accuracy 

required of the surveying which must be 

used to prepare the map, that the maps 

must be certified as accurate by a 

registered engineer or surveyor, that the 

maps must be kept continuously up-todate by temporary notations and must 

be revised and supplemented to include 

the temporary notations at intervals not 

more than 6 months. In addition, the 

mine operator must provide the MSHA 

District Manager a copy of the certified 

mine map annually during the operating 

life of the mine. These maps are 

essential to the planning and safe 

operation of the mine. In addition, these 

maps provide a graphic presentation of 

the locations of working sections and 

the locations of fixed surface and 

underground mine facilities and 

equipment, escapeway routes, coal 

haulage and man and materials haulage 

entries and other information essential 

to mine rescue or mine fire fighting 

activities in the event of mine fire, 

explosion or inundations of gas or 

water. The information is essential to 

the safe operation of adjacent mines and 

mines approaching the worked out areas 

of active or abandoned mines. Section 

75.372 requires underground mine 

operators to submit three copies of an 

up-to-date mine map to the District 

Manager at intervals not exceeding 12 

months. 

Title 30 CFR 75.1204 and 75.1204–1 

require that whenever an underground 

coal mine operator permanently closes 

or abandons a coal mine, or temporarily 

closes a coal mine for a period of 90 

days, the operator shall file with MSHA 

a copy of the mine map revised and 

supplemented to the date of closure. 

Maps are retained in a repository and 

are made available to mine operators of 

adjacent properties. The maps are 

necessary to provide an accurate record 

of underground areas that have been 

mined to help prevent active mine 

operators from mining into abandoned 

areas that may contain water or harmful 

gases. 

Title 30 CFR 77.1200, 77.1201 and 

77.1202 require surface coal mine 

operators to maintain an accurate and 

up-to-date map of the mine and 

specified the information to be shown 

on the map, the acceptable range of map 

scales, that the map be certified a 

registered engineer or surveyor, that the 

map be available for inspection by the 

Secretary or his authorized 

representative. These maps are essential 

for the safe operation of the mine and 

provide essential information to 

operators of adjacent surface and 

underground mine operators. Properly 

prepared effectively utilized surface 

mine maps can prevent outbursts of 

water impounded in underground mine 

workings and/or inundations of 

underground mines by surface 

impounded water or water and/or gases 

impounded in surface auger mining 

worked out areas. 

Title 30 75.373 and 75.1721 require 

that after a mine is abandoned or 

declared inactive and before it is 

reopened, mine operations shall not 

begin until MSHA has been notified and 

has completed an inspection. Standard 

75.1721 specifies that the notification be 

in writing and lists specific information, 

preliminary arrangements and mine 

plans which must be submitted to the 

MSHA District Manager. 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 61845 

II. Desired Focus of Comments 

Currently, the Mine Safety and Health 

Administration (MSHA) is soliciting 

comments concerning the proposed 

extension of the information collection 

related to the Record of Mine Closure 

addressed in 30 CFR 75.1204 and 

75.1204–1; the inclusion of standards 

requiring MSHA notification and 

inspection prior to mining when 

opening a new mine or reopening an 

inactive or abandoned mine addressed 

in 30 CFR 75.373 and 75.1721; and, the 

inclusion of standards requiring 

underground and surface mine 

operators to prepare and maintain 

accurate and up-to-date mine maps 

addressed in 30 CFR 75.1200, 75.1200–

1, 75.1201, 75.1202, 75.1202–1, 75.1203, 

75,372, 77.1200, 77.1201 and 77.1202. 

MSHA is particularly interested in 

comments that: 

• 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; 

• 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; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• 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 

ADDRESES section of this notice, or 

viewed on the Internet by accessing the 

MSHA home page (http:// 

www.msha.gov) and then choosing 

‘‘Statutory and Regulatory Information’’

and ‘‘Federal Register Documents.’’

III. Current Actions 

Mine operators are required to 

conduct surveying such that mine maps 

are maintained accurate and up-to-date, 

the maps must be revised every 6 

months and certified accurate by a 

registered engineer or surveyor and to 

submit copies of the certified 

underground maps to MSHA annually 

and an up-to-date and revised mine 

closure map whenever an operator 

permanently closes or abandons a coal 

mine, or temporarily closes a coal mine 

for a period of more than 90 days, he or 

she shall promptly notify the Secretary 

of such closure. 

In addition, mine operators must 

notify MSHA so that an inspection can 

be conducted whenever a new mine is 

opened or a previously abandoned or 

inactive mine is reopened. The 

information required to be gathered and 

recorded on mine maps is essential to 

the safe operation of the mine and 

essential to the effectiveness of 

mandatory inspections and mandated 

mine plan approval by MSHA. Such 

information cannot be replaced by any 

other source and anything less than 

continuously updated and accurate 

information would place miner’s safety 

at risk. 

The information collected through the 

submittal of mine closure maps is used 

by operators of adjacent coal mines 

when approaching abandoned 

underground mines. The abandoned 

mine could be flooded with water or 

contain explosive amounts of methane 

or harmful gases. If the operator were to 

mine into such an area, unaware of the 

hazards, miners could be killed or 

seriously injured. In addition, it is in the 

public interest to maintain permanent 

records of the locations, extent of 

workings and potential hazards 

associated with abandoned mines. The 

public safety can be adversely affected 

by future land usage where such 

hazards are not known or inaccurately 

assessed. MSHA collects the closure 

maps and provides those documents to 

the Office of Surface Mining, 

Reclamation & Enforcement for 

inclusion in a repository of abandoned 

mine maps. Therefore, MSHA is 

continuing the certification and 

application of 30 CFR 75.1204 to assure 

the required information remains 

available for the protection of miner’s 

and public safety. In addition, MSHA 

has added the burden hours and cost 

estimates for standards which address 

the preparation and maintenance of 

certified mine maps for surface and 

underground coal mines and the 

notification of MSHA prior to the 

opening of new coal mines or the 

reopening of inactive or abandoned 

mines. 

Type of Review: Extension. 

Agency: Mine Safety and Health 

Administration. 

Title: Preparation and Maintenance of 

Accurate and Up-to-date Certified Mine 

Maps for Surface and Underground Coal 

Mines; Submittal of Underground Mine 

Closure Maps; and Notification of 

MSHA Prior to Opening New Mines or 

the Reopening of Inactive or Abandoned 

Mines. 

OMB Number: 1219–0073. 

Recordkeeping: Annual or on 

occasion. 

Affected Public: Business or other forprofit. 

Number of Responses: 1,586. 

Number of Respondents: 1,586. 

Total Burden Hours: 15,936. 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintaining): $18,292,611. 

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 18th day 

of October, 2005. 

David L. Meyer, 

Director of Administration and Management. 

[FR Doc. 05–21358 Filed 10–25–05; 8:45 am] 

BILLING CODE 4510–43–P 

MERIT SYSTEMS PROTECTION 

BOARD 

[MSPB Docket No. DA–1221–05–0320–W–1] 

Opportunity To File Amicus Briefs in 

William A. Wilcox v. International 

Boundary and Water Commission 

AGENCY: Merit Systems Protection 

Board. 

ACTION: The Merit Systems Protection 

Board is providing interested parties 

with an opportunity to submit amicus 

briefs on whether the Board has 

jurisdiction to review an individual 

right of action (IRA) appeal from an 

employee, former employee, or 

applicant for employment of the 

International Boundary and Water 

Commission. 

SUMMARY: 

Background 

The appellant in Wilcox v. 

International Boundary and Water 

Commission, MSPB Docket No. DA–

1221–05–0320–W–1, filed an IRA 

appeal alleging that the agency 

retaliated against him for protected 

disclosures he made while employed as 

Legal Advisor/General Counsel, GG–15, 

with the agency. The administrative 

judge dismissed the appeal for lack of 

jurisdiction. She found that the U.S. 

Section of the agency is a subdivision of 

an international organization and that 

its hiring authority derives from a 1944 

Treaty, not from the provisions of U.S.C. 

Title 5. She found that the right to bring 

an IRA appeal derives from 5 U.S.C. 

1221(a). She thus concluded that the 

appellant was not an employee entitled