Proposed Information Collection Request Submitted for Public Comment and Recommendations; Single, Full-Shift Respirable Dust Measurements

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Proposed Information Collection Request Submitted for Public

Comment and Recommendations; Single, Full-Shift Respirable Dust

Measurements

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 information collections

related to single, full-shift respirable dust measurements. MSHA is

particularly interested in comments which:

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 individual listed below in the For Further

Information Contact section of this notice.

DATES: Submit comments on or before March 2, 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 [email protected], 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 [email protected]

(Internet E-mail), (703) 235-8378 (voice), or (703) 235-1563

(facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

Today, the Secretary of Labor and the Secretary of Health and Human

Services published a joint notice in the Federal Register finding that

the average concentration of respirable dust to which each miner in the

active workings of a coal mine is exposed can be measured accurately

over a single shift in accordance with section 202(f)(2) of the Mine

Act.

Implementation of the final finding is expected to better protect

miners from

[[Page 68421]]

overexposure to respirable coal mine dust and its related health

hazards. It is also expected to initially increase the number of

citations issued by MSHA inspectors for noncompliance with the

applicable respirable dust standard. However, based on previous

experience, MSHA anticipates that this increase will level off in

future years. Since a citation for noncompliance with the applicable

dust standard triggers several regulatory requirements on mine

operators that have paperwork implications, the final finding is

expected to have the effect of increasing the paperwork burden on mine

operators.

Under 30 CFR 70.201(d), 71.201(d), and 90.201(d), a mine operator

who receives a citation for a violation of the applicable dust standard

is required to take corrective action and then sample the affected

mechanized mining unit (MMU), designated area (DA), designated work

position (DWP), non-designated work position (NDWP), or part 90 miner

until five valid respirable dust samples are collected. Under 30 CFR

70.209, 71.209, and 90.209, persons who are certified to collect

respirable dust samples are required to complete dust data cards that

are submitted with these samples.

Sections 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

30 CFR 71.100, 71.101, 90.100 or 90.101. This plan provides a detailed

description of the specific respirable dust control measures used to

abate the violation of the respirable dust standard and how each

control measure will continue to be used by the operator to control

dust levels and ensure compliance with the applicable standard.

Section 71.301(d) requires the respirable dust control plan to be

posted on the mine bulletin board to inform interested persons at the

mine of the types and locations of dust control measures that are

required to be employed and maintained. However, 30 CFR 90.301(d)

prohibits posting of the dust control plan for part 90 miners and,

instead, requires a copy be provided to the affected part 90 miner.

A citation for a violation of the applicable standard can also form

the basis for requiring an underground coal mine operator to revise the

mine ventilation plan under 30 CFR 75.370. The mine ventilation plan is

required to specify the respirable dust control measures to be used

where coal is being cut, mined, drilled for blasting, or loaded; at

dust generating sources in designated areas; and at underground dumps,

crushers, transfer points, and haulageways.

Section 75.370(a)(3) requires the mine operator to notify the

representative of miners at least 5 days prior to submission of a mine

ventilation plan and any revision to such plan. If requested, the mine

operator is required to provide a copy to the representative of miners

at the time of notification. In the event of a situation requiring

immediate action on a plan revision, notice of the revision and, if

requested, a copy of the revision shall be given to the representative

of miners by the operator at the time of submission. A copy of any

proposed revision submitted for approval shall be made available for

inspection by the representative of miners and a copy of any proposed

revision submitted for approval shall be posted on the mine bulletin

board at the time of submittal, where it shall remain until it is

approved, withdrawn, or denied.

Section 75.370(e) requires that, prior to implementing a

ventilation plan revision, the mine operator must instruct all persons

affected by the revision in its provisions.

Section 75.370(f) requires that the approved ventilation plan and

any revisions shall be provided upon request to the representative of

miners by the operator following notification of approval, made

available for inspection by the representative of miners, and posted on

the mine bulletin board within 1 working day following notification of

approval. The approved plan and its revisions shall remain posted on

the bulletin board for the period of time that they are in effect.

II. Current Actions

Implementation of the final finding will better protect miners from

overexposure to respirable coal mine dust and its related health

hazards. It is also expected to initially increase the paperwork burden

on mine operators.

Type of Review: New.

Agency: Mine Safety and Health Administration.

Recordkeeping: Indefinite.

Title: Single, Full-Shift Respirable Dust Measurements.

Affected Public: Business or other for-profit institutions.

Estimated Burden Hours:

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Average

Total Total time per

Cite/reference respondents Frequency responses response Hour burden

(hours)

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70.209.............................. 338 On occasion........... 1,900 0.00 0

71.209.............................. 76 On occasion........... 405 0.00 0

90.209.............................. 3 On occasion........... 15 ........... ...........

71.300.............................. 81 On occasion........... 81 3.17 257

71.301(d)........................... 81 On occasion........... 81 0.17 14

75.370 and 75.370(a)(3)............. 63 On occasion........... 63 3.33 210

75.370(e)........................... 63 On occasion........... 63 0.17 11

75.370(f)........................... 63 On occasion........... 63 0.25 16

90.300.............................. 3 On occasion........... 3 3.17 10

90.301(d)........................... 3 On occasion........... 3 0.33 1

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Totals.............................. 611 ...................... 2,677 0.19 519

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Total Hour Burden Cost: $20,082.

Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintaining): $116,230.

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: December 19, 1997.

George M. Fesak,

Director, Program Evaluation and Information Resources.

[FR Doc. 97-33936 Filed 12-30-97; 8:45 am]

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